08.26.2014 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of upcoming events.
4. Presentations.
Update on Toyota Employee Relocation (RW)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – August 12, 2014
5b. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
site plan or preliminary site plan. (AG)
5c. Consider and act upon an ordinance rezoning 93.2± acres, located on the
northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single
Family-15 (SF-15) to Planned Development-Single Family (PD-SF). (Z14-0008).
(AG)
5d. Consider and act upon an ordinance amending Section 10.02.002 "Definitions" of
Article 10.02 “Capital Improvements and Impact Fees” of Chapter 10
"Subdivision Regulation" of the Town’s Code of Ordinances by amending the
definition of “New development” to exclude temporary modular buildings from the
payment of roadway impact fees. (BE)
5e. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Texas Parks & Wildlife Small Community Park Grant for
Cockrell Park. (PN)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 26, 2014
6:00 p.m.
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6. CITIZEN 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 Meeting Appearance Card” 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 “Public Meeting Appearance Card” 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.)
PUBLIC HEARINGS:
7. Conduct a Public Hearing to consider and discuss the FY 2014-2015 Budget, as
proposed. (KA)
8. Conduct a Public Hearing to consider and discuss a proposal to increase total tax
revenues from properties on the tax roll in the preceding year by 11.07 percent. (KA)
9. Conduct a Public Hearing, and consider and act upon a request to rezone 0.2± acres,
located on the north side of Broadway Street, 550± feet east of Coleman Street, from
Single Family-15 (SF-15) to Downtown Office (DTO). (Z14-0012). (AG)
DEPARTMENT ITEMS:
10. Library Services Department update. (LS)
11. Consider and act upon awarding Bid No. 2014-57-B to Jay Davis Company, Inc., dba
JDC Construction, related to the construction services for the Southwest Corner Frontier
Park Batting Cages; and authorizing the Town Manager to execute same. (PN)
12. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
12a. Section 551.087 – To discuss and consider economic development incentives.
12b. Section 551.072 – To discuss and consider purchase, exchange, lease or value
of real property for municipal purposes and all matters incident and related
thereto.
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12c. Section 551.074 – To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment/Construction Board of Appeals, and
Library Board.
13. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Hawk Ridge Channel Improvements (HW)
15. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town
Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted on August 22, 2014, at 6:30 p.m.
and remained so posted at least 72 hours before said meeting was convened.
_________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Kenneth Dugger
Councilmember Michael Korbuly
Councilmember Mike Davis
Councilmember Curry Vogelsang, Jr.
Councilmember Jason Dixon
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon T. Webb, Jr., Executive Director of Development and Community Services
Dan Heischman, Senior Engineer
Matt Richardson, Senior Engineer
Alex Glushko, Senior Planner
Pamela Clark, Planning Technician
Paul Naughton, Landscape Architect
Will Mitchell, Parks & Recreation Manager
Julie Shivers, Recreation Services Coordinator
Bill Elliott, Building Official
Kent Austin, Finance Director
Trish Featherston, Accounting Manager
Kelly Vanaman, Utility Billing Administrator
Doug Kowalski, Police Chief
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jim Lugar of Life Journey Church led the invocation. The Pledge of Allegiance and
the Pledge to the Texas Flag were recited.
3. Announcements of upcoming events.
Mayor Pro-Tem Miller made the following announcements:
MINUTES
Regular Meeting of the
Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, August 12, 2014
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The Prosper Fire Department will host its third annual 9-11 Remembrance Ceremony
the morning of September 11 at 8:40 a.m. at the Fire Station. The public is invited to
attend.
The annual Community Picnic will take place on Saturday, September 13, at Frontier
Park from 5:00 p.m. to 8:00 p.m. as part of Live & Prosper’s Summer Series. The
event includes free hot dogs and soft drinks until 6:00 p.m., bounce houses, games,
music, and lots of fun activities for kids and families. “The Lego Movie” will begin at
dusk. Contact Julie Shivers in the Parks & Recreation Department for more
information.
Several asphalt road improvements have been completed around Town, and the First
Street concrete paving project should be open to two-way traffic by this Monday.
The Town Council wishes to thank all of the board applicants who attended tonight’s
Meet & Greet. We appreciate your willingness to serve your community.
Councilmember Korbuly thanked the Police Department and the Fire Department for
their help in supporting the Midnight Madness event.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items
may be removed from the Consent Agenda by the request of Council Members
or staff.)
Councilmember Davis removed Items 4b, 4g, 4h, and 4i from the Consent Agenda.
Mayor Pro-Tem Miller removed Item 4e from the Consent Agenda.
4a. Consider and act upon minutes from the following Town Council
meeting. (RB)
Regular Meeting – July 22, 2014
4c. Consider and act upon a residential street light standard for Frontier
Estates (Planned Development-15). (DH)
4d. Consider and act upon a residential street light standard for Tanner’s
Mill (Planned Development-SF-10). (DH)
4f. Consider and act upon whether to direct staff to submit a written notice
of appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning &
Zoning Commission on any site plan or preliminary site plan. (AG)
Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Dixon seconded
the motion to approve Items 4a, 4c, 4d, and 4f on the Consent Agenda. The motion
was approved by a vote of 7-0.
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4b. Consider and act upon approving the Agency Client Agreement for
Fiscal Year 2014-2015 between the Town of Prosper and Zenitram and
Associates, d.b.a Municipal Voice. (HJ)
Town Manager Jefferson responded to questions about the terms of the contract, the
scope of services, and the quality of the work product. Councilmember Davis made a
motion and Deputy Mayor Pro-Tem Dugger seconded the motion to approve the
Agency Client Agreement for Fiscal Year 2014-2015 between the Town of Prosper
and Zenitram and Associates, d.b.a Municipal Voice. The motion was approved by a
vote of 7-0.
4e. Consider and act upon a resolution authorizing the Town Manager to
execute on behalf of the Town, deeds, easements, temporary easements,
and all other grants and conveyances of property interests related to
construction, utilities and development activities. (HW)
Hulon Webb, Executive Director of Development and Community Services, and Town
Attorney Terry Welch answered questions related to the purpose of the resolution.
The intent is to expedite the execution of deeds, easements, and other conveyances,
which are typically non-monetary in nature. The Town Council requested that the
resolution be amended to limit the Town Manager’s authority to release land. The
Town Attorney read into the record the amended language for Section 2 of the
resolution limiting the Town Manager’s authority to release land to no more than three
acres.
Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem Dugger seconded
the motion to approve Resolution No. 14-52 authorizing the Town Manager to
execute on behalf of the Town, deeds, easements, temporary easements, and all
other grants and conveyances of property interests related to construction, utilities
and development activities, subject to the acreage limits in Section 2 read into the
record by the Town Attorney. The motion was approved by a vote of 7-0.
4g. Consider accepting the submission of the certified collection rate of 100
percent for FY 2014-2015. (KA)
4h. Consider and act upon Ordinance 14-53 establishing the 2014 certified
appraisal roll. (KA)
4i. Consider accepting submission of the 2014 effective tax rate of
$0.468183 per $100 taxable value and the rollback tax rate of $0.429220
per $100 taxable value. (KA)
Finance Director Kent Austin reviewed the collection rate, appraisal process, the
effective tax rate and the rollback rate. Following discussion, Councilmember Davis
made a motion and Councilmember Vogelsang seconded the motion to approve
Items 4g, 4h, and 4i. The motion was approved by a vote of 7-0.
5. CITIZEN 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
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agenda. Please complete a “Public Meeting Appearance Card” 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 “Public Meeting Appearance Card” 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.)
PUBLIC HEARINGS:
6. Presentation of service plan and second public hearing to consider the
involuntary annexation of a 2.3± acre tract of land, located on the east side of
Dallas Parkway, 500± feet south of First Street. (A14-0001). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town’s Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
subject property no longer meets these requirements, so Town staff recommends an
involuntary annexation of the property. State law requires two Public Hearings to be
held as part of the annexation process. The first Public Hearing was held on July 22,
2014.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
7. Presentation of service plan and second public hearing to consider the
involuntary annexation of a 18.0± acre tract of land, located 800± feet south of
Prosper Trail, 4,500± feet east of Coit Road. (A14-0002). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. In 2009,
the Town entered into multiple five-year agreements with the remaining
unincorporated properties within Collin County and the Town’s Extraterritorial
Jurisdiction (ETJ), and the Town has offered to extend these agreements to all
properties that continue to maintain their Agricultural property tax exemption. The
owner of the subject property did not respond to the two offer letters from the Town to
extend the agreement, so Town staff recommends an involuntary annexation of the
property. State law requires two Public Hearings to be held as part of the annexation
process. The first Public Hearing was held on July 22, 2014.
Mayor Smith opened the Public Hearing.
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With no one speaking, Mayor Smith closed the Public Hearing.
8. Conduct a Public Hearing, and consider and act upon a request to rezone 93.2±
acres, located on the northwest corner of Prosper Trail and Coit Road, from
Agricultural (A) and Single Family-15 (SF-15) to Planned Development-Single
Family-15/Office (PD-SF-15/O). (Z14-0008). (AG)
Mayor Smith stated that he would abstain from voting on Item 8 due to a conflict of
interest, and left the Council bench.
Alex Glushko presented this item before the Town Council. The items was tabled at
the July 22 Town Council meeting to allow the applicant to revise the request from
straight zoning to a Planned Development. Mr. Glushko reviewed the revised request
which included changes to the proposed lot sizes and landscaping setback. Town
staff recommended approval of the request subject to:
1. Revising all zoning exhibits to replace the minimum 12,500 square foot lots with
minimum 15,000 square foot lots, in accordance with the FLUP.
2. Revising Exhibit C to increase the minimum depth of the minimum 25,000 square
foot lots to 170 feet, in accordance with the straight SF-22 District standards.
3. Revising the provision regarding the landscaping setback along Prosper Trail and
Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road,
thereby requiring thoroughfare screening along Coit Road to be in accordance
with the Subdivision Ordinance.
Mr. Glushko and Executive Director of Development and Community Services Hulon
Webb responded to questions regarding permitted uses in the proposed zoning
district, though some uses would be allowed by a Special Use Permit (SUP). The
landscape setback, and right-of-way width along Coit Road were also discussed.
Mayor Pro-Tem Miller opened the Public Hearing.
Mardy Brown with Texas Development Services spoke on behalf of the applicant.
The applicant is requesting a base zoning of SF-15, with a range of lot sizes from
12,500 sq. ft. to 25,000 sq. ft. which would result in an average of 1.6 dwelling units
per acre. The applicant, staff, and Council discussed the staff recommendations.
The applicant is agreeable to staff’s third recommendation for the landscaping
setback, but is not in agreement with the first two recommendations related to
changes to the lot sizes. The applicant was agreeable to Council’s request to include
a minimum of 10% of the residences to have swing-in garages.
With no one else speaking, Mayor Pro-Tem Miller closed the Public Hearing.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem
Miller seconded the motion to approve a request to rezone 93.2± acres, located on
the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single
Family-15 (SF-15) to Planned Development-Single Family (PD-SF), subject to:
Revising the provision regarding the landscaping setback along Prosper Trail and
Coit Road in Exhibit C to require a 25-foot landscape setback along Coit Road,
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therefore requiring throroughfare screening along Coit road to be in accordance
with the subdivision ordinance.
There shall be a minimum of 10% of the single family residences with swing-in
garages.
The motion was approved by a vote of 6-0.
Mayor Smith returned to the Council bench.
DEPARTMENT ITEMS:
9. Submission of the FY 2014-2015 Proposed Budget and Budget Message by the
Town Manager. (HJ)
Town Manager Harlan Jefferson presented this item before the Town Council. The
Town Council was provided with electronic copies and hard copies of the proposed
budget and the Capital Improvement Plan. The proposed budget does not
recommend a tax rate, water rate, sewer rate, or storm water rate increase. The
Town Manager will meet individually with Town Council members to discuss the
proposed budget.
No further action was required for this item.
10. Consider and act upon a proposed FY 2014-2015 property tax rate. (KA)
Finance Director Kent Austin presented this item before the Town Council. Town
staff recommends the Town Council propose a rate of $0.52 per $100 in valuation.
Mr. Austin reviewed the budget and tax rate calendar.
Deputy Mayor Pro-Tem Dugger made a motion and Mayor Pro-Tem Miller seconded
the motion to place a proposal to adopt a FY 2014-2015 tax rate of fifty-two cents
($0.52) per one hundred dollars ($100) of valuation on the September 23, 2014,
Town Council agenda. The Town Council voted as follows:
Mayor Ray Smith - Yes
Mayor Pro-Tem Meigs Miller - Yes
Deputy Mayor Pro-Tem Kenneth Dugger - Yes
Councilmember Michael Korbuly - Yes
Councilmember Mike Davis - Yes
Councilmember Curry Vogelsang, Jr. - Yes
Councilmember Jason Dixon – Yes
The motion was approved by a vote of 7-0.
11. Consider and act upon a schedule of public hearings for the FY 2014-2015
Proposed Budget. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed dates for the two Public Hearings are August 26, 2014, and September 9,
2014.
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Deputy Mayor Pro-Tem Dugger made a motion and Councilmember Korbuly
seconded the motion to schedule public hearings on the FY 2014-2015 Proposed
Budget for August 26, 2014, at 6:00 p.m., and September 9, 2014, at 6:00 p.m., with
each meeting taking place at the Prosper Municipal Chambers at 108 W. Broadway
Street, Prosper, TX. The motion was approved by a vote of 7-0.
12. Consider and act upon a schedule of public hearings for the FY 2014-2015
proposed property tax rate. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
proposed dates for the two Public Hearings are August 26, 2014, and September 9,
2014.
Councilmember Korbuly made a motion and Councilmember Vogelsang seconded
the motion to set the public hearings on the proposal to increase total tax revenues
and the proposed tax rate of $0.52 per $100 in valuation for August 26, 2014, at 6:00
p.m. and September 9, 2014, at 6:00 p.m., with each meeting taking place at the
Prosper Municipal Chambers at 108 W. Broadway Street, Prosper, TX. The motion
was approved by a vote of 7-0.
13. Consider and act upon authorizing the Town Manager to execute a contract
amendment with IESI, a Progressive Waste Solutions Company, related to bulk
service collection. (KA)
Finance Director Kent Austin presented this item before the Town Council. The
contract amendment would add one collection date per month. Bulk collection on the
east side of Town will take place on the last Saturday of the month, and collection on
the west side of Town will take place on the first Saturday of the month. The dividing
line is Preston Road. Sixty percent of the collection requests are from the east side
of Preston Road, and forty percent occur on the west side.
Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dugger
seconded the motion authorizing the Town Manager to execute a contract
amendment with IESI, a Progressive Waste Solutions Company, relative to bulk
service collection, from one time per month to two times per month, with the
applicable day of bulk service collection based upon the location of the request for
collection. The motion was approved by a vote of 7-0.
14. Consider and act upon an ordinance amending Article 12.08, “Truck Routes,” of
Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances, regarding
additional street segments for truck routes. (DK)
Police Chief Doug Kowalski presented this item before the Town Council. Chief
Kowalski reviewed the details of the proposed ordinance. Delivery trucks, utility
vehicles, passenger vehicles and motor homes would be exempt from the ordinance.
Town staff originally intended to include Frontier Parkway east of Preston Road in the
ordinance, but the Texas Department of Transportation (TxDOT) has denied the
request at this time. The ordinance would give police officers the authority to stop
vehicles they believe are in violation of the ordinance. Town staff will continue
discussions with TxDOT to work toward including Frontier Parkway east of Preston
Road in the truck route ordinance.
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After discussion, Mayor Pro-Tem Miller made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve Ordinance No. 14-54 amending Article
12.08.003, “Unlawful Acts/Exemptions,” of Chapter 12, “Traffic,” of the Code of
Ordinances for the Town of Prosper, Texas. The motion was approved by a vote of
7-0.
15. Consider and act upon an ordinance amending Section 12.09.004 "School
Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s Code of
Ordinances by modifying the list of streets and limits on which school zones
are established, modifying the hours of operation of such zones, and modifying
the maximum speed limit during hours of operation of such zones. (MR)
Senior Engineer Matt Richardson presented this item before the Town Council. Mr.
Richardson reviewed the details of the proposed school zones, and the placement of
school zone markings, flashing beacons, and signs, taking into account the concerns
brought forward by the Town Council at the July 22, 2014, Town Council meeting.
Mayor Smith recognized the following individual who requested to speak:
Mike McClung, 1400 Cedar Springs Drive, Prosper, thanked the Town staff and
Council for taking the Lakes of La Cima neighborhood’s concerns into account when
revising the school zones.
After discussion, Deputy Mayor Pro-Tem Dugger made a motion and Councilmember
Korbuly seconded the motion to approve Ordinance No. 14-55 amending Section
12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town’s
Code of Ordinances by modifying the list of streets and limits on which school zones
are established, modifying the hours of operation of such zones, and modifying the
maximum speed limit during hours of operation of such zones. The motion was
approved by a vote of 7-0.
16. Consider and act upon an amendment to the Capital Improvement Plan (CIP).
(MR)
Senior Engineer Matt Richardson presented this item before the Town Council. The
Town Council was provided a revised copy of the staff report and CIP amendment
prior to the meeting to include batting cages at the Frontier Park - Southwest Corner
Practice Fields project. Mr. Richardson reviewed the components of the CIP
amendment. Mr. Webb and Mr. Jefferson responded to questions from the Town
Council regarding the Teel Parkway bridge, and the future widening of the roadway.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to approve an amendment to the Capital Improvement
Plan (CIP), in the additional amount of $300,000 for the Teel Parkway (DCFWSD
#10) project and in the additional amount of $100,000 for the Frontier Park –
Southwest Corner Practice Fields project. The motion was approved by a vote of 6-1.
17. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between Denton County FWSD #10, and the Town of Prosper,
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Texas, related to the construction of Teel Parkway north of Fishtrap Road to
serve the Artesia development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented
this item before the Town Council. The agreement outlines the Town’s contribution
toward the design and construction costs associated with the third lane of the Teel
Parkway Bridge as well as a potential bridge further north. The agreement also
addresses aesthetic upgrades to the bridge, which include a decorative stained finish
rather than metal.
After discussion, Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem
Dugger seconded the motion to authorize the Town Manager to execute an Interlocal
Agreement between Denton County FWSD #10, and the Town of Prosper, Texas,
related to the construction of Teel Parkway north of Fishtrap Road to serve the
Artesia development. The motion was approved by a vote of 7-0.
18. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Dunaway Associates, LP, and the Town of
Prosper, Texas, related to the Frontier Park North Conceptual Master Plan and
Sexton Park Conceptual Master Plan project. (PN)
Landscape Architect Paul Naughton presented this item before the Town Council.
