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06.11.19 Town Council Regular Meeting PacketPISPER TOWN OF Prosper is a place where everyone matters. AGENDA Agenda Briefing and Regular Meeting of the Prosper Town Council Council Chambers Prosper Town Hall 200 S. Main Street, Prosper, Texas Tuesday, June 11, 2019 5:45 p.m. AGENDA BRIEFING — EXECUTIVE CONFERENCE ROOM — OPEN TO THE PUBLIC 1. Call to Order/Roll Call. 2. Questions about items listed on the Regular Meeting Agenda. 3. Discussion Items: • Discussion on Reduction of Inflow and Infiltration. (FJ) THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15 P.M. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. Presentations. • Presentation on the Collin County Transit Program. (RB) • Presentation of the American Heart Association's Mission: Lifeline EMS Recognition to members of the Prosper Fire Rescue staff. (SB) 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. Zoning -related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent Agenda should complete a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting. 5a. Consider and act upon minutes from the following Town Council meeting. (RB) Regular Meeting — May 28, 2019 Page 1 of 3 5b. Consider and act upon approving a Microsoft Enterprise Software Agreement, from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute all related documents for the same. (LJ) 5c. Consider and act upon awarding Bid No. 2019-53-A to Wopac Construction, Inc. as the primary vendor, and HQS Construction, LLC as the secondary vendor, at the unit prices bid, to establish an annual fixed -price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. (FJ) 5d. Consider and act upon a resolution approving the Environmental Review Checklist for Local Projects as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount" approved by Town Council on March 13, 2018, for the construction of the realignment and intersection improvements on FM 1385 with the new Gee Road (Fishtrap Road). (PA) 5e. Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265. (MJ) 5f. Consider and act upon an ordinance amending Section 1.09.021 of Chapter 1, "General Provisions," and Section 4.09.004, of Chapter 4, "Business Regulations," of the Town's Code of Ordinances relative to permits and insurance requirements for special events and temporary outdoor seasons sales on Town property, including Town parks. (AG) 5g. Consider and act upon a request by Cedarbrook Media, LLC to sell alcoholic beverages during the Pride in the Sky event at Frontier Park on July 3, 2019. (AG) 5h. 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) 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. 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. Page 2 of 3 ITEMS FOR INDIVIDUAL CONSIDERATION: 7. Consider and act upon authorizing the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. (HW) 8. EXECUTIVE SESSION: Recess into Closed Session in Government Code, as authorized regarding: compliance with Section 551.001 et seq. Texas by the Texas Open Meetings Act, to deliberate 8a. Section 551.087 — To discuss and consider economic development incentives. 8b. 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. 8C. Section 551.071 — Consultation with the Town Attorney regarding legal issues associated with annexation of property, and all matters incident and related thereto. 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 11. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, June 7, 2019, and remained so posted at least 72 hours before said meeting was convened. Robyn Battle, Town Secretary/PIO Date Notice 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. Page 3 of 3 ISPER OWN OF Prosper is a place where everyone matters. AGENDA BRIEFING Call to Order/Roll Call. The meeting was called to order at 5:45 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Marcus E. Ray Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Item 5a MINUTES Agenda Briefing and Regular Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, May 28, 2019 Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Engineering Services Director John Webb, Development Services Director Pete Anaya, Assistant Director of Engineering Services — Capital Projects Frank Jaromin, Public Works Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director January Cook, Purchasing Agent Dudley Raymond, Parks and Recreation Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2. Questions about items listed on the Regular Meeting Agenda. Regarding Item 5e, the Council questioned whether the project was consistent with the overall Downtown road improvement strategy. Public Works Director Frank Jaromin referred to a list of road projects that was developed in 2007. Most of the projects will be completed within two years. Town staff will hold public meetings and place door hangers to notify residents in the area about the upcoming project. 