Dunaway Associates is currently working on the update to the Parks, Recreation &
Open Space Master Plan. The proposed agreement will be used to develop
Conceptual Master Plans for Frontier Park and Sexton Park that Town staff can use
to plan future improvements and budgets for new infrastructure and recreational
facilities. The Conceptual Plans will be reviewed by the Parks and Recreation Board
and the Town Council for additional feedback. Mr. Naughton responded to questions
from Council as to where Dunaway Associates received the data for the Master
Plans. Information has been provided to Dunaway Associates from the Parks,
Recreation and Open Space Master Plan Advisory Committee, staff, and the online
survey that the Town recently made available to residents. The Town Council
questioned staff on the scope of services in the proposed agreement, and requested
to see a sample Conceptual Plan from Dunaway Associates prior to approving the
agreement. The Town Council also requested that the sports organizations be
involved in the discussions to make sure their concerns are addresses in the Master
Plan.
After discussion, Councilmember Korbuly made a motion and Councilmember Dixon
seconded the motion to table Item 18 until the September 23, 2014, Town Council
meeting. The motion was approved by a vote of 7-0.
19. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
19a. Section 551.087 – To discuss and consider economic development incentives.
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19b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
19c. Section 551.074 – To discuss appointments to the Planning & Zoning
Commission, Parks & Recreation Board, Prosper Economic Development
Corporation Board, Board of Adjustment/Construction Board of Appeals, and
Library Board.
19d. Section 551.071(2) – Consultation with Town Attorney regarding land use
legal issues.
The Town Council recessed into Executive Session at 8:28 p.m.
20. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Regular Session was reconvened at 10:22 p.m.
There was no action as a result of Executive Session.
21. Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
Update to Fire Station No. 2 Design (RT)
Fire Chief Ronnie Tucker updated the Town Council on the design of Fire Station
No. 2, and provided conceptual drawings of the project. The Town Council was in
favor of the current design plans.
Discussion on Roadway Impact Fees for Temporary Modular Buildings (BE)
Building Official Bill Elliott reviewed the results of a 10-city survey related to
roadway impact fees. Town staff was directed to bring a future agenda item to
the Town Council that would waive roadway impact fees, but keep water and
sewer fees in place, and to make the waiver retroactive to October 1, 2013.
Discussion on Freeport Tax (KA)
Finance Director Kent Austin reviewed the Town’s previous action on this
ordinance, and reviewed the results of a 10-city survey related to the Freeport
exemption. The Town currently does not employ the Freeport exemption that
prohibits taxation on goods-in-transit. Town staff was directed to take no action,
and keep the current exemption in place.
Discussion on field user fees (JS)
Julie Shivers, Recreation Services Manager, reviewed the proposed changes to
the field user fees. Town staff was provided with direction to increase the per
player rates, and eliminate the hourly field light rates for co-sponsored teams.
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Discussion on Library Board Bylaws
Town Secretary Robyn Battle updated the Town Council on a suggestion to add a
Prosper ISD liaison to the Library Board who would be a non-voting member.
Town Council agreed to direct staff to propose the suggestion to the Library Board
to have the Library Bylaws amended.
22. Adjourn.
The meeting was adjourned at 11:32 p.m.
These minutes approved on the 26th day of August, 2014.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their August 12, 2014 meeting. Per the Town’s Zoning Ordinance, the Town
Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town
Council to the Development Services Department for any site plan or preliminary site plan acted
on by the Planning & Zoning Commission.
Attached Documents:
1. Site plan for Preston Lakes of Prosper North Amenity Center.
2. Site plan for St. Paul’s Episcopal Church.
3. Site plan for Tanners Mill Amenity Center.
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5b
1
(208.16'6
:74.00'183.75'114.34'
6
(138.28'PROPOSEDBLDGFFE 634.13LOCATION MAPNOT TO SCALESP1SITE PLANLAKES OF PROSPER NORTH,PH. 2Lot 1, Block G~AMENITY CENTER~WATER METER SCHEDULELOT1, BLOCK G SITE INFORMATIONZONING:RESIDENTIALPROPOSED USE: AMENITY CENTERLAND AREA: 29,272.32 S.F. OR 0.672 ACRESBUILDING AREA: 670 SFRESTROOM: 240.00 SFSTORAGE: 170.00 SFATTACHED OUTDOOR: 260.00 SFBUILDING HEIGHTS: 18' (1 STORY)FLOOR TO AREA: 0.0228:1 [670/29,272.32]LOT COVERAGE: 2.28%PARKING REQUIRED: 10 PARKING STALLS PER CHAPTER 4SECTION 4.5 OF DEVELOPMENT REQUIREMENTS.HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS.PARKING PROVIDED: 10 TOTAL, (w/ 1 HANDICAP)TOTAL IMPERVIOUS SURFACE: 15,972.32 SF, 54.5%INTERIOR LANDSCAPE REQUIRED: (LOT AREA X 10%) 2,927.23 SFINTERIOR LANDSCAPE PROVIDED: 13,300 SFOPEN SPACE PROVIDED: 13,300 / 29,272.32 = .454 = 45.4%LANDSCAPE ARCHITECT:STUDIO 13 DESIGN GROUP, PLLC.519 BENNETT LANESUITE 203LEWISVILLE, TEXAS 75057PH. (469) 635-1900CONTACT: CODY JOHNSON, ASLA, LIOWNER/DEVELOPER:CENTURION AMERICAN DEV.1221 NORTH 35E, SUITE 200CARROLLTON, TEXAS 75006PH. (469) 446-3544CONTACT: STEVE LENARTENGINEER:SPIARS ENGINEERING, INC.765 CUSTER ROAD, SUITE 100PLANO, TEXAS 75075PH: (972) 422-0077CONTACT: MATT DORSETTTOWN OF PROSPER SITE PLAN NOTES:ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL ANDWILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOIDCONFLICTS BETWEEN PLANS.xDUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED INACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE.xOPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED INACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE.xOUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING ANDGLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVEZONING ORDINANCE AND SUBDIVISION REGULATIONORDINANCE.xLANDSCAPE SHALL CONFORM TO LANDSCAPE PLANS APPROVEDBY THE TOWN.xALL ELEVATIONS SHALL COMPLY WITH THE STANDARDSCONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE.xBUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100%FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURESMAY BE APPROVED BY THE FIRE DEPARTMENT.xFIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWNSTANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.xTWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THEPROPERTY AT ALL TIMES.xSPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.xHANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITYSHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT(ADA) AND WITH THE REQUIREMENTS OF THE CURRENTADOPTED BUILDING CODE.xALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.xALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THESITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.xALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDINGOFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVEDFACADE PLAN.xSIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONGTHOROUGHFARES AND COLLECTORS AND FIVE (5') FEET INWIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREERAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.xAPPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALLENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER.xSITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.xALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/ORRELOCATED UNDERGROUND.xALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONINGORDINANCE.xNO FLOODPLAIN EXISTS ON THE SITELEGENDPROPOSED BARRIER FREE RAMPPROPOSED PARKING COUNTEXISTING FIRE HYDRANTHANDICAP PARKING SPACEEXISTING WATER MAIN W/ VALVEEXISTING SANITARY SEWER MANHOLEFINISHED FLOOR ELEVATIONEXISTING SANITARY SEWEREXISTING STORMRIGHT-OF-WAY24'-0" FIRE LANE, ACCESSAND UTILITY EASEMENTFFE 632.20EXISTING NO PARKING SIGN TO REMAIN555BFRH/CH/C6'-0" HT. SCREENING WALL (STONE AND BRICK FACADE)SCREENING WALL SHALL ACT AS SWIMMING POOL ANDTRASH TOTE ENCLOSURE.6'-0" HT. ORNAMENTAL METAL FENCE2 - 5'-0" WIDTH SELF LATCHING,SELF CLOSING METAL GATE1 - 5'-0" WIDTH SELF LATCHING,SELF CLOSING METAL GATEEXISTING VARIABLE HT. RETAINING WALLEXISTING CURB INLETPROPOSED DOMESTIC WATER METER8'-0" HT. BOARD ON BOARD WOOD FENCEBFRBFRItem 5b
LOCATION MAPNOT TO SCALE14-0030ST. PAUL'S EPISCOPAL CHURCH7.105 ACRE TRACTBEING A PORTION OF A CALLED 64.679ACRE TRACT OF LANDDESCRIBED IN DEED TOSHADDOCK DEVELOPERS, LTD,RECORDED ININSTRUMENT NO. 20070330000431860BEING PART OF THEHARRISON JAMISON SURVEY,ABSTRACT NO. 480TOWN OF PROSPER, TEXASSTANDARD LANGUAGENOTESC3.0Site PlanDATE:8/5/14Item 5b
¾SP1SITE PLANTANNERS MILL PH 1BLOT 5, BLOCK X~AMENITY CENTER~LANDSCAPE ARCHITECT/APPLICANT:STUDIO 13 DESIGN GROUP, PLLC.519 BENNETT LANELEWISVILLE, TEXAS 75057(469) 635-1900CONTACT: LEONARD W. REEVES, ASLA, RLAlreeves@studio13.bzWATER METER SCHEDULELOT 5, BLOCK X SITE INFORMATIONZONING:PD-22 SF10 & SF15PROPOSED USE: AMENITY CENTERLAND AREA: 44,440 S.F. OR 1.01 ACRESBUILDING AREA: 1,260 SFRESTROOM: 280 SFSTORAGE: 280 SFATTACHED OUTDOOR: 620 SFBUILDING HEIGHTS: 14'-4" (1 STORY)FLOOR TO AREA: 0.0283:1 [1,260/44,440]LOT COVERAGE: 2.83%PARKING REQUIRED: 10 PARKING STALLS PER CHAPTER 4SECTION 4.5 OF DEVELOPMENT REQUIREMENTSPARKING PROVIDED: 10 TOTAL, (w/ 2 HANDICAP)HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITHADA STANDARDSTOTAL IMPERVIOUS SURFACE: 17,330 SF; 39%OPEN SPACE REQUIRED: 7% OF 44,440 SF = 3,110 SFOPEN SPACE PROVIDED: 27,110 SF; 61%OWNER:D R HORTON, TEXAS4306 MILLER RD, SUITE AROWLETT, TEXAS 75088PH. (214) 607-4244CONTACT: DAVID BOOTHENGINEER/SURVEYOR765 CUSTER ROAD, SUITE 100PLANO, TEXAS 75075TELEPHONE (972) 422-0077CONTACT: TIM C SPIARSBFRBFRBFRBFRBFRBFRBFRTOWN OF PROSPER SITE PLAN NOTES:ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL ANDWILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOIDCONFLICTS BETWEEN PLANS.xDUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED INACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE.xOPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED INACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE.xOUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING ANDGLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVEZONING ORDINANCE AND SUBDIVISION REGULATIONORDINANCE.xLANDSCAPE SHALL CONFORM TO LANDSCAPE PLANS APPROVEDBY THE TOWN.xALL ELEVATIONS SHALL COMPLY WITH THE STANDARDSCONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE.xBUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100%FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURESMAY BE APPROVED BY THE FIRE DEPARTMENT.xFIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWNSTANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT.xTWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THEPROPERTY AT ALL TIMES.xSPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.xHANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITYSHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT(ADA) AND WITH THE REQUIREMENTS OF THE CURRENTADOPTED BUILDING CODE.xALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.xALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THESITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.xALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDINGOFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVEDFACADE PLAN.xSIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONGTHOROUGHFARES AND COLLECTORS AND FIVE (5') FEET INWIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREERAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.xAPPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALLENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER.xSITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.xALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/ORRELOCATED UNDERGROUND.xALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONINGORDINANCE.LEGENDEXISTING CONTOUR INTERVALBARRIER FREE RAMPPROPOSED PARKING COUNTPROPOSED CONTOUR INTERVALEXISTING FIRE HYDRANTPROPOSED CURB INLETEXISTING POWER POLEBFREXISTING WATER MAIN W/ VALVEEXISTING SANITARY SEWER MANHOLEFINISHED FLOOR ELEVATIONFFEEXISTING SANITARY SEWEREXISTING STORMRIGHT-OF-WAYVISIBILITY, ACCESS, & MAINTENANCEEASEMENT (VAM)BARRIER FREE RAMPPROPOSED IRIGATION METERPROPOSED DOMESTIC WATER METERNOTE: NO FLOODPLAIN EXIST ON THE SITEHANDICAP PARKING SPACEItem 5b
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Consider and act upon an ordinance rezoning 93.2± acres, located on the northwest corner of
Prosper Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned
Development-Single Family (PD-SF). (Z14-0008).
Description of Agenda Item:
On August 12, 2014, the Town Council approved zoning case Z14-0008, by a vote of 7-0,
subject to:
1. Revising the provision regarding the landscaping setback along Prosper Trail and Coit Road
in Exhibit C to require a 25-foot landscape setback along Coit Road.
2. Revising Exhibit C to require a minimum of 10% of the homes to have swing-in garages.
Since the Town Council meeting, the applicant has revised Exhibit C to reflect the conditions of
Town Council approval. Town staff has prepared an ordinance rezoning the property.
Legal Obligations and Review:
Zoning Ordinance 05-20 requires that the Town Council hold a public hearing before approving
a zoning request and adopting an ordinance rezoning property. A public hearing has been held
and the Town Council approved the zoning case. The attached ordinance is a standard format
that was previously approved by the Town Attorney, Terrence Welch.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance rezoning 93.2± acres,
located on the northwest corner of Prosper Trail and Coit Road, from Agricultural (A) and Single
Family-15 (SF-15) to Planned Development-Single Family (PD-SF).
Proposed Motion:
I move to adopt an ordinance rezoning 93.2± acres, located on the northwest corner of Prosper
Trail and Coit Road, from Agricultural (A) and Single Family-15 (SF-15) to Planned
Development-Single Family (PD-SF).
Prosper is a place where everyone matters.
PLANNING
Item 5c
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 93.20 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SURVEY, ABSTRACT NO. 172,
AND THE ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) AND SINGLE FAMILY-15 (SF-15) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY (PD-SF); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Texas
Development Services (“Applicant”) to rezone 93.20 acres of land, more or less, situated in the
Collin County Survey, Abstract No. 172, and the Elisha Chambers Survey, Abstract No. 179, in
the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
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 Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below-described property containing 93.20 acres of
land, more or less, situated in the Collin County Survey, Abstract No. 172, and the Elisha
Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas, (the
“Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby
rezoned as Planned Development-Single Family (PD-SF). The property as a whole and the
Item 5c
Ordinance No. 14-__, Page 2
boundaries for each zoning classification are more particularly described in Exhibit “A” attached
hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit “B”; 2) the planned development standards, attached hereto as
Exhibit “C”; 3) the conceptual development plan requirements, attached hereto as Exhibit “D”;
and 4) the development schedule, attached hereto as Exhibit “E”, which are incorporated herein
for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may
be amended.
Three (3) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200’) of the District to be
amended.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Item 5c
Ordinance No. 14-__, Page 3
SECTION 6
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 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26th DAY OF AUGUST, 2014.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5c
PROSPER TRAIL - 100' ROW
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PIPELINE SERVICES,
VOL. 2665, PG. 229, D.R.C.C.T.
GRAPHIC SCALE
( IN FEET )
1 inch = ft.100 Case No. - Z2014-0008KENDRICKNW CORNER PROSPER TRAILAND COIT ROADZONING EXHIBIT A93.196 ACRESELISHA CHAMBERS SURVEY ABSTRACT 179TOWN of PROSPERCOLLIN COUNTY, TEXASAugust 05, 2014
TEXAS DEVELOPMENT SERVICES
906 W. McDERMOTT DRIVE
SUITE 196-296
ALLEN, TX 75013
469-853-6538
TX FRIM NO. 12790
C-01 DERETSIGE
R REENIGNELANOISS
EFORP SAX
ETFOETATSA & W SURVEYORS, INC.
P.O. BOX 870029, MESQUITE, TX.
75187 PHONE: (972) 681-4975 FAX:
(972) 681-4954
WWW.AWSURVEY.COM
Z14-0008
ZONING EXHIBIT A
93.196
TOWN of PROSPER
COLLIN COUNTY, TEXAS
“”
RESIDENTIAL - PD SF
Item 5c
Exhibit “B”
Statement of Intent and Purpose
The purpose of the submittal is to request Planned Development zoning in a manner that meets the
current market demand for residential development.
The proposed zoning includes development standards for the single family residential uses are described
herein. The density shall not exceed a maximum 1.6 dwelling units per acre.
Item 5c
EXHIBIT C FOR Z14-0008 Page 1 of 3
EXHIBIT C FOR Z14-0008
93.196 ACRES (GROSS)
PLANNED DEVELOPMENT STANDARDS
1.0 Planned Development District - Single Family Residential
1.1 The property shall be developed in accordance with the Single Family-15 District as outlined
in the Town of Prosper Zoning Ordinance 05-20, as it exists or may be amended, unless
identified below.
1.2 Development Pattern: The property shall generally develop in accordance with Exhibit D,
Zoning Exhibit.
1.3 Density: The maximum density shall be 1.6 dwelling units per acre, based on the gross
acreage.
1.4 Setbacks
a. Lots identified as minimum 25,000 square foot on Exhibit D shall comply with the
following setbacks:
1. Minimum Front Yard: Thirty five (35) Feet
2. Minimum Side Yard: Twelve (12) feet; fifteen (15) feet on corner adjacent to side
street.
3. Minimum Rear Yard: Twenty five (25) feet
b. Lots identified as minimum 15,000 square foot on Exhibit D shall comply with the
following setbacks:
1. Minimum Front Yard: Thirty five (35) Feet
2. Minimum Side Yard: Ten (10) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard: Twenty five (25) feet
c. Lots identified as minimum 12,500 square foot on Exhibit D shall comply with the
following setbacks:
1. Minimum Front Yard: Thirty (30) Feet
2. Minimum Side Yard: Eight (8) feet; fifteen (15) feet on corner adjacent to side street.
3. Minimum Rear Yard: Twenty five (25) feet
1.5 Lot Area
a. Lots identified as minimum 25,000 square foot on Exhibit D shall be a minimum of
twenty five thousand (25,000) square feet.
b. Lots identified as minimum 15,000 square foot on Exhibit D shall be a minimum of fifteen
thousand (15,000) square feet.
c. A maximum of 30% of the lots identified as minimum 12,500 square foot on Exhibit D
shall be a minimum of twelve thousand five hundred (12,500) square feet, and the
remaining lots shall be a minimum of thirteen thousand (13,000) square feet.
Item 5c
EXHIBIT C FOR Z14-0008 Page 2 of 3
1.6 Minimum Lot Width at Front Building Line:
a. Lots identified as minimum 25,000 square foot on Exhibit D shall have a minimum lot
width at front building line of one hundred and thirty (130) feet.
b. Lots identified as minimum 15,000 square foot on Exhibit D shall have a minimum lot
width at front building line of one hundred (100) feet.
c. A maximum of 30% of the lots identified as minimum 12,500 square foot on Exhibit D
shall have a minimum lot width at front building line of eighty (80) feet, and the remaining
lots shall have a minimum lot width at front building line of one hundred (100) feet.
1.7 Minimum Lot Depth:
a. Minimum lot depth for all lots is 135 feet.
1.8 Minimum Dwelling Area: 3,000 square feet.
1.9 The maximum impervious surface shall be 50% of the area between the street and the main
building.
1.10 Plan elevations shall alternate at a minimum of every four (4) homes on the same side of a
street and every three (3) homes on opposite sides of the street.
1.11 Required Parking: Carports shall be prohibited. Boats, motor homes and trailers shall be
behind the front setback line and screened from public right-of-way view.
1.12 Privacy fences on single family residential lots shall be located ten (10) feet behind the front
elevation of the main building and shall not exceed eight (8) feet in height above grade. All
fencing located on single family residential lots adjacent to open space shall consist of
ornamental metal (wrought iron or decorative tubular steel). All wood fencing shall consist of
cedar, board on board with a top rail, and comply with the Town’s fencing standards as they
exist or may be amended. A common wood fence stain color shall be established for the
development.
a. Ornamental metal fencing shall be required on all lots adjacent to Highland Meadows and
Whispering Meadows.
1.13 All required detention areas shall be provided for in a wet detention pond (constant water
level) with a fountain.
1.14 All homes shall provide an exterior lighting package to illuminate front entrances, landscaping
and trees located in the front yard and garages.
1.15 A minimum 20-foot wide landscape buffer shall be provided adjacent to Prosper Trail. The
landscape buffer shall be located in a private “non-buildable” lot that is owned and maintained
by the HOA. All planting, screening walls, and design elements shall comply with the Town’s
Subdivision Ordinance as existing or amended.
Item 5c
EXHIBIT C FOR Z14-0008 Page 3 of 3
1.16 A minimum of 10% of the homes shall have swing in garages.
2.0 General Conditions
2.1 Homeowners Association. Each lot shall be a member of the Falls at Prosper Homeowner's
Association.
Item 5c
PROSPER TRAIL - 100' ROW
MINIMUM 15,000S.F. LOTS
GGG
COIT RD.WATERTOWERDETENTIONDETENTIONMINIMUM 25,000 S.F. LOTS
MINIMUM 12,500S.F. LOTS
30' WIDE TRAIL ESMT.MINIMUM 12,500S.F. LOTS MINIMUM 12,500S.F. LOTS
100' WIDE TPE POWELINE EASEMENTMINIMUM 25,000 S.F. LOTS
MINIM
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GRAPHIC SCALE
( IN FEET )
1 inch = ft.100
Case No. - Z2014-0008THE FALLS of PROSPERNW CORNER PROSPER TRAILAND COIT ROADZONING EXHIBIT D93.196 ACRESELISHA CHAMBERS SURVEY ABSTRACT 179TOWN of PROSPERCOLLIN COUNTY, TEXASAugust 05, 2014
TEXAS DEVELOPMENT SERVICES
906 W. McDERMOTT DRIVE
SUITE 196-296
ALLEN, TX 75013
469-853-6538
TX FRIM NO. 12790
C-00 DERETSIGE
R REENIGNELANOISS
E
FORP SAX
ETFOETATSA & W SURVEYORS, INC.
P.O. BOX 870029, MESQUITE, TX.
75187 PHONE: (972) 681-4975 FAX:
(972) 681-4954
WWW.AWSURVEY.COM
Z14-0008
ZONING EXHIBIT D
93.136 ACRES
TOWN of PROSPER
COLLIN COUNTY, TEXAS
“”
Item 5c
Exhibit “E”
Development Schedule
The project intends to begin construction in fiscal year 2015 in two phases with the final phase planned
construction completed in fiscal year 2018.
Item 5c
Page 1 of 1
To: Mayor and Town Council
From: Bill Elliott, CBO, MCP, LEED AP
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Consider and act upon an ordinance amending Section 10.02.002 "Definitions" of Article 10.02
“Capital Improvements and Impact Fees” of Chapter 10 "Subdivision Regulation" of the Town’s
Code of Ordinances by amending the definition of “New development” to exclude temporary
modular buildings from the payment of roadway impact fees.
Description of Agenda Item:
At the August 12, 2014, Town Council meeting, Town staff discussed the results of a recently
conducted survey of ten Texas cities to inquire whether or not their cities charged a roadway
impact fee for temporary modular buildings. The results of the survey showed that none of the
ten cities surveyed charged a roadway impact fee for temporary modular buildings. As
discussed, staff is proposing to amend the current impact fee ordinance to exclude temporary
modular buildings from the payment of roadway impact fees. If adopted, the effective date of
the proposed ordinance will be October 1, 2013.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and
legality.
Attached Documents:
1. Ordinance
2. Survey Results of the ten Texas cities
Town Staff Recommendation:
Town staff recommends that the Town Council approve an ordinance amending Section
10.02.002 "Definitions" of Article 10.02 “Capital Improvements and Impact Fees” of Chapter 10
"Subdivision Regulation" of the Town’s Code of Ordinances by amending the definition of new
development to exclude temporary modular buildings from the payment of roadway impact fees.
Proposed Motion:
I move to approve an ordinance amending Section 10.02.002 "Definitions" of Article 10.02
“Capital Improvements and Impact Fees” of Chapter 10 "Subdivision Regulation" of the Town’s
Code of Ordinances by amending the definition of new development to exclude temporary
modular buildings from the payment of roadway impact fees.
Prosper is a place where everyone matters.
BUILDING INSPECTIONS
Item 5d
TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 10.02.002, “DEFINITIONS,” OF ARTICLE
10.02, “CAPITAL IMPROVEMENTS AND IMPACT FEES,” OF CHAPTER 10,
“SUBDIVISION REGULATION,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY AMENDING THE DEFINITION OF “NEW
DEVELOPMENT” TO EXCLUDE TEMPORARY MODULAR BUILDINGS FROM
THE PAYMENT OF ROADWAY IMPACT FEES; MAKING FINDINGS
RELATED THERETO; PROVIDING REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, it is the desire of the Town Council to ensure that water, wastewater and
roadway impact fees are collected for all “new development” in the Town, as said term is
defined in the Town’s impact fee ordinance, contained in Article 10.02, “Capital Improvements
and Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the
Town of Prosper, Texas, as amended; and
WHEREAS, Chapter 395 of the Texas Local Government Code, which chapter governs
impact fees in Texas, specifically provides in Section 395.001(1) that capital improvements “that
have a life expectancy of three or more years may be subject to the charge or assessment of
impact fees; and
WHEREAS, the Town Council has determined that temporary modular buildings, which
usually have a life expectancy of three years or less, should be excluded from the collection of
roadway impact fees since, by definition, the buildings are temporary, are not designed for long -
term occupancy, and further, upon the construction of a permanent building, roadway impact
fees will be collected by the Town, pursuant to Article 10.02, “Capital Improvements and Impact
Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town of
Prosper, Texas, as amended; and
WHEREAS, the Town Council has determined that an ordinance exempting temporary
modular buildings from the payment of roadway impact fees will promote the public health,
safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, the definition of “”new development,”
contained in Section 10.02.002, “Definitions,” of Article 10.02, “Capital Improvements and
Impact Fees,” of Chapter 10, “Subdivision Regulation,” of the Code of Ordinances of the Town
of Prosper, Texas, is hereby amended by adding a new provision thereto, said definition of “new
development” to read as follows:
Item 5d
Ordinance No. 14-__, Page 2
“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, 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 hereto. Installation of a larger water meter will constitute new development.
Notwithstanding, roadway impact fees shall not be collected for any temporary modular building
which is scheduled to be replaced with a permanent building.”
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 4
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. The Town 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 5
Any roadway impact fees paid by any person, firm, corporation, or business entity after
October 1, 2013, for a temporary modular building, as referenced in this Ordinance, shall be
reimbursed in full for the roadway impact fees paid to the Town.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF AUGUST, 2014.
___________________________________
Ray Smith, Mayor
Item 5d
Ordinance No. 14-__, Page 3
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5d
Item 5d
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager to execute an application to
the Texas Parks & Wildlife Small Community Park Grant for Cockrell Park.
Description of Agenda Item:
The Texas Parks & Wildlife Local Park Grant Program consists of five individual programs that
assist local government with the acquisition and/or development of public recreation areas and
facilities throughout the State of Texas. One of the five programs is the Small Community Park
Grant which can award eligible communities up to $75,000. To be eligible, a community must
have a population less than 20,000. The Small Community Park Grant provides a 50%
matching grant on a reimbursement basis to eligible applicants, and are awarded based on a
Project Priority Scoring System. Based on the information Texas Parks & Wildlife has provided,
the most eligible projects are the proposed future improvements to Cockrell Park, specifically
the pavilion, plaza improvements, drinking fountain and site furnishings around the existing
playground shared with Cockrell Elementary. The construction drawings for these
improvements have already been completed with the overall Cockrell Park Improvements
project. If approved, the Town would receive notice in March 2015 and have until September
2017 to construct the awarded improvements.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and
legality.
Budget Impact:
The requested amount from the Texas Parks & Wildlife Small Community Park Grant is
$75,000. Park Dedication Funds could be utilized to match the Texas Parks & Wildlife funds.
Attached Documents:
1. Resolution
2. Concept Plan
Parks & Recreation Board Recommendation:
At their August 15, 2014 meeting, the Parks & Recreation Board recommended the Town
Council consider and act upon a resolution authorizing the Town Manager to execute an
application to the Texas Parks & Wildlife Small Community Park Grant for Cockrell Park, by a
vote of 5-0.
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 5e
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution authorizing the Town
Manager to execute an application to the Texas Parks & Wildlife Small Community Park Grant
for Cockrell Park.
Proposed Motion:
I move to approve a resolution authorizing the Town Manager to execute an application to the
Texas Parks & Wildlife Small Community Park Grant Program for Cockrell Park.
Item 5e
TOWN OF PROSPER, TEXAS RESOLUTION NO. 14-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ACT ON BEHALF OF THE
TOWN OF PROSPER RELATIVE TO ANY APPLICATIONS FOR GRANTS OR
OTHER ASSISTANCE FROM THE TEXAS PARKS & WILDLIFE
DEPARTMENT; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town of Prosper, Texas (“Applicant”), is fully eligible to receive
assistance from the Texas Parks & Wildlife Department (“Department”) for the purpose of
participating in the Local Park Grant Program (“Program”) administered by the Department; and
WHEREAS, the Town, as Applicant, is desirous of authorizing an official to represent
and act for the Town in dealing with the Department concerning the Program; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of Prosper to authorize the Town Manager to
act on behalf of the Town, as Applicant, in dealing with the Department concerning the Program.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully
set forth herein.
SECTION 2
The Town, as Applicant, hereby certifies that (i) it is eligible to receive assistance under
the Program, and that notice of the application has been posted according to the Town’s public
hearing requirements; and (ii) the matching share for this application is readily available at this
time.
SECTION 3
The Town, as Applicant, hereby authorizes and directs the Town Manager to act for the
Town in dealing with the Department for the purposes of the Program, and the Town Manager is
hereby officially designated as the Town representative in this regard.
SECTION 4
The Town, as Applicant, hereby specifically authorizes the Town Manager to make
application to the Department concerning the site known as Cockrell Park in the Town of
Prosper for use as a park site and said site is dedicated for public park and recreation purposes
in perpetuity; and further, the Town acknowledges that projects funded with federal monies may
have differing requirements.
Item 5e
Resolution No. 14-__, Page 2
SECTION 5
This Resolution shall take effect and be in full force from and after its passage, as
provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the
Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 26TH DAY OF AUGUST, 2014.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Item 5e
Item 5e
Eligible Grant Improvements•Pavilion•Plaza Area improvements (pavement)Plaza Area improvements (pavement)•Picnic Stations•Picnic Tables•BenchesD i ki F t i•Drinking Fountain•No landscaping or hike and bike trail until future developmentu t utu e de e op e tItem 5e
Item 5e
Page 1 of 1
To: Mayor and Town Council
From: Kent Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Conduct a Public Hearing to consider and discuss the FY 2014-2015 Budget, as proposed.
Description of Agenda Item:
According to Local Government Code Chapter 102 and the Town Charter, the Town must hold a
Public Hearing on the proposed budget.
Attached Documents:
N/A – The FY 2014-2015 Proposed Budget was submitted as part of the August 12, 2014, Town
Council agenda.
It is also available online at the Town’s website www.prospertx.gov.
Town Staff Recommendation:
Town staff recommends that the Town Council conduct a public hearing to receive feedback
from the community and provide Town staff with direction on any changes to the proposed
budget.
Other than the Public Hearing, the Town Council does not need to take action on this item.
Prosper is a place where everyone matters.
FINANCE
Item 7
Page 1 of 1
To: Mayor and Town Council
From: Kent Austin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Conduct a Public Hearing to consider and discuss a proposal to increase total tax revenues
from properties on the tax roll in the preceding tax year by 11.07 percent.
Description of Agenda Item:
According to the Property Tax Code Section 26.05(d), the Town is required to hold two public
hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate
or rollback rate, whichever is lower. The second Public Hearing is scheduled for September 9th
at the next regular Town Council meeting to comply with Truth in Taxation parameters.
Attached Documents:
1. Statement for Opening the Public Hearing
Town Staff Recommendation:
Town staff recommends that the Town Council conduct a Public Hearing to receive feedback
from the community and provide Town staff with any resulting direction. Other than the Public
Hearing, the Town Council does not need to take action on this item.
Please open the Public Hearing with the attached statement.
Prosper is a place where everyone matters.
FINANCE
Item 8
Please read the statements below prior to opening the Public Hearing:
This is the first of two public hearings to discuss the
FY 2014-2015 proposed tax rate. The second Public
Hearing will be held on
September 9, 2014, at 6:00 p.m.,
at the Prosper Municipal Chambers
located at 108 W. Broadway, Prosper, Texas.
The Town Council will vote on both the FY 2014-
2015 Proposed Budget and the proposed tax rate at a
meeting scheduled on September 23, 2014, at 6:00 p.m.,
located at the Town of Prosper Municipal Chambers at
108 W. Broadway, Prosper TX.
Once the Public Hearing is opened, the public is
encouraged to express their views.
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request to rezone 0.2± acre, located on
the north side of Broadway Street, 550± feet east of Coleman Street, from Single Family-15
(SF-15) to Downtown Office (DTO). (Z14-0012).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property Single Family-15 Single Family Residential Old Town Core District –
Office
North Single Family-15 Single Family Residential Old Town Core District –
Single Family
East
Single Family-15 Single Family Residential Old Town Core District –
Office
South
Single Family-15 Single Family Residential Old Town Core District –
Office
West
Single Family-15 Single Family Residential Old Town Core District –
Office
Requested Zoning – Z14-0012 is a request to rezone 0.2± acre, located on the north side of
Broadway Street, 550± feet east of Coleman Street, from Single Family-15 (SF-15) to
Downtown Office (DTO).
Future Land Use Plan – The Future Land Use Plan (FLUP) recommends Old Town Core District
- Office for the property. The zoning request conforms to the FLUP.
Prosper is a place where everyone matters.
PLANNING
Item 9
Page 2 of 2
Thoroughfare Plan – The property is adjacent to Broadway Street. The zoning exhibit complies
with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer service have been extended to
the property.
Access – Access to the property will be provided from Broadway Street.
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.
Legal Obligations and Review:
Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request.
Notification was provided to neighboring property owners as required by state law. Town staff
has received two public hearing notice reply forms; not in opposition to the request.
Attached Documents:
1. Zoning Exhibit A
2. Zoning map of the surrounding area
3. Future Land Use Plan - Old Town Core District Inset
4. Public Hearing notice reply form
Planning & Zoning Commission Recommendation:
At their August 5, 2014, meeting, the Planning & Zoning Commission recommended the Town
Council approve a request to rezone 0.2± acre, located on the north side of Broadway Street,
550± feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office (DTO), by
a vote of 4-0.
Town Staff Recommendation:
Town staff recommends that the Town Council approve a request to rezone 0.2± acre, located
on the north side of Broadway Street, 550± feet east of Coleman Street, from Single Family-15
(SF-15) to Downtown Office (DTO).
Proposed Motion:
I move to approve the request to rezone 0.2± acre, located on the north side of Broadway
Street, 550± feet east of Coleman Street, from Single Family-15 (SF-15) to Downtown Office
(DTO).
Item 9
PLOTTED BY:Esquivel, Seth ON: Thursday, July 31, 2014 AT: 2:36 PM FILEPATH: G:\Production500\001500\B001540\Design\001\Drawings\Exhibits\14-0717 Straight Zoning Request\Exhibit A.dwg
EXHIBIT A
BRYANTS #1 SUBDIVISION
BLOCK 10, LOTS 9 & 10B
DESIGNED: DUNAWAY
DRAWN: DUNAWAY
CHECKED: DUNAWAY
DATE:
JULY 21, 2014 SHEET 1
0 30 60
SCALE: 1"= 30 ft.
VICINITY MAP
170 N. PRESTON ROAD, SUITE 10 ● PROSPER, TEXAS 75078
TEL: 469.481.6747
LEGAL DESCRIPTION
ZONING CASE: 14-0012
Item 9
E BROADWAY ST NCHURCHSTS CHURCH STE FIFTH ST
DTOPD-45
DTO
DTO
DTO
SF-15
C
DTSF
R
SF-15Z14-0012
±0 50 100
Feet
1 inch = 100 feet
Item 9
Old Town Transportation Plan
Section A: Four lane divided roadway with a landscaped median
and a landscaped parkway separating pedestrians from traffic.
This section serves as a major entrance into Old Town from the
east. No on-street parking.
Section B: Two lane divided boulevard with a large center median
containing landscaping. Wide travel lanes allow for bicycle
accommodation and a landscaped parkway separates pedestrians
from traffic. No on-street parking.
Section C: Two lane divided boulevard with a large center median
containing landscaping. On-street parallel parking is permitted and
a landscaped parkway separates pedestrians from traffic.