3. Discussion Items: • Discussion on Prosper Downtown Live! (DR) Parks and Recreation Director Dudley Raymond briefed the Council on the event held on May 24. Town staff estimates the event had 1,800-2,000 in attendance. Overall, Page 1 of 7 Item 5a the event was successful with no major medical or police incidents, although the high winds prevented the bounce houses from setting up. Transportation ran smoothly, as did food and beverage service, although some of the food trucks ran out of supplies. Town Manager Harlan Jefferson complimented the staff for their work on the event. No decision was made on whether the event would be repeated next year. The Agenda Briefing was adjourned at 6:10 p.m. THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15 P.M. Call to Order/Roll Call. The meeting was called to order at 6:15 p.m. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler with First Presbyterian Church of Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Councilmember Ray read the following announcements: The Prosper Town Council would like to thank everyone who attended Downtown Live! on Friday night to celebrate our newly -revitalized downtown area. Guests enjoyed food, drinks, entertainment and live music throughout the evening. Early voting for the Runoff Election for Town Council Place 4 began today, and will continue through June 4. Election Day is June 8. Collin County voters may vote in the Community Room in Prosper Town Hall, and Denton County voters may vote at Prosper Fire Station 2. Election information is available on the Town website. The Prosper Community Library's Summer Reading Program kicks off on May 30 and continues through July 25. Please check the Town website or visit the Library to sign up, and to find out more about summer programs. Registration is now open for Prosper's summer recreation programs, sports, and activity camps, including Drama Camp, 3D Printing, Robotics, Archery, and Tennis. Sign up at www. ProsgerParksand Rec.ora. The Prosper Town Council would like to congratulate the Prosper High School Class of 2019. This year's senior class celebrated their graduation on Saturday, May 25, at The Star in Frisco. Our best wishes to the 2019 graduates and their families. 4. Presentations. • Presentation of a Proclamation to members of the Prosper Eagle Lacrosse Team declaring May 28, 2019, as "Prosper Eagle Lacrosse Day." The Prosper Eagle Lacrosse Team received the Proclamation from Mayor Smith, as well as congratulatory letters from the entire Town Council. Page 2 of 7 Item 5a 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. Zoning -related Public Hearing items on the Consent Agenda have received a unanimous recommendation for approval by the Planning & Zoning Commission, and no written opposition was received prior to the posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent Agenda should complete a "Public Meeting Appearance Card" and present it to the Town Secretary prior to the meeting. 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Special Meeting to Canvass Election — May 13, 1019 • Regular Meeting — May 14, 2019 5b. Receive the March Financial Report (KN) 5c. Receive the Quarterly Investment Report (KN) 5d. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement and a Business Associate Agreement between Columbia Medical Center of Plano Subsidiary, L.P., dba Medical City Plano, and the Town of Prosper, Texas, related to medical director/control services; and authorizing the Town Manager to execute same. (SB) 5e. Consider and act upon awarding Bid No. 2019-49-B to DDM Construction Corporation, related to construction services for the East Fifth Street, North Street, Lane Street,and Related Water Lines project; and authorize the Town Manager to execute a construction agreement for same. (FJ) 5f. Consider and act upon awarding Bid No. 2019-55-B to Anderson Asphalt & Concrete Paving, LLC, related to construction services for the Miscellaneous Asphalt Patching project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) 5g. Consider and act upon approving Resolution No. 19-33 supporting the U.S. Census Bureau's 2020 Decennial Census program and pledging participation in local initiatives including a Complete Count Committee. (AG) Councilmember Hodges made a motion and Councilmember Miller seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 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. Page 3 of 7 Item 5a 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. ITEMS FOR INDIVIDUAL CONSIDERATION: 7. Discussion on the Downtown Monument Sign. (DR) Dudley Raymond, Parks and Recreation Director, introduced Landscape Architect Paul Naughton who provided some background on the Downtown Monument Sign Project. Mr. Naughton introduced Lenny Hughes with Halff Associates, the architect for the project. Mr. Hughes reviewed the latest schematic designs for the monument. The Council discussed the various designs, and provided direction to move forward with design 3.1. The final Downtown Monument Sign design will be repeated in various forms throughout the Town at key intersections. Mr. Raymond confirmed that Halff Associates will finalize the monument design, and Town staff will begin the process of applying for permits, securing escrow funds from Brown & Griffin per the escrow agreement, and preparing construction documents. No further action was taken. 