Section D: Two lane undivided urban roadway. Wide 20’ sidewalks
accommodate patio seating, pedestrian traffic and street trees.
On-street angled parking is permitted and bulb-outs are located at
intersections to enhance pedestrian visibility at crosswalks.
Section E: Two lane undivided roadway with on-street parallel
parking and an immediately adjacent 8’ sidewalk. A large private
setback of 25’ is included.
Section F: Two lane undivided roadway with on-street parallel
parking and a 15’ sidewalk. 10’ of the sidewalk will be located
within the right-of-way and the additional 5 feet will be a 5’
setback to building face.
Section G: Two lane divided roadway with a center median
containing landscaping. On-street parallel parking and a 10’
sidewalk are included.
Land Use
The predominant land use within Old Town will be single-family
residential. All infill development within such areas should conform to the
architectural guidelines established for the Old Town district. Such
guidelines are created to protect the continuity of look and feel within Old
Town.
Along Broadway and First Street, single-family uses will gradually
transition to boutique, cottage-style office and/or specialty retail uses.
Broadway west of Coleman, will be the retail core of the downtown.
Shops, restaurants, and small office uses may be located within the main
street retail area. This area is intended to be the heart and main activity
center of the Old Town Area. As redevelopment occurs, building
frontages should be brought to the property line to be consistent with
ultimate streetscape improvements.
Adjacent to the retail core, a mixed-use district incorporating mixed use
lofts/apartments will serve as a buffer between the Business Park and the
core of Old Town. This area will also provide rooftops that service
adjacent retail establishments.
The Green space area will serve as a community park and its location
adjacent to the retail core of Old Town and the mixed-use district will
make it an opportunistic and useable open space area.
Niche retail is recommended along Preston Road and at the northern end
of Coleman. Retail development within these areas should fit within the
architectural framework of the Old Town area. Setbacks should be
reduced, when possible, along Coleman and Broadway to frame the
roadways.
Item 9
Item 9
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Leslie Scott, Library Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Library Services Department update.
Description of Agenda Item:
In the past three months, the Prosper Community Library has been involved in the following:
Increased Awareness:
o Centennial Celebration – distributed hours on book marks and had Guest Story Time
readers at library tent
o Movies in the Park – distributed summer program information
o Website updated often with links created
o Prosper Community Library Facebook with 300 likes in under 3 months
o Promotional Articles in Prosper Press
o Promotional Articles in Live and Prosper Magazine
o Publish weekly column “Off the Shelf” for Prosper Press promoting library, events,
information and literacy
o Communication and relationship built with Mr. Bradley regarding shared space
o Communication and relationship built with Chief McHone regarding library security
o Represented Prosper Community Library at Collin County Commissioners grant budget
meeting in McKinney
Implementing Plans and Policies:
o Long-Range Plan completed – typically takes a committee a year to formulate; took us
one month
o Long-Range Plan approved by Library Board to maintain accreditation
o Library Board By-Laws edited and approved
o Library Card application updated
o Library information pamphlet updated
o Created volunteer protocol
o Enacted Photo Release protocol
o Additional policies being created and edited to address issues
LIBRARY
Prosper is a place where everyone matters.
Item 10
Page 2 of 2
Increased Programs:
o ABC Mouse – children’s interactive learning database added
o Ancestry.com – subscription database added
o TexShare database – 76 databases added
o Created Summer Program:
Story Time each week
Summer Reading Challenge 253 logs picked up
Prizes – yard sign, trophy, certificate, FC Dallas, Whataburger, Papa
Murphys, and Cherry Berry
Thursday Programs: Water Safety and bubbles, Garden day, Yoga day, PJs
movie and night light, Fire Department and Police Department
Grand Finale – 88 kids/55 adults – crafts, face paint, and Police Department
completed 54 kid prints
Total participation this summer: Story Time 232 children/170 adults
Programs 229 children/150 adults
Combined totals: 461 children/320 adults all in 8 weeks time
Training and Resources:
o Attended the ALA conference for 4 days – immense amount of information and ideas
brought back
o Integrated Library System quotes, comparing, and considering to migrate away from
utilizing Prosper ISD’s ILS
o Large amount of purchases – program supplies, story time supplies, shelving supplies,
display supplies, office equipment, children’s tables, program prizes, furniture
o Five summer volunteers and one summer Library Science Masters student practicum –
community is looking for opportunities to volunteer
o Created relationships and learned software of new vendors such as Ingram, Overdrive,
Demco, Abdo, Smart Apple
o Library monthly staff meetings began
o Continue to accommodate tutoring and meetings
Upcoming events and duties:
Story Time new location at Lighthouse Fellowship Church
o Outreach to community – Fire Station, Whispering Farms, Cotton Gin, Dental Day, etc.
Additional evening Story Time
Creating monthly library event calendar
Monthly one weekend family/children’s program
Monthly family game night
Create monthly young adult program with Money Smart program in the winter
Create monthly adult program
Implement interlibrary loan when new ILS is proven
Participate in Community Picnic
Participate in Prosper Homecoming Parade
Participate in Corey Ausenbaugh Run
Participate in Christmas Festival
Continue to work with Parks to promote each other’s events
Correcting all cataloging and spine labels
Town Staff Recommendation:
Town staff is requesting the Town Council provide feedback on the Library Services Department
updates provided.
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Paul Naughton, RLA, Landscape Architect
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – August 26, 2014
Agenda Item:
Consider and act upon awarding Bid No. 2014-57-B to Jay Davis Company, Inc., dba JDC
Construction, related to the construction services for the Southwest Corner Frontier Park Batting
Cages; and authorizing the Town Manager to execute same.
Description of Agenda Item:
On July 31, 2014, at 2:00 p.m., three bids were opened for the Southwest Corner Frontier Park
Batting Cages project. After evaluating the bids, Town staff recommends removing Item 4 from the
base bid. Item 4 is to provide power and electrical outlets to the south end of each batting cage.
Town staff has determined it would be more cost effective to obtain competitive quotes for this
work separately.
The verified totals from the bidders, excluding Item 4, ranged between $83,000 and $131,049. It
was determined that JDC Construction was the lowest bidder at $83,000.
Budget Impact:
Base Bid $ 83,000
Total Contract Amount $ 83,000
Contingency $ 17,000
TOTAL Proposed Budget $100,000
The total cost of the construction contract is $83,000. The proposed budget for the batting cage
project is $100,000 which includes a $17,000 contingency. The $100,000 proposed budget will be
funded from the Park Dedication Fee Fund. At the August 12, 2014, Town Council meeting, a CIP
amendment was approved to increase in the budget from $440,000 to $540,000 from the Park
Dedication Fee Fund for this project.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard agreement as to form
and legality.
Attached Documents:
1. Bid Tabulation Summary
2. Construction Agreement
3. Location Map
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 11
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council approve the award of Bid No. 2014-57-B to Jay
Davis Company, Inc., dba JDC Construction, related to the construction services for the Southwest
Corner Frontier Park Batting Cages, in the amount of $83,000; and authorize the Town Manager to
execute same.
Proposed Motion:
I move to approve the award of Bid No. 2014-57-B to Jay Davis Company, Inc., dba JDC
Construction, related to the construction services for the Southwest Corner Frontier Park Batting
Cages, in the amount of $83,000; and authorize the Town Manager to execute same.
Item 11
Town of Prosper
Bid Tabulation - Revised
Bid No: 2014-57-B Southwest Corner Frontier Park Batting Cages
Bid Opening: 7/31/14 at 2:00 PM
Base Bid
JDC Construction $ 83,000.00
SFCC, Inc. $ 92,657.00
Wall Enterprises $ 131,049.00
Certified By: January M. Cook, CPPO, CPPB Date: August 5, 2014
Purchasing Agent
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the
bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any
indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the
responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and
project documents, including but not limited to the project specifications and contract documents. The agency will notify the
successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available
for inspection at that time.
Attachment 1Item 11
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
SOUTHWEST CORNER
FRONTIER PARK
BATTING CAGES
BID NO. 2014-57-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Meigs Miller, Mayor Pro-Tem
Kenneth Duggar, Deputy Mayor Pro-Tem
Michael Korbuly, Place 1
Curry Vogelsang Jr., Place 3
Danny Wilson, Place 5
Jason Dixon, Place 6
Harlan Jefferson, Town Manager
CONSULTANT
Williams Design Group
Todd Williams, President
101 West Louisiana Street Suite 203
McKinney, Texas 75069
P: (469) 406-9431
E: twilliams@wdgroupinc.com
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PAGE 1
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 1
LEGAL NOTICE .............................................................................................................. 2
INSTRUCTIONS TO BIDDERS....................................................................................... 3
BID PROPOSAL FORM .................................................................................................. 4
BID BOND ....................................................................................................................... 9
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 11
CONSTRUCTION AGREEMENT .................................................................................. 12
PERFORMANCE BOND ............................................................................................... 25
PAYMENT BOND.......................................................................................................... 28
MAINTENANCE BOND ................................................................................................. 31
SPECIAL CONDITIONS ................................................................................................ 34
GENERAL CONDITIONS .............................................................................................. 35
FENCE NOTES……………………………………………………………………………………….. 52
SPECIFICATIONS………………………………………………………………………… ATTACHED
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LEGAL NOTICE
The Town of Prosper is accepting sealed bids for Southwest Corner Frontier Park Batting
Cages, Bid No. 2014-57-B. Bids will be accepted until 2:00 p.m. on Thursday, July 31, 2014
at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this
time will not be accepted, and will be returned unopened. Bids will be publicly opened and read
aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this
time.
The Project consists of furnishing all labor, equipment and materials (except as otherwise
specified), and performing all work necessary for the construction of the practice field area and
associated appurtenances detailed in the construction plans and specifications. The practice
fields project area is located in the southwest corner of the existing Frontier Park, Prosper.
Each bid submitted shall be accompanied by a cashier's check in the amount of five percent
(5%) of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid
Bond in the same amount from a reliable surety company as a guarantee that, if awarded the
contract, the Bidder will execute a Construction Agreement with the Town, including all required
bonds and other documents.
The successful bidder shall furnish performance and payment bonds in the amount of 100%
of the contract amount as well as evidence of all required insurance coverage within ten
(10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance
Bond in the amount of 10% of the contract sum covering defects of material and workmanship
for two calendar years following the Town's approval and acceptance of the construction. An
approved surety company, licensed in the State of Texas, shall issue all bonds in accordance
with Texas law.
Copies of Plans, Specifications, and Contract Documents may be examined at Minuteman
Press, 1502 West University Dr. #105, McKinney, TX 75069, (972) 547-6000 without charge.
These documents may be acquired from that office for the non-refundable purchase price of
$50.00 per set, payable to Minuteman Press. Copies of Plans, Specifications, and Contract
Documents may also be downloaded free of charge from Current Bidding Opportunities, at the
following link: http://www.prospertx.gov/Purchasing.aspx.
Questions and requests for clarifications in regards to this bid should be emailed directly to
January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. July 24,
2014, at 12:00 p.m. will be the deadline for receipt of questions and requests for clarifications.
After that day and time, no further questions or requests for clarifications will be accepted or
answered by the Engineer or Town.
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INSTRUCTIONS TO BIDDERS
1.Submittal Deadline: Bids will be accepted until . 2:00 p.m. on Thursday, July 31, 2014
2.Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper,
Texas 75078.
3. Submittal Requirements: Each Bidder shall submit three (3) copies of their bid, along with
their bid security and Out of State Contractor Compliance (if necessary), in a sealed
envelope clearly marked with their name and Bid No. 2014-57-B, Southwest Corner
Frontier Park Batting Cages.
4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S.
Main St., Prosper, Texas 75078 immediately following the bid deadline.
5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be
purchased at the following location:
Minuteman Press
Contact: Lynn Lo
1502 West University Dr. #105
McKinney, TX 75069
(972) 547-6000
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/Purchasing.aspx
6. Requests for Clarification: All formal inquiries and requests for clarification should be made
to the Town of Prosper Purchasing Agent no later than July 24, 2014, at 12:00 p.m.
Town of Prosper Purchasing Department
Attn: January Cook, CPPO, CPPB, Purchasing Agent
Town Hall Annex
151 S. Main St.
Prosper, Texas 75078
Phone: 972.569.1018
january_cook@prospertx.gov
7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the
Town of Prosper will issue an addendum containing the necessary information. It is the
intent of the Town that any addenda will be issued no later than three (3) business days
prior to the bid deadline.
8. Pre-Bid Meeting: N/A
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CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Jay Davis
Company, Inc., dba JDC Construction (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment, agreements
and conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
BID NO. 2014-57-B
in the Town of Prosper, Texas, and all extra work in connection therewith, under the
terms as stated in the terms of this Contract, including all Contract Documents
incorporated herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and
services necessary to complete the said construction in accordance with all the
Contract Documents, incorporated herein as if written word for word, and in
accordance with the Plans, which include all maps, plats, blueprints, and other
drawings and printed or written explanatory manner therefore, and the Specifications
as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has
been identified by the endorsement of the Contractor's written proposal, the General
Conditions of this Contract, the Special Conditions of this Contract, the payment,
performance, and maintenance bonds hereto attached; all of which are made a part
hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
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9. the Contractor’s Bid Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other bid materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction
Agreement as if set out here in their entirety. The Contract Documents are intended to be
complementary; what is called for by one document shall be as binding as if called for by all
Contract Documents. It is specifically provided, however, that in the event of any inconsistency
in the Contract Documents, the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed herein above. If, however, there exists
a conflict or inconsistency between the Technical Specifications and the Construction Drawings
it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor
fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions
prior to any work on that component of the project, the Contractor shall be solely responsible for
the costs and expenses - including additional time - necessary to cure, repair and/or correct
that component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner
shall pay the Contractor in current funds an amount not to exceed Eighty-Three
Thousand Dollars and Zero Cents ($83,000.00). This amount is subject to adjustment by
change order in accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 30 calendar days after the date of the Notice
to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered
“calendar days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH
MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
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DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR,
OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY
OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS,
INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH
CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING
TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS
CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE
DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH
CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS,
CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY,
LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN
COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF
PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)
OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE
OF THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF
THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL
NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF
DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR
ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice
from the Owner that it is invoking its right to indemnification under this Construction Agreement.
If Contractor does not retain counsel for the Owner within the required time, then the Owner
shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and
expenses.
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The Owner retains the right to provide and pay for any or all costs of defending
indemnified items, but it shall not be required to do so. To the extent that Owner elects to
provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such
costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151
of the Texas Insurance Code as it falls within one of the exclusions contained in Section
151.105 of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies
approved by the State of Texas and acceptable to the Town of Prosper. The
Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of
insurance executed by the insurer or its authorized agent stating the type of
coverages, limits of each such coverage, expiration dates and compliance with
all applicable required provisions. Certificates shall reference the project/contract
number and be addressed as follows:
Southwest Corner Frontier Park Batting Cages
Bid No. 2014-57-B
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence,
$1,000,000 Products/Completed Operations Aggregate and $2,000,000
general aggregate. If high risk or dangerous activities are included in the
Work, explosion, collapse and underground (XCU) coverage is also
required. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a
per policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required
may be satisfied by any combination of primary, excess or umbrella
liability insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
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2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by
using endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a
financial rating of “A” or better as assigned by the A.M. BEST Company or
equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors,
subcontractors, leasing companies, motor carriers, owner-operators, employees
of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling,
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or delivering equipment or materials, or providing labor, transportation, or other
service related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of
portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the Contractor providing services on the project,
for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
6. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
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statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of
the project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
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contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid
price. The period of the Maintenance Bond shall be two years from the date of
acceptance of all work done under the contract, to cover the guarantee as set forth in
this Construction Agreement. The performance, payment and maintenance bonds shall be
issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other
performance, payment and maintenance bond forms shall not be accepted. Among other things,
these bonds shall apply to any work performed during the two-year warranty period after
acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate
surety, acceptable to and approved by the Town, authorized to do business in the State of
Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall
supply capital and surplus information concerning the surety and reinsurance information
concerning the performance, payment and maintenance bonds upon Town request. In addition
to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand
Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on
obligations permitted or required under federal law as indicated by publication of the surety’s
name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise
acceptable surety company (not qualified on federal obligations) that is authorized and admitted
to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One
Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a
reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated
by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department
Circular 570.
H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments
from the Owner. Progress payments shall be made by the Owner based on the Owner's
estimate of the value of the Work properly completed by the Contractor since the time the last
progress payment was made. The "estimate of the value of the work properly completed" shall
include the net invoice value of acceptable, non-perishable materials actually delivered to and
currently at the job site only if the Contractor provides to the Owner satisfactory evidence that
material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
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Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30)
calendar days unless the Owner determines that more frequent payments are appropriate.
Further, progress payments are to be based on estimates and these estimates are subject to
correction through the adjustment of subsequent progress payments and the final payment to
Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then
Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within
thirty (30) calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at ten percent (10%). Retainage
shall be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to
pay replacement or substitute contractors to complete unfinished or defective
work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is
entitled to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
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Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in
the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be
accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for
any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a
certificate of occupancy for all or any part of the Work shall not constitute a Notice of
Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the
Work. If the Owner determines that the Work has not been completed in accordance with the
Contract Documents or TPDES General Construction Permit, then it shall provide the
Contractor with a verbal or written list of items to be completed before another final inspection
shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of
the most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to
the Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 22
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has
satisfied its obligation to administer the Construction Agreement in accordance with applicable
law. The following documents shall, at a minimum, be required to be submitted prior to final
payment being due: redline as-built construction plans; consent of surety to final payment;
public infrastructure inventory; affidavit of value for public infrastructure; and, final change
order(s). “Redline as-built construction plans” shall include, but are not limited to markups for
change orders, field revisions, and quantity overruns as applicable. The list of documents
contained in this provision is not an exhaustive and exclusive list for every project performed
pursuant to these Contract Documents and Contractor shall provide such other and further
documents as may be requested and required by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance.
This provision shall apply only after all Work called for by the Contract Documents has been
accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
necessary to correct all defects in the Work arising because of defective materials or
workmanship supplied or provided by Contractor or any subcontractor. This shall also include
areas of vegetation that did meet TPDES General Construction Permit during final close out but
have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall
mail to the Contractor a written notice that specifies the defects in the Work that are to be
corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after
receiving the written notice from the Town. If the Contractor does not begin the remedial work
timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to
effect repairs and these expenses shall be paid by the Contractor, the performance bond surety,
or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
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SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 23
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to
ensure that Work performed during the warranty period is performed with required insurance
and the performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors
performing any portion of the Work required under the Contract Documents comply with all
applicable federal, state, county, and municipal laws, regulations, and rules that relate in any
way to the performance and completion of the Work. This provision applies whether or not a
legal requirement is described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land
surveyor, or other professional to provide professional services, if any, that are required by the
Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make
such selection on the basis of demonstrated competence and qualifications to perform the
services in the manner provided by Section 2254.004 of the Texas Government Code and shall
so certify to the Town the Contractor's agreement to comply with this provision with Contractor's
bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to
the Town.
The Construction Agreement "effective date" shall be the date on which the Town
Council acts to approve the award of the Contract for the Work to Contractor. It is expressly
provided, however, that the Town Council delegates the authority to the Town Manager or his
designee to rescind the Contract award to Contractor at any time before the Owner delivers to
the Contractor a copy of this Construction Agreement that bears the signature of the Town
Manager and Town Secretary or their authorized designees. The purpose of this provision is to
ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its
obligations under the Contract Documents.
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SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 24
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any
portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall
not be construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under
applicable law, then the Construction Agreement "effective date" shall be the date on which the
Town Manager and Town Secretary or their designees have signed the Construction
Agreement. If the Town Manager and Town Secretary sign on different dates, then the later
date shall be the effective date.
JAY DAVIS COMPANY, INC.,
DBA JDC CONSTRUCTION
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: Town Manager
Date: Date:
Address:
Phone:
Fax:
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 25
Town Secretary
PERFORMANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address
is __________________________________________________________________________,
hereinafter called Principal,and
__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of
__________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys’ fees, and
liquidated damages arising out of or connected with the below identified Contract in lawful
money of the United States, to be paid in Collin County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement,
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement, which reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto
and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
BID NO. 2014-57-B
in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements
of any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one
(1) year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 26
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
making good any default or deficiency, then this obligation shall be void; otherwise, it shall
remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract
or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc.,
accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which
shall be deemed an original, this, the ________ day of ________________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 27
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 28
PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________,
hereinafter called Principal,
and__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound
unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon the building or
improvements hereinafter referred to in the penal sum of
___________________________________ DOLLARS ($_______________) in lawful money of
the United States, to be paid in Collin County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases
the Contract price, but in no event shall a Change Order or Supplemental Agreement, which
reduces the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered
into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________
day of _________________, A.D. 20___, a copy of which is attached hereto and made a
part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
BID NO. 2014-57-B
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in the above-
referenced Contract and any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modification to the Surety is hereby expressly waived, then
this obligation shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc.,
accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 29
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Collin County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, this, the _______ day of _________________, 20___.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 30
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 31
MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
whose address is________________________________________________, hereinafter
referred to as “Principal,” and ___________________________________, a corporate
surety/sureties organized under the laws of the State of ____________ and fully licensed to
transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether
one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum
of ___________________________________ DOLLARS ($_______________) (ten
percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner,
its successors and assigns, for the payment of which sum well and truly to be made, we
bind ourselves, our successors, heirs, executors, administrators and successors and assigns,
jointly and severally; and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all
permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and
other accessories necessary for the construction of:
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
BID NO. 2014-57-B
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully
and to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee
shall determine to be necessary for the preservation of the public health, safety or welfare. If
Principal does not repair or reconstruct the improvements within the time period designated,
Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of
same under the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final
acceptance and do and perform all necessary work and repair any defective condition (it being
understood that the purpose of this section is to cover all defective conditions arising by reason
of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and Owner shall have and recover from Principal
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 32
and its Surety damages in the premises as provided in the Plans and Specifications and
Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner
from and against any claim or liability for personal injury or property damage caused by
and occurring during the performance of said maintenance and repair operation.
PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall
lie in Collin County, Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the
Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same
shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be
performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident
agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on
whom service of process may be had in matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be
deemed an original, on this the _____ day of ____________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 33
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 34
SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or
requirements particular to this Contract:
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
BID NO. 2014-57-B
The Special Conditions supplement the General Conditions and the Standard
Specifications and take precedence over any conditions or requirements of the
General Conditions and the Standard Specifications with which they are in conflict.
SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their
place, shall wherever they appear in this Contract, be construed as follows, unless a
different meaning is clear from the context:
ENGINEER: The Landscape Architect of Record as shown on the Construction
Drawings: Todd Williams, RLA, Williams Design Group, 101 West Louisiana St.,
Suite 203, McKinney, Texas 75070
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PAGE 35
GENERAL CONDITIONS
GC.01 PURPOSE: The General Conditions contained herein set forth conditions or
requirements common to this Contract and all other construction contracts issued by
the Town of Prosper.
GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their
place, shall wherever they appear in this Contract, be construed as follows, unless a
different meaning is clear from the context:
CALENDAR DAY: Any days of the week or month, no days being excepted.
CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn
instruments that comprise and govern the performance of the contract as defined
by the Construction Agreement.
ENGINEER: The ENGINEER of the OWNER or his designee.
EXTRA WORK: Work required by the OWNER other than that which is expressly
or impliedly required by the Contract Documents at the time of execution of the
Contract.
HOLIDAYS: The ten official holidays observed are New Year's Day, Martin
Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas
Day. If a holiday falls on a Saturday, it shall be observed on the preceding
Friday. If a holiday falls on a Sunday, it shall be observed on the following
Monday.
OWNER: The Town of Prosper, Texas, acting through the Town Manager under
authority granted by the Town Council.
OWNER'S REPRESENTATIVE: The Executive Director of Development and
Community Services of the Town of Prosper or his designee.
SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of
the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish,
or who actually furnishes, labor and/or materials and equipment at or about the
site.
SUBSTANTIALLY COMPLETE: The condition upon which the Work has been
made suitable for use and may serve its intended purpose but may still require
minor miscellaneous work and adjustment.
WORK: All work to be performed by the CONTRACTOR under the terms of the
Contract, including the furnishing of all materials, supplies, machinery,
equipment, tools, superintendence, labor, submittals, services, insurance,
permits, certificates, licenses, and all water, light, power, fuel, transportation,
facilities, and other incidentals.
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SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 36
WRITTEN NOTICE: Notice required by the Contract shall be served
concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or
CONTRACTOR. Notice delivered by mail shall be effective on the postmark
date, notice delivered by hand shall be effective the date of delivery, and notice
delivered by facsimile or e-mail shall be effective the date of transmission,
provided that any notice served after 5 PM or on a weekend or holiday shall be
effective the following business day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a) Intent of Contract Documents: The intent of the Contract Documents is to
prescribe a complete work or improvement, which the CONTRACTOR
undertakes to do in full compliance with the plans, specifications, special
provisions, proposal and contract. The CONTRACTOR shall do all work as
provided in the plans, specifications, special provisions, proposal and contract,
and shall do such additional extra work as may be considered necessary to
complete the work in satisfactory and acceptable manner. The CONTRACTOR
shall furnish all labor, tools, materials, machinery, equipment and incidentals
necessary to the satisfactory prosecution and completion of the work.
(b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order,
measurement, or certificate by OWNER or ENGINEER, any order by the
OWNER for payment of money, any payment for or acceptance of any work, or
any extension of time, or any possession taken by the OWNER, shall not operate
as a waiver of any provisions of the Contract Documents or any power therein
reserved to the OWNER of any rights or damages therein provided. Any waiver
of any breach of contract shall not be held to be a waiver of any other
subsequent breach. The OWNER deserves the right to correct any error that
may be discovered in any estimate that may have been paid and to adjust the
same to meet the requirements of the contract and specifications. The OWNER
reserves the right to claim and recover by process of law sums as may be
sufficient to correct any error or make good any deficiency in the work resulting
from such error, dishonesty or collusion, upon the conclusive proof of collusion or
dishonesty by the CONTRACTOR or his agents and the ENGINEER or his
assistants, discovered in the work after the final payment has been made.
(c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or
ENGINEER may make such changes and alterations as the OWNER may see fit,
in the line, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompany
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages for anticipated profits on the
work that may be dispensed with. If the amount of work is increased, such
additional work shall be paid for as provided under Extra Work. In case the
OWNER shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the
OWNER shall recompense the CONTRACTOR for any material or labor so used,
Item 11
SOUTHWEST CORNER FRONTIER PARK BATTING CAGES
PAGE 37
and for any actual loss occasioned by such change, due to actual expenses
incurred in preparation for the work as originally planned.
(d) Discrepancies and Omissions: It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in
accordance with the generally accepted practice, and in the event of any
discrepancies between the separate contract documents, the priority of
interpretation defined by the Construction Agreement shall govern. In the event
that there is still any doubt as to the meaning and intent of any portion of the
contract, specifications or drawings, the ENGINEER shall define which is
intended to apply to the work.
(e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an
adequate and reasonable number of copies of all plans and specifications
without expense to him, and the CONTRACTOR shall keep one copy of the
same constantly accessible on the work, with the latest revisions noted thereon.
(f) Ownership of Drawings: All drawings, specifications and copies thereof furnished
by the OWNER shall not be reused on other work, and, with the exception of the
signed contract sets, are to be returned to him on request, at the completion of
the work. All models are the property of the OWNER.
(g) Adequacy of Design: It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that, as to the
CONTRACTOR only, the OWNER shall be responsible for the adequacy of the
design, sufficiency of the Contract Documents, and the practicability of the
operations of the completed project; provided the CONTRACTOR has complied
with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER.
The burden of proof of such compliance shall be upon the CONTRACTOR to
show that he has complied with the said requirements of the Contract
Documents, approved modifications thereof and all approved additions and
alterations thereto.
(h) Line and Grade: The ENGINEER will furnish control benchmarks for the
construction of the Work. The CONTRACTOR shall use the control benchmarks
and data shown on the drawings. No construction staking will be provided by the
ENGINEER or owner for this project. Any restaking, and all construction staking,
required shall be at the sole cost of the CONTRACTOR.
(i) Right of Way and Easements: The OWNER will obtain all necessary right of
ways and easements required for the completion of the Work. No work shall be
undertaken on nor shall men, tools, equipment, or other supplies occupy any
ground outside right of ways and easements. If Contractor wants to work outside
right of ways and easements and is able to make an agreement with the Property
Owner, then the agreement should be documented and signed by the Property
Owner and CONTRACTOR with a copy submitted to the OWNER before work off
the easement commences.
The OWNER will obtain permits and/or license agreements necessary for work to
be performed on right of ways or easements owned by other agencies including,
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but not limited to, the Texas Departments of Transportation, North Texas Tollway
Authority, BNSF Railway, and utility companies. The CONTRACTOR shall
comply with the conditions of these permits and/or license agreements as if they
were a part of the Contract Documents.
(j) Existing Utilities and Structures: The location of existing utilities shown on the
plans are based on the interpretation of the best available information and are
not warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his
own expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location
on which the works herein contracted for are to be constructed or installed, by
such agent or agents as he may elect, for the purpose of inspecting the work, or
for the purpose of constructing or installing such collateral work as said OWNER
may desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work
specifically excluded from this contract, in such manner as not to delay the
progress of the work or damage said CONTRACTOR, except where such delays
are specifically mentioned elsewhere in the Contract Documents.
(m) Objections and Determinations: The ENGINEER shall determine all claims
disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the work or the interpretation of
the Contract Documents. The ENGINEER'S decision shall be rendered in writing
within a reasonable time and shall be binding.
(n) Owner-Engineer Relationship: The duties, responsibilities and limitations of
authority of the ENGINEER during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the
OWNER and ENGINEER. The ENGINEER will advise and consult with the
OWNER, and OWNER'S instructions to the CONTRACTOR may be issued
through the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a) Contractor Independence: The CONTRACTOR is and at all times shall remain an
independent contractor, solely responsible for the manner and method of
completing his work under this contract, with full power and authority to select the
means, method and manner of performing such work, so long as such methods
do not adversely affect the completed improvements, the OWNER and
ENGINEER being interested only in the result obtained and conformity of such
completed improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this
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contract and that he will not assign by Power of Attorney, or otherwise, or sublet
said contract without the written consent of the OWNER or ENGINEER, and that
no part or feature of the work will be sublet to anyone objectionable to the
ENGINEER or the OWNER. The CONTRACTOR further agrees that the
subletting of any portion or feature of the work, or materials required in the
performance of this contract, shall not relieve the CONTRACTOR from his full
obligations to the OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or
employee of the OWNER or ENGINEER, either before or after the execution of
this contact, shall affect or modify any of the terms or obligations herein
contained.
(d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety
of himself, his employees and other persons, as well as for the protection of the
safety of the improvements being erected and the property of himself or any
other person, as a result of his operations hereunder. CONTRACTOR shall be
fully and completely liable, at his own expense, for design, construction,
installation and use, or non-use, of all items and methods incident to
performance of the contract, and for all loss, damage or injury incident thereto,
either to person or property, including, without limitation, the adequacy of all
temporary supports, shoring, bracing, scaffolding, machinery or equipment,
safety precautions or devices, and similar items or devices used by him during
construction
(e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to
the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary
assistants. The superintendent shall represent the CONTRACTOR in his
absence and all directions given to him shall be as binding as if given to the
CONTRACTOR.
(f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this
contract, to do the work; and agrees that whenever the OWNER or ENGINEER
shall inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from
the work and shall not again be employed on the work without the OWNER’S or
ENGINEER'S written consent.
(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
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to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained
by the CONTRACTOR in such manner and at such points as shall be approved
by the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or
whether OWNER has taken possession of completed portions of such work, until
the entire work is completed and accepted.
(k) Laws and Ordinances: The CONTRACTOR shall at all times observe and comply
with all Federal, State and local laws, ordinances and regulations, which in any
manner affect the Contract or the Work. If the CONTRACTOR observes that the
Contract Documents are at variance therewith, he shall promptly notify the
OWNER and ENGINEER in writing, and any necessary changes shall be
adjusted as provided in the contract for changes in the work. If the
CONTRACTOR performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the OWNER and
ENGINEER, he shall bear all costs arising therefrom.
(l) Losses from Natural Causes: Unless otherwise specified, all loss or damage to
the CONTRACTOR arising out of the nature of the work to be done, or from the
action of the elements, or from any unforeseen circumstance in the prosecution
of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the
CONTRACTOR at his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either
submit to the OWNER a duly executed full release within thirty (30) calendar
days from the date of written claim, or immediately report the claim to his liability
insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails
to comply with this provision within the stipulated time limit, it will be automatically
deemed that the CONTRACTOR has appointed the OWNER as its irrevocable
Attorney In Fact authorizing the OWNER to report the claim directly with the
CONTRACTOR’s liability insurance carrier. This provision is in and of itself a
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Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the
OWNER to take said action on behalf of the CONTRACTOR without the
necessity of the execution of any other document. If the CONTRACTOR fails to
comply with the provisions of this item, the OWNER, at its own discretion, may
terminate this contract or take any other actions it deems appropriate. Any
payment or portion thereof due the CONTRACTOR, whether it is a final payment,
progress payment, payment out of retainage or refund payment may be withheld
by the OWNER. Bankruptcy, insolvency or denial of liability by the
CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from
liability.
As a result of the additional work created to OWNER due to non-response of
claims for damages by CONTRACTOR to third parties, CONTRACTOR shall
incur penalties for failure to abide by this Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status
of the claim, including whether CONTRACTOR disputes the claim, wishes to
settle, or will notify its liability insurance carrier regarding the claim.
CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for
its failure to respond to the claimant as described above within thirty (30)
calendar days of its written notice of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied
correspondence of responses or settlement by CONTRACTOR.
(b) Protection Against Accidents to Employees and the Public: The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of
Federal, State, and Municipal safety laws and building and construction codes.
All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall
provide such machinery guards, safe walkways, ladders, bridges, gangplanks,
and other safety devices. The safety precautions actually taken and their
adequacy shall be the sole responsibility of the CONTRACTOR, acting at his
discretion as an independent contractor.
(c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to
communicate with the adjacent or adjoining property owners and protect the
adjacent or adjoining property or properties in any way encountered, which might
be injured or seriously affected by any process of construction to be undertaken
under this Agreement, from any damage or injury by reason of said process of
construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property.
(d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall
pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable
legal agreement with the patentee or owner.
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(e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to
any imminent threat to persons or property arising from or in relation to
performance of the Work. Failure to promptly correct any threat to persons or
property may result in a temporary suspension of work until such time as the
threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract,
unless otherwise herein specifically provided, that the CONTRACTOR shall be
allowed to prosecute his work in such manner as shall be most conducive to
economy of construction; provided however, that the order and the time of
prosecution shall be such that the work shall be Substantially Completed as a
whole and in part in accordance with this contract, the plans and specifications,
and within the time of completion designated in the Proposal; provided, also, that
when the OWNER is having other work done, either by contract or by his own
force, the ENGINEER may direct the time and manner of constructing the work
done under this contract, so that conflict will be avoided and the construction of
the various works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit prior to beginning work, with each pay
estimate, and at other such times as may reasonably be requested by the
OWNER or ENGINEER, schedules which shall show the order in which the
CONTRACTOR proposes to carry on the work, with dates at which the
CONTRACTOR will start the several parts of the work, and estimated dates of
completion of the several parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and
will require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c) Extension of Time: Should the CONTRACTOR be delayed in the completion of
the work by any act or neglect of the OWNER or ENGINEER, or of any employee
of either, or by other contractors employed by the OWNER, or by changes
ordered in the work, or by strikes, lockouts, fires, and unusual delays by common
carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control,
and the OWNER and ENGINEER decides such cause justifies the delay, then an
extension of time sufficient to compensate for the delay as determined by the
OWNER or ENGINEER shall be allowed for completing the work; provided,
however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt
notice in writing of the cause of such delay.
(d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of
the work embraced in this contract. In case said work shall be stopped by the act
of the OWNER, then such expense as in the judgment of the ENGINEER is
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caused by such stoppage of said work shall be paid by the OWNER to the
CONTRACTOR.
(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The
OWNER’S or ENGINEER'S approval of such drawings or schedules shall not
relieve the CONTRACTOR from responsibility for deviations from drawings or
specifications, unless he has in writing called the OWNER’S or ENGINEER'S
attention to such deviations at the time of submission, nor shall it relieve him from
responsibility for errors of any sort in shop drawings or schedules. It shall be the
CONTRACTOR'S responsibility to fully and completely review all shop drawings
to ascertain their effect on his ability to perform the required contract work in
accordance with the plans and specifications and within the contract time.