8. Consider and act upon amending Ordinance No. 18-71 (FY 2018-2019 Budget) and Capital Improvement Plan. (KN) 9. Consider and act upon approving a Guaranteed Maximum Price (GMP) Amendment, First Amendment to Addendum A133 of the Standard Form of Agreement AIA Document A133-2009, and First Amendment to Addendum A210 of the General Conditions of the Contract for Construction AIA Document A201-2007 between Pogue Construction Co., L.P., and the Town of Prosper, related to Construction Manager -At -Risk services for the Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; and authorizing the Town Manager to execute same. (DK) Mayor Smith opened Items 8 and 9 concurrently. Hulon Webb, Director of Engineering Services, presented this item before the Town Council. Mr. Webb reviewed the history of the project and budget estimates since September 2017 when the project was approved as part of the Town's Capital Improvement Plan. The current estimated cost for the construction, professional services, development costs, Furniture, Fixtures, and Equipment (FIFE), and contingency funds is reflected in the CIP summary as $15,859,696. Finance Director Kelly Neal confirmed that funding for the project has come from the General Fund as well as issued and planned debt. Staff recommended to the Finance Subcommittee on March 26, 2019, that additional project funding of $1.3 million be funded from the General Fund fund balance. The Finance Subcommittee approved this recommendation. Staff has since reviewed all completed projects with cost savings as well Page 4 of 7 Item 5a as interest earned on current debt proceeds. Those funding sources have been applied to this project and have reduced the General Fund fund balance contribution to $1,131,293. Mr. Webb confirmed the current square footage for the facility is 23,359. The Council questioned the cost of the enhancements and alternate items that have been added to the project, expressing concern about the increase in the overall cost of the project. Mr. Webb updated the Council on the project timeline. Construction is expected to commence in June 2019, with substantial completion in August 2020 and an expected move -in date in October 2020. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres seconded the motion to approve Ordinance No. 19-34 amending Ordinance No. 18-71 (FY 2018-2019 Budget) and Capital Improvement Plan to provide funding increase expenditures for capital projects from appropriated funds. The motion was approved by a vote of 7-0. Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to approve a Guaranteed Maximum Price (GMP) Amendment, First Amendment to Addendum A133 of the Standard Form of Agreement AIA Document A133-2009, and First Amendment to Addendum A210 of the General Conditions of the Contract for Construction AIA Document A201-2007 between Pogue Construction Co., L.P., and the Town of Prosper, related to Construction Manager -At -Risk services for the Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; and authorizing the Town Manager to execute same. The motion was approved by a vote of 7-0. 10. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas, related to construction materials testing for the Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility project. (HW) Hulon Webb, Engineering Services Director, presented this item before the Town Council. Alliance Geotechnical Group will provide construction materials testing for the earthwork, lime stabilized subgrade, drilled shaft installation, reinforcing steel, cast -in -place concrete, masonry, and structural steel for the Public Safety Complex Phase 1 (Police Station and Dispatch) Facility project. Mr. Webb confirmed the contract amount is $114,177.50. Responding to a question from the Town Council regarding overtime payments, Fire Marshal Bryan Ausenbaugh noted that while the project may be managed to minimize overtime, it will be impossible to avoid it altogether. After discussion, Councilmember Miller made a motion and Councilmember Andres seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Alliance Geotechnical Group, and the Town of Prosper, Texas, related to construction materials testing for the Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility project. The motion was approved by a vote of 7-0. 