Such review by the OWNER or ENGINEER shall be for the sole purpose of
determining the sufficiency of said drawings or schedules to result in finished
improvements in conformity with the plans and specifications, and shall not
relieve the CONTRACTOR of his duty as an independent contractor as
previously set forth, it being expressly understood and agreed that the OWNER
or ENGINEER does not assume any duty to pass upon the propriety or adequacy
of such drawings or schedules, or any means or methods reflected thereby, in
relation to the safety of either person or property during CONTRACTOR'S
performance hereunder.
(b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any
road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his
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own cost and expense furnish, erect and maintain temporary traffic control
devices and shall take such other precautionary measures for the protection of
persons or property and of the Work as are necessary. A sufficient number and
arrangement of temporary traffic control devices shall be erected to keep
vehicles and persons from entering on or into any work under construction. The
CONTRACTOR's responsibility for the maintenance of barricades, signs and
lights, and for providing watchmen, shall not cease until the project has been
accepted by the Owner.
All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road,
alley, sidewalk, trail, or other public space with the OWNER or ENGINEER.
When such a closing is anticipated to have a duration longer than one (1) hour,
the CONTRACTOR shall submit a traffic control plan at least 72 hours in
advance to the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion
immediately removed and replaced by the CONTRACTOR at his cost and
expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or
prevent free access to all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the
CONTRACTOR as regards to the public convenience and safety which may
come to its attention after twenty-four (24) hours notice in writing the
CONTRACTOR, save in cases of emergency, when it shall have the right to
remedy any neglect without notice; and in either case, the cost of such work
done by the OWNER shall be deducted from monies due or to become due to
the Contractor.
(d) Testing of Materials: Testing and inspection of materials required by the
specifications shall be performed by a commercial testing laboratory selected by
the CONTRACTOR and approved by the OWNER. Except as otherwise noted,
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the costs of laboratory tests will be paid by the CONTRACTOR, including any
materials or specimens for testing. Any testing of material or workmanship
required due to failure will be paid for by the CONTRACTOR. This payment will
be made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the
materials he proposes to incorporate into the work are in accordance with the
specifications. Mill tests for reinforcing steel and cement will be acceptable if it is
definite that the test sheets apply to the material being furnished. Manufacturer's
or supplier's test results will be acceptable for such items as pipe, valves,
hydrants when it is definite that the material being furnished is in accordance with
the manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be
acceptable as long as the material is secured from the sources to which the
evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative
of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and
Shoring of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type
and to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
The CONTRACTOR shall be responsible for all costs associated with verifying
the acceptability of work completed without proper inspection, as directed by the
OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable,
the work may be ordered removed at the CONTRACTOR's expense.
(b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff
on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside
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these hours or on weekends or holidays may be subject to an inspection
overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR
is responsible for determining inspection overtime rules of other reviewing
agencies.
(c) Use of Completed Portions: The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work,
notwithstanding the time for completing the entire work or such portions may not
have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If
such prior use increases the cost of or delays the work, the CONTRACTOR shall
be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this
contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects
are noted, the CONTRACTOR shall promptly remedy such defects and repeat
this process. If the Work is found to be acceptable, the OWNER or ENGINEER
will provide written notice of Final Completion of the Work to the CONTRACTOR.
Final Completion shall
(g) Final Acceptance: Upon Final Completion, the CONTRACTOR shall submit to
the OWNER or ENGINEER such documentation as is necessary to insure that
the work has been completed, subcontractors and suppliers have been paid, any
claims received have been settled, and other documentation as required by the
OWNER or ENGINEER. If the documentation is found to be acceptable, the
OWNER or ENGINEER will issue a written notice of Final Acceptance.
GC.10 MEASUREMENT AND PAYMENT:
(a) Estimated Quantities: The quantities of each item on the bid proposal blank
represent the approximate amount of work to be done. Final quantities actually
built will be determined and paid for by actual measurements on the ground of
the final work completed. Bidders are especially notified that no incidental items
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of work will be paid for unless there appears an item in the proposal blank for
such work. It must be strictly understood that the prices bid are for complete and
acceptable work.
(b) Measurement: Quantities of individual items of work shall be based on the final,
in-place quantity of the item of work, measured or computed using the units
specified in the Proposal. Where a discrepancy in measured or computed
quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the
parties attempt to reconcile the discrepancy. If no reconciliation is possible, the
determination of the ENGINEER shall be used.
(c) Partial Payments: On or before the 25th day of each month, the CONTRACTOR
shall prepare and submit to the OWNER an application for payment showing as
completely as practicable the total value of the work done by the CONTRACTOR
up to and including the last day immediately preceding the date of such
application and the value of all sound materials delivered on the site of the work
that are to be fabricated into the work. In addition an updated construction
schedule shall be submitted in an electronic format acceptable to the OWNER.
The Contractor shall submit to the OWNER, copies of the material invoices with
the application for payment. The CONTRACTOR may submit copies of material
invoices of “Materials on Hand”. These “Materials on Hand” remain the
responsibility of the CONTRACTOR to maintain and protect until such time as
they are accepted by the OWNER. No payment will be made to the
CONTRACTOR until the quantities of work submitted have been checked and
verified by the OWNER or ENGINEER.
The OWNER or ENGINEER shall verify CONTRACTOR'S application, shall
either approve or modify the total value of the work done by CONTRACTOR and
the value of materials delivered on the site, and shall submit to OWNER such
application for payment as approved or modified with OWNER’S and/or
ENGINEER'S recommendation affixed thereto on or before the 5th day of the
month following the receipt of the application from CONTRACTOR.
The OWNER shall pay the CONTRACTOR on or before the 20th day of the
month in which the OWNER receives the approved application from the OWNER
or ENGINEER the total amount of the approved and verified application, less any
amount held for retainage or outstanding claims or defective work.
(d) Retainage: As security for faithful completion of the Work by the CONTRACTOR,
the OWNER shall retain ten percent (10%) of the total dollar amount of work
completed. Retainage shall be released upon Final Acceptance of the Work,
less any amount necessary to cover claims, defective work, liquidated damages,
or other sums due from the CONTRACTOR to the OWNER.
(e) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
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(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence
that a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or
other records requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
(x) or, failure of the CONTRACTOR to keep current redline as-built drawings
at the job site or to turn redline as-built drawings over to the OWNER.
GC.11 EXTRA WORK AND CLAIMS:
(a) Change Orders: Without invalidating this Agreement, the OWNER may, at any
time or from time to time, order additions, deletions or revisions to the work; such
changes will be authorized by written Change Order prepared by the OWNER for
execution by the CONTRACTOR. The Change Order shall set forth the basis for
any change in contract price, as hereinafter set forth for Extra Work, and any
change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which
has been prepared by the OWNER, the OWNER may in writing instruct the
CONTRACTOR to proceed with the work as set forth in the Change Order and
the CONTRACTOR may make claim against the OWNER for Extra Work
involved therein, as hereinafter provided.
(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
\Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
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In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as
foreman, timekeepers, mechanics and laborers, and materials, supplies, teams,
trucks, rentals on machinery and equipment, for the time actually employed or
used on such Extra Work, plus actual transportation charges necessarily
incurred, together with all power, fuel, lubricants, water and similar operating
expenses, also all necessary incidental expenses incurred directly on account of
such Extra Work, including Social Security Old Age Benefits and other payroll
taxes, and, a rateable proportion of premiums on Performance and Payment
Bonds and Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation, and all other insurance as may be required by any
law or ordinance, or directed by the OWNER, or by them agreed to. The
OWNER or ENGINEER may direct the form in which accounts of the "actual field
cost" shall be kept and the records of these accounts shall be made available to
the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in
writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise these matters shall
be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100
percent, unless otherwise specified, of the latest schedule of Equipment
Ownership Expense adopted by the Associated General Contractors of America.
Where practicable the terms and prices for the use of machinery and equipment
shall be incorporated in the written Change Order. The fifteen percent (15%) of
the "actual field cost" to be paid the CONTRACTOR shall cover and compensate
him for his profit, overhead, general superintendence and field office expense,
and all other elements of cost and expense not embraced within the "actual field
cost" as herein defined; save that where the CONTRACTOR'S Camp or Field
Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by
the OWNER or ENGINEER. In case any orders or instructions, either oral or
written, appear to the CONTRACTOR to involve Extra Work for which he should
receive compensation or an adjustment in the construction time, he shall make
written request to the OWNER or ENGINEER for written order authorizing such
Extra Work. Should a difference of opinion arise as to what does or does not
constitute Extra Work, or as to the payment therefore, and the OWNER or
ENGINEER insists upon its performance, the CONTRACTOR shall proceed with
the work after making written request for written order and shall keep an accurate
account of the "actual field cost" thereof, as provided under Method (C). The
CONTRACTOR will thereby preserve the right to submit the matter of payment to
a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR
shall waive all claims for payment for Extra Work.
GC.12 CONTRACT TERMINATION
(a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) days after written notification
from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with
the orders of the OWNER or ENGINEER, when such orders are consistent with
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the Contract Documents, then, and in that case, where performance and
payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the
CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the
job, but the same, together with any materials and equipment under contract for
the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when
used in connection with Extra Work, where credit shall be allowed as provided for
under Section 6, Extra Work and Claims), it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the
work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of such
notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
The OWNER may employ such force of men and use such machinery,
equipment, tools, materials and supplies as said OWNER may deem necessary
to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said CONTRACTOR, and expense
so charged shall be deducted and paid by the OWNER out of such moneys as
may be due, or that may thereafter at any time become due to the
CONTRACTOR under and by virtue of this Agreement. In case such expense is
less than the sum which would have been payable under this contract, if the
same had been completed by the CONTRACTOR, then said CONTRACTOR
shall receive the difference. In case such expense is greater than the sum which
would have been payable under this contract, if the same had been completed by
said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the
amount of such excess to the OWNER; or
The OWNER under sealed bids, after five (5) days notice published one or more
times in a newspaper having general circulation in the county of the location of
the work, may let the contract for the completion of the work under substantially
the same terms and conditions which are provided in this contract. In the case of
any increase in cost to the OWNER under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to
the CONTRACTOR and the Surety shall be and remain bound therefore.
However, should the cost to complete any such new contract prove to be less
than what would have been the cost to complete under this contract, the
CONTRACTOR and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and
his Surety shall be so notified and Certificates of Completion and Acceptance
shall be issued. A complete itemized statement of the contract accounts,
certified to by the OWNER or ENGINEER as being correct, shall then be
prepared and delivered to the CONTRACTOR and his Surety, whereupon the
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CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay
the balance due as reflected by said statement, within fifteen (15) days after the
date of such Certificate of Completion.
After final completion of the work and in the event the statement of accounts
shows that the cost to complete the work is less than that which would have been
the cost to the OWNER had the work been completed by the CONTRACTOR
under the terms of this contract; or when the CONTRACTOR and/or his Surety
shall pay the balance shown to be due by them to the OWNER, then all
machinery, equipment, tools, materials or supplies left on the site of the work
shall be turned over the CONTRACTOR and/or his Surety. Should the cost to
complete the work exceed the contract price, and the CONTRACTOR and/or his
Surety fail to pay the amount due the OWNER within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or
supplies on the site of the work, notice thereof, together with an itemized list of
such equipment and materials, shall be mailed to the CONTRACTOR and his
Surety at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the
risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER
to exercise ordinary care to protect such property. After fifteen (15) days from
the date of said notice the OWNER may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit
of the CONTRACTOR and his Surety. Such sale may be made at either public
or private sale, with or without notice, as the OWNER may elect. The OWNER
shall release any machinery, equipment, tools, materials, or supplies, which
remain on the work, and belong to persons other than the CONTRACTOR or his
Surety, to their proper owners.
(b) Abandonment by OWNER: In case the OWNER shall fail to comply with the
terms of this contract within ten (10) days after written notification by the
CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equipment, and all
materials on the site of work that have not been included in payments to the
CONTRACTOR and have not been wrought into the work. Thereupon the
ENGINEER shall make an estimate of the total amount earned by the
CONTRACTOR, which estimate shall include the value of all work actually
completed by said CONTRACTOR, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra Work performed at the prices
agreed upon, or provided for by the items of this contract, and a reasonable sum
to cover the cost of any provisions made by the CONTRACTOR to carry the
whole work to completion and which cannot be utilized. The ENGINEER shall
then make a final statement of the balance due the CONTRACTOR by deducting
from the above estimate all previous payments by the OWNER and all other
sums that may be retained by the OWNER under the terms of this Agreement
and shall certify same to the OWNER who shall pay to the CONTRACTOR on or
before thirty (30) days after the date of delivery to OWNER of such certified final
statement.
(c) Termination of Contract in Case of National Emergency: Whenever, because of a
national emergency, so declared by the President of the United States or other
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lawful authority, it becomes impossible for the Contractor to obtain all of the
necessary labor, material and equipment for the prosecution of the work with
reasonable continuity for a period of two (2) months, the Contractor shall within
seven (7) days notify the Owner in writing, giving a detailed statement of the
efforts which have been made and listing all necessary items of labor, material
and equipment not obtainable. If, after investigation, the Owner finds that such
conditions exist and that the inability of the Contractor to proceed is not
attributable in whole or in part to the fault or neglect of the Contract, then if the
Owner cannot after reasonable effort assist the Contractor in procuring and
making available the necessary labor, materials, and equipment within thirty (30)
days, the Contractor may request the Owner to terminate the contract and the
Owner shall within thirty (30) days comply with the request, and the termination
shall be based on a final settlement, which shall include, but not be limited to, the
payment for all work executed.
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SPECIFICATION TABLE OF CONTENTS
NO. OF PAGES
DIVISION NO. 1 - GENERAL CONDITIONS
Section 01010 – Summary of Work……………………………………………………………………………3
Section 01310 – Construction Schedules……………………………………………………………………..3
Section 01340 – Shop Drawings, Product Data and Samples……………………………………………...3
Section 01700 – Contract Closeout……………………………………………………………………………2
Section 01710 – Cleaning ……………………………………………………………………………..............2
DIVISION NO. 2 – SITE WORK
Section 02000 – General Provisions..…………………………………………………………………………2
DIVISION NO. 3 – CONCRETE
Section 03310 – Cast-In-Place Concrete……………………………………………………………………12
TABLE OF CONTENTS
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SUMMARY OF WORK
DIVISION NO. 1
SECTION 01010
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and General Provisions of Contract, including General and Special Conditions
and all applicable specification sections, apply to this section.
1.2 DESCRIPTION
A. General: The Scope of Work for this Project shall consist of providing all supplies, support
services, data, labor, tools, materials, equipment, supervision, construction, and all else
required to complete the installation of the First and Coit Landscape Improvements for the
Town of Prosper
B. Project Scope: The Work shall include, but not be limited to, the following major items, to
the extent specified and indicated:
1.Provide administration and construction support services to complete the work.
2.Coordinate with utility owners and governing agencies. Portions of this project may
be within utility easements.
3.Coordinate work with other contractors performing work within the project site.
4.Apply for and procure all applicable permits from the applicable governing agencies.
This project falls within the Town of Prosper.
5.Procure necessary permits for personnel, equipment and construction operations.
6.Provide and install complete in place turn-key systems per construction drawings
and specifications.
7.Field verify all dimensions that are required for complete installation of all items
defined in the plans and specifications.
8.Provide and install all remaining items as defined on the drawings and in the
technical specifications for a complete installation.
1.3 DRAWINGS
A. Refer to Index of Drawings on Cover Sheet of the drawings.
1.4 PROJECT MANUAL
A. Bidding and Contract Requirements; General Conditions - Division 1 and Technical
Specifications, Divisions 2 through 16 as listed in Table of Contents.
1.5 ITEMS OF RELATED WORK FURNISHED AND/OR INSTALLED BY OTHERS
A. Refer to Construction Plans (may not require work furnished by others). Contractors to
coordinate installation with Town of Prosper including application, scheduling, field
coordination, etc.
B. Relocating existing utilities. Contractor to provide relocation of any existing utilities if in
conflict with the proposed project elements to be installed.
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C. Masonry, Tile, Sheetrock, and painting. Contractor to provide the necessary repairs to
existing infrastructure if damaged during installation of any project related item. All repairs
shall match existing.
1.6 UNIT PRICES
A. Refer to Proposal Form for Unit Prices.
1.7 QUALITY ASSURANCE
A. The work shall comply with the requirements of the Contract Documents including cited
national specifications and standards; state and local government authority codes and
standards.
B. In case of conflicts between cited national and local standards, local requirements shall
govern unless otherwise directed in writing. All conflicts shall be brought to the attention of
Owner's Representative in writing.
1.8 OTHER REQUIREMENTS
A. Any affected utility owners shall be notified not less than 7 days prior to starting work in an
area in which a utility may be located. Notices shall be in writing. Any affected utility
owner and Owner's Representative shall be notified 72 hours prior to commencing
construction operations.
B. The Contractor shall prosecute the Work as indicated, in accordance with the Contract
Documents, and in a timely manner so as to ensure coordination of all parts of the work
with work of other parties under adjoining and interfacing contracts, including governmental
bodies and utility companies.
C. Proposals for scheduling work at times other than the normal work period of a calendar day
shall be submitted to Owner's Representative not less than 48 hours in advance of those
times. Such proposals shall outline all special precautions to be taken to control the
hazards presented by prosecuting the work at times other than the normal work period of a
calendar day. The proposal shall include supplementary lighting of work areas, availability
of medical facilities, security precautions and all other precautions necessary.
D. Construction equipment and vehicles which exceed the weight, size and noise limitation of
the authorities having jurisdiction shall not be operated outside the construction limits of the
site.
E. Note: An on-site job trailer is not required as part of this contract.
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1.9 INTERPRETATION
A. Overlapping and Conflicting Requirements: Where compliance with two or more industry
standards or sets of requirements is specified or indicated, and overlapping of those
different standards or requirements establishes different or conflicting minimums or levels
of quality, the most stringent requirement is intended and will be enforced by Owner's
Representative and Owner, unless specific language in the Contract Documents clearly
indicates that a less stringent requirement is to be fulfilled. Refer apparently-equal-but-
different requirements, and uncertainties as to which level of quality is more stringent, to
Owner's Representative and Owner for a written decision before proceeding with the work
in question.
B. Minimum Quality/Quantity: In every instance, the quality level or quantity indicated or
specified is intended to be the minimum for the work to be performed or provided. Except
as otherwise indicated, the actual work may either comply exactly with that minimum
(within specified tolerances), or may exceed that minimum within reasonable limits. In
complying with these requirements, indicated numeric values are either minimums or
maximums as noted, or as appropriate for context of the requirements. Refer instances of
uncertainty to Owner's Representative and Owner for a written decision before proceeding
with the work in question.
END OF SECTION
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CONSTRUCTION SCHEDULES
DIVISION NO. 1
SECTION 01310
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Progress and Schedule Bar Chart consisting of time scaled figures to monitor progress of
the work.
1.2 SUBMITTALS
A. Submit two copies to A/E and to Owner within first week of receiving the Notice to Proceed.
Owner and A/E will request revisions, if necessary, and return to Contractor with suggested
revisions.
B. Upon final approval by A/E and Owner, copies of the Project Schedule shall be distributed as
follows:
1. 2 copies of each to Owner.
2. 2 copies of each to A/E.
3. 1 copy to principal subcontractors and vendors.
4. 1 copy to others affected by schedule.
5. Copies posted in Temporary Field Office (if applicable).
C. As revisions are made during construction, distribute up-to-date issues to the same entities
and make postings accordingly.
D. Under no circumstances will construction operations begin other than initial mobilization until
the progress schedule, in its entirety, is approved.
1.3 PROJECT SCHEDULE
A. Activities shown on the schedule shall be as follows:
1. Each individual construction activity.
2. Submittal of shop drawings product data, and samples for approval.
3. Approval of submittals.
4. Delivery time for materials and equipment requiring long lead time.
5. Times anticipated for shutdown and tying-in of existing services. This does not serve
as official request to Owner as specified in Section 01040, and each individual request
for outage shall be submitted in writing two weeks prior to anticipated outage, as
specified.
B. Schedule Format:
1. Single sheet of paper not exceeding 11 inches by 17 inches.
2. Time scale at top and bottom of page with time units shown in calendar weeks.
C. Each activity shall be represented by a bold horizontal line, as follows:
1. Each line clearly and briefly described.
2. Estimated duration.
3. Line or arrow shall be drawn to the length as dictated by the time scale to indicate the
activity's duration.
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4. Each activity shall be placed at its proper calendar location as determined by the time
scale.
5. Float time shall be shown in its proper time scale for each non-critical activity.
6. Critical activities shall be illustrated or accented, thereby easily distinguished from non-
critical activities.
7. Milestones or intermediate completion dates shall be clearly shown.
8. Final completion date on initial schedule shall coincide with time of completion agreed
upon and indicated in the Contract Documents.
D. The duration of each activity shall be shown in calendar days and shall include Saturdays,
Sundays, holidays and anticipated days lost due to inclement weather.
1.4 MONTHLY UPDATED SUBMITTALS
A. Submit two copies of Project Schedule, each to Owner and A/E, with monthly payment
application, illustrating the following:
1. Markings to show actual completed work above or below estimated work.
2. Critical path activities marked to distinguish from non-critical activities.
1.5 SCHEDULE REVISIONS
A. Revise and resubmit schedule for approval in event any of following occur:
1. The previously approved schedule changes.
2. The approved schedule is extended in excess of 14 calendar days.
3. Issued change orders cause changes in the actual work which affect the duration or
actual start or finish date of activities to the extent that the approved schedule is
changed or extended in excess of 14 calendar days.
B. Provide written description of each change to the schedule, including reason for the change
and how it affects the schedule.
C. Revisions to the schedule, including those generated by change orders, shall be made at no
cost to Owner.
1.6 FLOAT
A. Contract Time shall be the Time of Completion as indicated in the Contract, plus any time
extensions granted after award of contract.
B. Float shall be the Contract Time less the Duration of the Schedule for critical activities, or the
amount of time non-critical activities can be delayed without causing the Contract Time to be
exceeded.
C. Owner will receive benefit of float. Contract Time Extensions will not be granted unless a
change order or delay causes either of the following:
1. An increase in the duration of the critical activities.
2. The available float of a non-critical activity is consumed causing the activity to become
critical and thereby altering the project schedule.
D. Time extensions shall be limited to the duration of the critical activities less the Contract
Time.
PART 2 - PRODUCTS
Not used.
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PART 3 - EXECUTION
Not used.
END OF SECTION
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SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
DIVISION NO. 1
SECTION 01340
PART 1 - GENERAL
1.1 REQUIREMENTS INCLUDED
A. Submit Shop Drawings, Product Data and Samples required by Contract Documents.
1.2 RELATED REQUIREMENTS
A. Conditions of the Contract: Definitions, and additional responsibilities of parties.
B. Designate in the construction schedule, or in a separate coordinated schedule, the dates
for submission and the dates that reviewed Shop Drawings, Product Data and Samples
will be needed.
1.3 SHOP DRAWINGS
A. Present drawings in a clear and thorough manner.
1. Identify details by reference to sheet and detail, schedule or room numbers
shown on Contract Drawings.
1.4 PRODUCT DATA
A. Preparation:
1. Clearly mark each copy to identify pertinent products or models.
2. Show performance characteristics and capacities.
3. Show dimensions and clearances required.
4. Show wiring diagrams and controls.
B. Manufacturer's Standard Schematic Drawings and Diagrams:
1. Modify drawings and diagrams to delete information which is not applicable to the
work.
2. Supplement standard information to provide information specifically applicable to
the work.
1.5 SAMPLES
A. Provide office samples of sufficient size and quantity to clearly illustrate:
1. Functional characteristics of the product, with integrally related parts and
attachment devices.
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2. Full range of color, texture and pattern.
B. Field Samples and Mock-ups:
1. Erect, at the Project site, at a location acceptable to the Architect.
2. Size or Area: That specified in the respective specification section.
3. Fabricate each sample and mock-up complete and finished.
4. Remove mock-ups at conclusion of work or when acceptable to the Architect.
1.6 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence
as to cause no delay in the work or in the work of any other contractor.
B. Submit Shop Drawings, Product Data and Samples for structural, mechanical and
electrical items directly to the Landscape Architect.
C. Number of Submittals Required:
1. Shop Drawings: Submit two prints and one sepia of each drawing.
2. Product Data: Submit four copies of product data.
3. Samples: Submit the number stated in each specification section, minimum of
two samples for each item.
D. Submittals Shall Contain:
1. The date of submission and the dates of any previous submissions.
2. The Project title and number.
3. Contract identification.
4. The Names of:
a. Contractor
b. Supplier
c. Manufacturer
5. Identification of the product, with the specification section number.
6. Field dimensions, clearly identified as such.
7. Relation to adjacent or critical features of the work or materials.
8. Applicable standards, such as ASTM or Federal Specification numbers.
9. Identification of deviations from Contract Documents.
10. Identification of revisions on resubmittals.
11. A 3" x 3" blank space for Landscape Architect's stamp and signature.
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12. Contractor's stamp, initialed or signed, certifying to review of submittal,
verification of products, field measurements and field construction criteria, and
coordination of the information within the submittal with requirements of the work
and of Contract Documents.
1.7 RESUBMISSION REQUIREMENTS
A. Make any corrections or changes in the submittals required by the Landscape Architect
and resubmit until approved.
B. Shop Drawings and Product Data:
1. Revise initial drawings or data, and resubmit as specified for the initial submittal.
2. Indicate any changes which have been made other than those requested by the
Landscape Architect.
C. Samples: Submit new samples as required for initial submittal.
1.8 DISTRIBUTION
A. Distribute reproductions of Shop Drawings and copies of Product Data which have been
reviewed by the Landscape Architect and do not require revisions.
1. Job site file.
2. Record Documents file.
3. Other affected contractors.
4. Subcontractors.
5. Supplier or fabricator.
B. Distribute samples which have been approved by the Landscape Architect as directed by
the Landscape Architect.
1.9 LANDSCAPE ARCHITECT DUTIES
A. Review submittals with reasonable promptness and in accordance with schedule.
B. Affix stamp and initials or signature, and indicate requirements for revisions and
resubmittal, if any.
C. Return submittals to the Contractor for distribution, or for resubmission.
END OF SECTION
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CONTRACT CLOSEOUT
DIVISION NO. 1
SECTION 01700
PART 1 - GENERAL
1.1 SECTION INCLUDES
Closeout shall include general requirements near end of Contract Time, in preparation for final
acceptance, final payment, normal termination of contract, occupancy by Owner, and similar actions
evidencing completion of the work. Specific requirements for individual units of work are specified in
sections of Division 2 through 16. Time of closeout is directly related to "Substantial Completion", and
therefore may be either a single time period for entire work or a series of time periods for individual
parts of the work which have been certified as substantially complete at different dates. That time
variation shall be applicable to other provisions of this Section.
1.2 SUBSTANTIAL COMPLETION
A. Refer to Article 1 and Paragraph 14.8 of the General Conditions.
B. Upon receipt of Contractor's request, Owner will proceed with inspection. Following initial
inspection, Owner will either prepare Certificate of Substantial Completion, or advise Contractor
of work which shall be performed prior to issuance of certification; and repeat inspection when
requested to assure that work has been substantially completed.
1.3 FINAL ACCEPTANCE
A. On or before the date of final inspection Contractor shall turn over to Owner following Contract
Close-Out Materials, which he will have accumulated and retained during course of project:
1. All approved submittal data, two complete sets.
2. Written project warranty, and all other equipment and materials warranties/guarantees as
signed by all appropriate suppliers or manufacturer's, one set.
3. Operating and maintenance instructions for all installed equipment and systems, to include
a maintenance and spare parts list, two sets.
4. One set of "Record" drawings and specification showing conditions and dimensions of all
construction indicated by original construction documents. Drawings shall show routing of
underground outside utilities or conduits, with burial depth related to finish grade.
Drawings shall also show the final grades.
5. Materials will be reviewed by Owner for completion. Final Acceptance will not be approved
until Contract Close-out materials are completed.
B. Refer to individual Divisions 2 through 16 for specific work requirements. The requirements
include, but are not limited to the following:
1. Submit Final Pay Voucher, and Lien Waivers for all subcontractors.
2. Complete work items on Substantial Completion punch lists, if any.
3. Deliver tools, spare parts, keys, extra stocks of materials and similar physical items to
Owner.
4. Complete start-up testing of systems. Train and instruct Owner's designated personnel in
operation and general maintenance requirements of all mechanical and electrical
components. Discontinue and remove from project site temporary facilities and services,
along with construction tools and facilities, and similar items.
5. Complete final clean up requirement, including site dress up, touch-up painting, etc.
CONTRACT CLOSEOUT (01700)
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C. Upon receipt of Contractor's written notice that work has been completed, Owner will schedule
inspection with Contractor and inspect work. After inspection, Owner will either approve Final
Payment or prepare punch list for Contractor listing work items not completed and incorrect or
obligations not fulfilled as required for final acceptance. If necessary, procedure will be
repeated.
PART 2 - PRODUCTS
Not used.
PART 3 - EXECUTION
3.1 CLOSE-OUT PROCEDURES
Arrange to meet with Owner's personnel, at project site, to provide basic instructions needed for proper
operation and maintenance of entire work.
3.2 CLEANING
A. Special cleaning for specific units of work is specified in sections of Divisions 2 through 16.
General cleaning during progress of work is specified in General Conditions and as temporary
service in "Temporary Facilities" Section of this Division. Provide final cleaning of work, at time
indicated, consisting of cleaning surface or unit of work to normal "clean" condition expected for
first-class building cleaning and maintenance program. Comply with manufacturer's instruction
for cleaning operations. The following are examples, but not by way of limitation, of cleaning
levels required;
1. Remove labels which are not required as permanent labels.
2. Clean transparent materials, including mirrors and window/door glass, to a polished
condition, removing substances which are noticeable as vision-obscuring materials.
Replace broken glass and damaged transparent materials.
3. Clean exposed exterior and interior hard-surface finishes, to a dirt-free condition, free of
dust, stains, films and similar noticeable transparent materials.
4. Wipe surfaces of mechanical and electrical equipment clean, remove excess lubrication
and other substances.
5. Remove debris and surface dust from limited access spaces including roofs, plenums,
shafts, trenches, equipment vaults, manholes, attics and similar spaces.
6. Clean concrete floors in non-occupied spaces broom clean.
7. Vacuum clean carpeted surface and similar soft surfaces.
8. Clean plumbing fixtures to a sanitary condition, free of stains including those resulting from
water exposure.
9. Clean light fixtures and lamps so as to function with full efficiency.
10. Clean project site, including landscape development areas, of litter and foreign
substances. Sweep paved areas to a broom-clean condition; remove stains,
petrochemical spill and other foreign deposits. Rake grounds which are neither planted
nor paved, to a smooth even-textured surface.
END OF SECTION
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Item 11
CLEANING
DIVISION NO. 1
SECTION 01710
PART 1 - GENERAL
Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1
Specification Sections, apply to work of this section.
1.1 DESCRIPTION
Cleaning during period of construction and at completion of the work.
1.2 DISPOSAL REQUIREMENTS
Conduct cleaning and disposal operation to comply with codes, ordinances, regulations, and anti-
pollution laws.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or property and
which will not damage surfaces.
B. Comply with manufacturer's recommendations.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. The site and adjacent properties shall be kept free from accumulations of waste materials,
rubbish, and wind blown debris, resulting from construction operations.
B. Provide on-site containers for the collection of waste materials, debris and rubbish.
C. Remove waste materials, debris and rubbish from the site daily and dispose at a legal
disposal area away from the site.
3.2 DUST CONTROL
Schedule operations so that dust and other contaminants resulting from cleaning process will not fall
on wet or newly coated surfaces.
3.3 FINAL CLEANING
A. Employ skilled workmen for final cleaning
B. See Section 01700 - Contract Closeout.
END OF SECTION
CLEANING (01710)
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GENERAL PROVISIONS
DIVISION NO. 2
SECTION 02000
PART 1 - GENERAL
1.1 GENERAL
A. The Conditions of the Contract, and applicable requirements of Division 1 - General
Requirements apply to the work of this section. Applicable sections of the North Central
Texas Council of Governments (NCTCOG) Standard Specifications for Public Works
Construction as modified herein, also apply.
1.2 SECTION INCLUDES
A. Regulatory Requirements.
B. Reference Specifications.
1.3 RELATED SECTIONS
A. Applicable Sections of Division 0 - Bidding Requirements; Contract Forms; Contract
Conditions.
B. Applicable Sections of Division 1 - General Requirements.
C. Applicable Sections of Division 2 - Site Work.
D. Applicable Sections of the Reference Specification.
E. Special Provisions.
1.4 REGULATORY REQUIREMENTS
A. NCTCOG Standard Specifications for Public Works Construction, latest edition, as modified
in the Contract Documents.
B. Obtain required permits and three-way contracts from authorities, if required.
C. Coordinate traffic maintenance and safety at project entries with the Town of Prosper.
Contractor shall be solely responsible for worker and public safety in the construction area
under this contract.
D. Notify all utility companies before starting work and comply with their requirements.
E. NOTIFY OWNER IF HAZARDOUS OR CONTAMINATED MATERIALS ARE
DISCOVERED.
F. U.S. Environmental Protection Agency's National Pollutant Discharge Elimination System
(NPDES).
GENERAL PROVISIONS (02000)
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1.5 REFERENCE SPECIFICATIONS
A. All work covered in DIVISION 2 - SITE WORK shall be governed by the latest edition of the
North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public
Works Construction as amended and/or supplemented by these specifications and the
Town of Prosper. These Specifications and Special Provisions govern the reference
specification. Any item not modified or amended by these specifications shall be deemed
correct in the reference specifications.
B. Work not described herein or in the NCTCOG Standard Specifications shall be governed by
the Texas Department of Transportation, 1993 Standard Specifications for Construction of
Highways, Streets and Bridges.
C. The Contractor shall maintain a copy of the Plans, Project Manual and the Reference
Specifications at the job site at all times during construction.
PART 2 - PRODUCTS
2.1 GENERAL
A. All products used shall conform to the requirements and standards specified in the Plans
and in the Reference Specifications unless modified elsewhere in these specifications, or as
directed in writing by the Owner.
PART 3 - EXECUTION
3.1 GENERAL
A. Execution of the work shall conform to the requirements and standards specified in the
Plans and in the Reference Specifications unless modified elsewhere in these
specifications, or as directed in writing by the Owner.
B. The work performed in all sections of DIVISION 2 -SITE WORK shall conform in every
respect to the Contract Documents, applicable City and State requirements, applicable local
ordinances, and regulations of the Occupational Safety and Health Administration (OSHA).
In the event that the Contract Documents do not adequately specify materials, methods of
construction, or workmanship of any portion of the proposed work, the NCTCOG Standard
Specifications for Public Works Construction, as amended in the Contract Documents, shall
apply.
C. Subgrade preparation shall conform to the requirements of these specifications.
D. Owner shall employ and pay for all material testing and quality control described in these
specifications.
END OF SECTION
GENERAL PROVISIONS (02000)
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CAST-IN-PLACE CONCRETE
DIVISION NO. 3
SECTION 03310
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Furnish and Placing Cast-in-place concrete including finishing and curing.
B. Furnishing concrete for drilled piers.
C. Control, expansion and contraction joint devices associated with concrete work, including
preformed joint filler.
D. Grouting anchor bolts and under base plates.
1.2 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION
Section 03100- Concrete Formwork: Placement of joint device in formwork.
1.3 REFERENCES
A. AASHTO M 33 - Performed Expansion Joint Filler for Concrete (Bituminous Type) (ASTM
D 994).
B. ACI 214 - Evaluation of Strength Test Results of Concrete.
C. ACI 301 - Structural Concrete for Buildings.
D. ACI 305 - Hot Weather Concreting.
E. ACI 306 - Cold Weather Concreting.
F. ACI 308 - Standard Practice for Curing Concrete.
G. ACI 311 - Guide for Concrete Inspection.
H. ACI 318 - Building Code Requirements for Reinforced Concrete.
I. ASTM C 33 - Concrete Aggregates.
J. ASTM C 94 - Ready-Mixed Concrete.
K. ASTM C 150 - Portland Cement.
L. ASTM C 260 - Air Entraining Admixtures for Concrete.
M. ASTM C 494 - Chemicals Admixtures for Concrete.
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N. ASTM D 1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete
Paving and Structural Construction.
1.4 SUBMITTALS
A. Product Data: Submit data on joint devices, attachment accessories, admixtures, and
floor hardener/sealer, waterstop, curing compounds, grout.
B. Samples: Submit two, 4-inch long samples of expansion/contraction joint and construction
joint material (joint filler).
C. Manufacturers Installation Instructions: Indicate installation procedures and interface
required with adjacent Work.
D. Concrete Mix Design:
1. Submit two copies of laboratory trial mix design proposed in accordance with ACI
301, Method 1, or one copy of each of 30 consecutive test results and mix
designs used from record of past performance in accordance with ACI 301,
Method 2 to the engineer and the testing laboratory.
a. Determine or certify proportions of ingredients for mix by independent
testing laboratory in accordance with Chapter 4, ACI 318 to provide
characteristics listed on Drawings for each class of concrete.
b. Determine required average strength for above specified strength in
accordance with ACI 318; evaluate compressive strength results of field
concrete in accordance with ACI 214.
c. Include following information in concrete mix design:
(1) Proportions of cement, fine and coarse aggregates, and water.
(2) Water-cement ratio, design strength, slump and air content.
(3) Type of cement and sieve analysis of coarse and fine
aggregates.
(4) Type and dosage of admixtures.
(5) Special requirements for pumping
(6) Range of ambient temperature and humidity for which design is
valid.
(7) Special characteristics of mix which require precautions in
mixing, placing, or finishing techniques to achieve finished
product, specified.
2. Batch Delivery Tickets: Submit sample tickets indicating information to be
supplied.
1.5 PROJECT RECORD DOCUMENTS
Accurately record actual locations of embedded utilities and components which are concealed
from view.
1.6 QUALITY ASSURANCE
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A. Perform Work in accordance with ACI 301.
B. Maintain one copy of each document on site.
C. Acquire cement and aggregate from same source for all work.
D. Conform to ACI 305 when concreting during hot weather.
E. Conform to ACI 306 when concreting during cold weather.
1.7 COORDINATION
Coordinate the placement of joint devices with erection of concrete formwork and placement of
form accessories.
PART 2 - PRODUCTS
2.1 CONCRETE MATERIALS
A. Portland Cement: ASTM C 150, Type I - Normal or Type III - High Early Strength from
single source.
B. Fine and Coarse Aggregates: ASTM C 33, maximum size as indicated in the Concrete
Notes shown on the drawings.
2.2 ADMIXTURES
A. Air Entrainment: ASTM C 260.
B. Water Reducing: ASTM C 494 Type A.
C. Use set-controlling admixtures only when accepted by the A/E. Set controlling admixture,
Type C - accelerating, Type D - water reducing and retarding, Type E - water reducing
and accelerating admixture as reviewed by the independent testing laboratory and the
A/E.
D. Super plasticizing: Use PSI Super super plasticizer (high-range water-reducer),
conforming to the requirements of ASTM C 494, Type F/G in accordance with
manufacturers recommendations.
E. The manufacturer is acceptable contingent upon the products compliance with the
specification.
F. Calcium chloride is prohibited. Do not use admixturer containing more than 0.1 percent
chloride ions. Submit written certification of maximum chloride ion content with mix
design.
G. Water: Use City water.
H. Fly Ash, Slag, and Pozzolans: Prohibited. Obtain Architect/Engineer Representatives
approval to use other admixtures.
2.3 RELATED MATERIALS
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A. Bonding Agent: Two component modified epoxy resin.
B. Vapor Barrier:
1. Six mils thick polyethylene sheeting, clear color, resistant to decay in accordance
with ASTM E154.
2. Vapor barrier joint tape: 3M, No. 890 glass filament acetate tape.
2.4 NON-SHRINK GROUT
A. Non-shrink grout for grouting under base plates.
1. Premixed compound consisting of non-metallic aggregate, cement, water
reducing and plasticizing agents; capable of developing minimum compressive
strength of 7000 psi.
2.5 EPOXY GROUT
A. Epoxy grout for grouting anchor bolts.
1. 3 components consisting of 100 percent solids epoxy resins, special hardeners
and specially graded aggregates.
2. Product: Sure-grip Epoxy Grout (J-54), Dayton Superior Corp, Oregon, IL,
(800)745-3700.
2.6 JOINT DEVICES AND FILLER MATERIALS
A. Joint (Sealant) Filler; Re: Joints and sealants in division 7.
B. Preformed Joint Filler: 1/2-inch, performed joint filler, ASTM D1751, asphalt impregnated
fiberboard nonextruding type or 1/2-inch thick, performed neoprene, ASTM D1752, Type I.
Ensure compatibility with joint filler/sealant.
2.7 ACCESSORIES
A. Form coating: For all exposed concrete, use non staining form coating.
B. Curing materials:
1. Use resin base liquid concrete curing compound complying with ASTM C 309,
Type I, with fugitive dye to provide uniformity of color, application and providing
95 percent or more retention of the mixing water for seven days or more.
Compound shall be compatible with any materials (paint, resilient flooring, etc.)
which will be applied to the concrete surfaces. Do not cure with this compound
any surfaces intended to receive clear hardener or penetrating sealer.
2. Dissipating curing compound shall be liquid membrane-forming compound,
complying with ASTM C 309, which provides an initial cure for concrete, then
begins to chemically break down and wear off the surface within two to four
weeks. Use Kurez DR, as manufactured by the Euclid Chemical Company, or
approved equal. Use of this product shall be limited to floors receiving
penetrating sealer or cementitious topping.
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3. Curing and sealing compound shall be an acrylic sealer equal to Sealtight CS-
309" as manufactured by W. R. Meadows, Incorporated. Use of this product shall
be limited exclusively to permanently exposed concrete surfaces not specified to
receive a penetrating sealer or liquid hardener. Comply with ASTM C 309.
C. Finishing Materials:
1. Floor hardener shall be a penetrating liquid, for subsequent (not integral)
application and shall be Lapidolith, as manufactured by Sonneborn Building
Products, or Ashford Formula or approved equal. See schedule for location of
floor hardener. No combination curing and hardener material will be considered
in lieu of hardener material specified.
2. Cement floor leveling compound for interior applications shall be SikaSet
Underlayment, by Sika Corporation, or approved equal. Cement floor leveling
compound for exterior applications shall be SikaTop 122, by Sika Corporation, or
approved equal.
3. Retarder shall be E.A.C. Super Tuf-coat 66, as manufactured by Preco Chemical
Corporation. Color shall be as recommended by the manufacturer.
2.8 CONCRETE MIX
A. Mix and deliver concrete in accordance with ASTM C 94.
B. Use accelerating admixtures in cold weather only when approved by Architect. Use of
admixtures will not relax cold weather placement requirements.
C. Use set retarding admixtures during hot weather only when approved by Architect.
D. Add 5 percent, plus or minus 1 percent, air entraining agent to normal weight concrete mix
for work exposed to exterior.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify requirements for concrete cover over reinforcement.
B. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete
are accurately placed, positioned securely, and will not cause hardship in placing
concrete.
3.2 PREPARATION
Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in
accordance with manufacturer's instructions.
3.3 PLACING CONCRETE
B. Conform with ACI 304 and the following.
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C. Convey concrete from the mixer to the forms as rapidly as practical and by methods which
will prevent segregation or loss of ingredients.
D. Deposit as nearly as practical in its final position.
E. Provide chutes so that the concrete slides in the chute and does not flow.
F. Where a vertical drop greater than 5 feet is necessary, place concrete through tremies or
similar devices to prevent segregation.
G. Place concrete before the initial set has occurred, and in no event after it has contained its
water content for more than 1-1/2 hours.
H. Unless otherwise specified, place all concrete upon clean, damp surfaces, free from
water, or upon property consolidated fills, but never upon soft mud, dry porous earth, or
frozen ground.
I. Compact the concrete and work it in an approved manner into all corners and angles of
the forms and around reinforcement in a manner to prevent segregation of the coarse
aggregate.
J. Construct forms for the lifts of vertical walls to make all parts of the walls easily accessible
for the placement, spading and consolidation of the concrete as specified.
K. Deposit concrete in the forms as nearly as practical in its final position to avoid re-
handling and to maintain, until the completion of the unit, a plastic surface approximately
horizontal. Under no circumstances shall concrete that is partially hardened be deposited
in the work. Deposit concrete continuously and as rapidly a practical until the unit of
operation is completed.
L. Consolidate all concrete by vibration so that the concrete is thoroughly worked around the
reinforcement, around embedded items, and into corners of forms, eliminating all air or
stone pockets which may cause honeycombing, pitting, or planes of weakness. Conform
with ACI 309 and the following.
M. Mechanical vibrators shall have a minimum frequency of 7,000 vibrations per minute and
shall be operated by competent workmen. Over-vibrating and use of vibrators to transport
concrete within forms shall not be allowed. Insert vibrators and withdraw at many points,
from 18 inches to 30 inches apart for a 5 to 15 second duration. Permit the vibrators to
sink as deep while running as their own weight will readily take them.
N. Keep three spare emergency vibrators on the job site during all concrete placing
operations.
O. Furnish vibrators of the internal type; apply directly to the concrete and not through the
forms, except in sections too thin to permit the insertion of the internal type, in which case
form vibrators may be employed, with the approval of the A/E.
P. Carry all top surfaces slightly above the forms and strike off by board finish when
settlement has taken place, forcing out all excess water.
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Q. After the concrete has taken its initial set, prevent impact or loads on forms or on the ends
of projecting reinforcement.
R. Add concrete to compensate for the settlement produced by vibration, and to bring the
surface to the elevation required.
S. Bonding: In placing fresh concrete to set concrete, remove all loose and foreign materials
from work already in place. Slush set concrete surface with bonding agent and scrub with
wire brooms and leave moist when the new concrete is place in accordance with
manufacturer recommendations. Ensure complete bonding of the new concrete to the set
concrete.
T. Place and consolidate all concrete in vertical members in place not less than 4 hours
before concrete in the horizontal or the vertical members resting thereon is placed.
U. Make the operation of placing concrete continuous between vertical construction joints.
Make the vertical construction joints at approximately the center of a panel or beam with
vertical bulkheads to the full depth. Place the scheduled or detailed reinforcement
continuously through the joints.
3.4 CONCRETE FINISHING
A. General:
1. Finish concrete floor surfaces in accordance with ACI 302 AND ACI 304.
2. Uniformly spread, screed, and float concrete. Do not use grate tampers or mesh
rollers. Do not spread concrete by vibration.
3. In areas with floor drains, maintain floor level at walls and pitch surfaces uniformly
to drains as indicated on drawings.
4. Ensure floor surfaces are depressed sufficiently to accommodate finish materials.
B. As-cast finished:
1. Rough form finish:
a. Provide surfaces true to line and plane with no specific requirements for
selected facing materials.
b. Patch tie holes and defects and rub down fins exceeding 1/4 inch (6 mm)
in height with wooden blocks.
c. Otherwise, leave surfaces with the texture imparted by the forms.
2. Smooth form finish:
a. Produce smooth, hard, uniform finish in the same manner as rough form
finish.
b. Remove all fins and patch all tie holes and defects.
3. Smooth Rubbed Finish:
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a. Complete all patching immediately after forms have been removed.
Complete rubbing within one day after from removal.
b. Wet surfaces and rub grout with Carborundum brick, cement from the
rubbing process or similar abrasive until a uniform a texture and color is
achieved.
C. Slab Finishes
1. Scratched Finish:
a. After the concrete has been placed, struck off, consolidated and leveled,
roughen the surface with stiff brushes or rakes before final set.
b. Ensure that finish is true to plane within 1/4 inch in 3 feet as determined
by a 3 foot straightedge placed anywhere on the slab in any direction.
2. Floated Finish:
a. After the concrete has been placed, struck off, consolidated, and leveled,
do not work the concrete further until ready for floating.
b. Floating is to begin when the water sheen has disappeared, and when
the mix has stiffened sufficiently to permit the proper operation of a
power-driven float.
c. Then consolidate the surface with power-driven floats.
d. Hand float with wood or cork faced floats used in locations inaccessible to
the power-driven machine.
e. Recheck trueness of surface at this stage with a 10 foot straightedge
applied at not less than two different angles.
f. Cut down all high spots and fill all low spots during the initial floating
operation.
g. Refloat the slab immediately to a uniform, smooth, granular texture.
h. Ensure that finish is true to plane within 1/4 inch in 10 feet as determined
by a 10 foot straightedge placed anywhere on the slab in any direction.
3. Troweled Finish:
a. After the concrete has received a power float finish as specified above,
finish the surface initially with power trowels, and finally with hand
trowels.
b. After power floating, provide a power trowel finish to produce a smooth
surface free of defects other than minor trowel marks.
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c. Perform additional trowelings by hand after the surface has hardened
sufficiently.
d. Perform the final troweling when a ringing sound is produced as the
trowel is moved over the surface.
e. Consolidate the surface thoroughly by hand troweling operations.
f. Make certain that the finished surface is free of any trowel marks and
uniform in texture and appearance.
g. On surfaces intended to receive floor coverings, remove by grinding any
defects on sufficient magnitude to show through the floor covering.
h. Finish slabs maintaining surface flatness and levelness tolerance, overall
value FF 30/FL 20, and minimum local value FF 25/FL 15.
4. Broom Finish:
a. Perform floating as specified above.
b. After excess water has been removed, provide a transverse scored
texture produced by drawing a broom across the surface.
D. Schedule of Finishes for Formed Surfaces
1. As Cast Rough Form Finish: All concrete surfaces not exposed to view.
2. As Cast Smooth Form Finish: All concrete surfaces not exposed to view after
application of finish material.
3. Smooth Rubbed Finish: All interior and exterior concrete surfaces exposed to
view.
E. Schedule of Finishes for Slab Surfaces
1. Scratched Finish: Slabs and surfaces to receive bonded concrete toppings.
2. Floated Finish: Surface scheduled to receive roofing or waterproofing membranes
and bonded cementitious setting beds.
3. Troweled Finish: Floor surfaces scheduled as exposed, or to receive floor
covering.
4. Broom Finish: Exterior horizontal surfaces.
5. Steel Trowel and Fine Broom Finish: Floors to receive thin-set (dry-set) floor tile.
6. Liquid Hardener: Permanently exposed concrete floors.
3.5 CURING AND PROTECTION
A. Immediately after placement, protect concrete from moisture loss, premature drying,
excessively hot or cold temperatures, and mechanical injury for at least 7 days.
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B. Conform to ACI 308.
C. Prevent rapid drying at the end of the curing period.
D. Accomplish curing by one of the following methods.
1. Ponding or continuous sprinkling.
2. Absorptive mats or fabrics (burlap) kept continuously wet.
3. Use curing compounds as specified. Do not use compounds on any surface
which will receive additional concrete or where concrete hardeners or terrazzo
floors are scheduled to be installed. Remove the compound film from all exposed
surfaces at the end of the curing period.
4. Use non-staining waterproof paper or polyethylene sheeting as specified. Lap
joints 12 inches and weight in place.
3.6 PLACING GROUT
Place grout in accordance with manufacturers recommendations.
3.7 PATCHING
D. Allow Owners Representative to inspect concrete surfaces immediately upon removal of
forms.
E. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Owners
Representative upon discovery.
F. Patch imperfections as directed and in accordance with ACI 301.
3.8 DEFECTIVE CONCRETE
A. Defective Concrete: Concrete not conforming to required lines, details, dimensions,
tolerances or specified requirements.
B. Repair or replacement of defective concrete will be determined by Owners
Representative.
C. Do not patch, fill, touch-up, repair or replace exposed concrete except upon express
direction of Owners Representative for each individual area.
3.9 TESTING LABORATORY SERVICES
A. Perform the following inspections and tests:
1. Perform field inspection and testing in accordance with ACI 301.
2. Review proposed mix design of each class of concrete to verify conformance with
the contract documents.
3. Tests of cement and aggregates may be performed to ensure conformance with
specified requirements.
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4. Sampling and Testing Concrete: Concrete used shall be sampled and tested by
testing laboratory using techniques certified by ACI to determine acceptability as
required by ACI 318 and to demonstrate conformance with specified properties as
follows:
a. Sampling Fresh Concrete: ASTM C 172.
b. Slump: ASTM C 143; one test for each set of compressive strength test
specimens.
c. Air Content: ASTM C 231 pressure method for normal weight concrete;
one for each set of compressive strength specimens.
d. Concrete Temperature: ASTM C 1064; test concrete hourly when air
temperature is 40 degrees F and below, and when 80 degrees F and
above; and when each set of compression test specimens is made.
e. Compressive Strength Specimens: ASTM C 31; one set of three standard
cylinders for each 75 cubic yards or fraction thereof, of each concrete
type placed on any one day, unless otherwise directed. Mold and store
cylinders for laboratory cured test specimens.
f. Compressive Strength Test: ASTM C 39; one specimen tested at 7 days,
two at 28 days, and one retained in reserve for later testing if required.
When frequency of testing will provide less than five strength tests for
given class of concrete, testing shall be conducted from at least five
randomly selected batches or from each batch if fewer than five are used.
5. Evaluation and Acceptance
a. If the measured slump, or air content of air entrained concrete falls
outside the specified limits, a check test shall be made immediately on
another portion of the same sample. In the event of a second failure, the
concrete shall be considered to have failed to meet the requirements of
the specifications, and shall not be used in concrete operations in the
structure.
b. The strength level of the concrete will be considered satisfactory if all sets
of three (3) consecutive strength test results are equal to, or exceed
specified strength.
c. Completed concrete work will be accepted when the requirements of the
Specifications for Structural Concrete for Buildings ACI 301, Chapter 18,
have been met.
d. In any case where the average strength of the laboratory control
cylinders, as shown by the tests for any portion of the structure, falls
below the minimum ultimate compressive strength herein before
specified, the Contractor shall provide improved curing conditions of
temperature and moisture and/or purpose adjustments to the mix design
to secure the required strength. Also, if the average strength of the
laboratory control cylinders should follow the core test procedure set forth
in ACI 301, Chapter 17 in locations approved by the Architect. At least
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three cores shall be taken for each strength test more than 500 psi below
indicate, in the opinion of the Architects, that the strength of the structure
is inadequate, such replacement, load testing, or strengthening, as may
be ordered by the Architect, shall be provided by the Contractor without
cost to the Owner.
6. Concrete Test Reports:
a. Quality Assurance: ACI 311.
b. Complete and distribute report immediately after inspections and tests
are complete.
c. If the report indicates non-conformance with the contract documents,
then a probable cause and a recommendation for corrective action shall
be included.
d. Comply with ACI 311, Guide for Concrete Inspection.
e. If the testing laboratory observes a trend of decreasing quality of the
concrete due to weather conditions or other cause, then the testing
laboratory shall notify the A/E and provide a proactive corrective action
recommendation before concrete falls below specified requirement.
f. The testing laboratory shall control the addition of water to the concrete at
the jobsite and the length of time the concrete is allowed to remain in the
truck before placement. The inspector shall compare the mixture with the
significant deviation to the A/E, Contractor and concrete supplier.
Corresponding adjustments shall be made before the concrete is
discharged, or the load shall be rejected and not placed.
g. The testing laboratory shall certify each delivery ticket indicating class of
concrete delivered (or poured), amount of water added and the time at
which the cement and aggregate was discharged into the truck, and the
time at which the concrete was discharged from the truck.
END OF SECTION
Item 11
Item 11