11. Consider and act upon approving Change Order Number 01 for Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorizing the Town Manager to execute Change Order Number 01 for same. (PA) Page 5 of 7 Item 5a Pete Anaya, Assistant Director of Engineering Services — Capital Projects, presented this item before the Town Council. In March 2019, Mario Sinacola & Sons Excavating, Inc. was awarded the bid for the E-W Collector Roadway Improvement project, which also included the construction of a 12" water line from DNT to Cook Lane and up Cook Lane to the north to connect to an existing water line. Since that time, the Town has adopted new lime depth requirements based on the newly adopted subgrade standards that were not included in the specifications for the project. Additionally, Town staff has added sanitary sewer stub outs to the scope of the project, and a portion of the future extension of a water line down Cook Lane from the E-W Collector to First Street was extended to the proposed southern driveway of the Police Station. In order to facilitate the timing of the Police Station project, a temporary access road will now be constructed down Cook Lane from where it ends today to the Public Safety Complex property. After discussion, Councilmember Hodges made a motion and Councilmember Andres seconded the motion to approve Change Order Number 01 for Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorize the Town Manager to execute Change Order Number 01 for same. The motion was approved by a vote of 7-0. 12. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas, related to the design of Fishtrap Road (Sections 1 and 4) and the schematic design of Fishtrap Road (Elementary to DNT) project. (PA) Pete Anaya, Assistant Director of Engineering Services — Capital Projects, presented this item before the Town Council. This project is for the design of Fishtrap Road from east of Teel Parkway to the west side of the new middle school (Segment 1) and from the east side of the new middle school to Legacy Elementary School (Segment 4). Each segment will be widened from a two-lane asphalt road to a four -lane concrete curb and gutter divided roadway. The design is being coordinated with the Prosper Independent School District (PISD), which is designing and constructing Fishtrap Road adjacent to the new middle school (Segments 2 and 3). In addition to the road design, Teague Nall and Perkins will perform an alignment study, with schematics, for the segment of Fishtrap Road from Legacy Elementary School to Dallas North Tollway. Town staff will coordinate with PISD, as well as Spiars Engineering, which is designing the intersection of Fishtrap and Teel, and Stantec Consulting Services, which is designing the traffic signal at Fishtrap and Teel, since all four projects could be in some stage of construction at the same time. After discussion, Councilmember Hodges made a motion and Councilmember Andres seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Teague Nall and Perkins, Inc., and the Town of Prosper, Texas, related to the design of Fishtrap Road (Segments 1 and 4) and the schematic design of Fishtrap Road (Elementary to DNT) project. The motion was approved by a vote of 7-0. 13. 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: 13a. Section 551.087 — To discuss and consider economic development incentives. Page 6 of 7 Item 5a 13b. 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. 13c. Section 551.071 — Consultation with the Town Attorney about legal issues associated with TABC and related permits for functions and events on Town property, and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:21 p.m. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:58 p.m. No action was taken as a result of Executive Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. This item was not discussed. 16. Adjourn. The meeting was adjourned at 8:58 p.m., on Tuesday, May 28, 2019. These minutes approved on the 11t" day of June 2019. ATTEST: Robyn Battle, Town Secretary APPROVED: Ray Smith, Mayor Page 7 of 7 P;IOSPER WN OF Prosper is a place where everyone matters. To: Mayor and Town Council INFORMATION TECHNOLOGY From: Leigh Johnson, Director of Information Technology Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Item 5b Agenda Item: Consider and act upon approving a Microsoft Enterprise Agreement, from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute all related documents for the same. Description of Item: In order to simplify licensing for the Town's servers, workstations, and productivity software, the I.T. Division recommends establishing a Microsoft Enterprise Agreement (MSEA). To date, licenses have to be purchased for each individual user, computer, and server purchased by the Town. The license tracking process is a time-consuming manual process and licenses have to be purchased multiple times per year (as staffing or equipment changes occur). The MSEA simplifies this process, requiring only a software -automated annual audit to capture any adds or deletions from the previous year. By submitting this order, the Town is entering into a three-year MSEA, and will be billed annually based on the size of staff and infrastructure at the time of billing. The MSEA pricing is calculated annually and is not affected by mid -year staffing or infrastructure changes until the following year, when any increases are applied to the next annual payment. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal agreement with the Texas Comptroller of Public Accounts Cooperative Purchasing Program (formerly, Texas Building and Procurement Commission) on March 14, 2006. Participation in the program allows our local government to purchase goods and services through the cooperative contract, DIR contracts included, while satisfying all competitive bidding requirements. Budqet Impact: The FY 2019 cost of the agreement is $102,277.19. The purchase will be funded from 100-5419- 10-05 IT Licenses. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Page 1 of 2 Item 5b Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the Agreement and all related documents as to form and legality. Attachments: 1. SHI quote 2. Microsoft Business and Services Agreement 3. Microsoft Enterprise Enrollment 4. Microsoft Supplemental Contact Information Form 5. Microsoft Program Signature Form 6. Microsoft Qualifying Government Entity Addendum 7. Microsoft Previous Enrollment Agreement Form 8. Microsoft Enterprise Subscription Enrollment Product Selection Form 9. Microsoft Enterprise Agreement 10. MSEA Cost Analysis Town Staff Recommendation: Town staff recommends approving the Microsoft Enterprise Agreement, from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute all related document for the same. Proposed Motion: I move to approve the Microsoft Enterprise Agreement from SHI Government Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract; and authorize the Town Manager to execute all related documents for the same. Page 2 of 2 W. Item 5b Government ent olut ons Town Of Prosper Leigh Johnson 121 W. Broadway Prosper, Texas 75078 UNITED STATES Phone: (972) 569-1150 Fax: Email: IeighJohnson@prospertx.gov All Prices are in US Dollar (USD) Product 1 Microsoft 365 E5 without Windows Defender Advanced Threat Protection/Cloud App Security - Subscription license (1 month) - 1 user - hosted - GOV - EA Subscription, Government Community Cloud - All Languages Microsoft - Part#: AAA-99953 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 2 Microsoft 365 F1 Full USL - Subscription license - 1 user - hosted - GOV - EA Subscription, Government Community Cloud - All Languages Microsoft - Part#: AAA-97791 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 Pricing Proposal Quotation #: 15507644 Created On: 6/15/2018 Valid Until: 5/31/2019 Inside Account Executive Jessica Vos 290 Davidson Ave Somerset, NJ 08873 Phone: 800-477-6479 Fax: 800-477-6479 Email: Jessica_Vos@shi.com Qty Your Price Total 89 $559.92 $49,832.88 191 $108.05 $20,637.55 3 Windows Enterprise for SA - Subscription license (1 month) - 1 user - Platform - EA 50 $57.96 $2,898.00 Subscription - All Languages Microsoft - Part#: AAA-10798 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 4 Microsoft Visio Pro for Office 365 - Subscription license - 1 user - hosted - GOV - 10 $147.35 $1,473.50 EA Subscription, Government Community Cloud - All Languages Microsoft - Part#: P3U-00001 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 5 Microsoft Windows Server Datacenter Edition - License & software assurance - 2 32 $288.96 $9,246.72 cores - Enterprise - All Languages Microsoft - Part#: 9EA-00039 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 6 Microsoft SQL Server Standard Edition - License & software assurance - 1 server - 1 $336.44 Item 5b $336.44 academic - Enterprise, Select, Select Plus, EES - Win - All Languages Microsoft - Part#: 228-04437 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 7 Microsoft SQL Server - License & software assurance - 1 user CAL - Enterprise, 60 $78.56 $4,713.60 Select, Select Plus - additional product - All Languages Microsoft - Part#: 359-00960 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 8 Microsoft Core CAL - License & software assurance - 1 device CAL - Enterprise 50 $73.67 $3,683.50 Win - All Languages Microsoft - Part#: W06-00022 9 OfficeProPlus ALNG LicSAPk MVL Microsoft - Part#: 269-05623 Contract Name: Microsoft Software VAR Contract #: DIR-TSO-4092 Note: Year 1 of 3 Additional Comments Service Level Agreements: 50 $189.10 $9,455.00 Subtotal $102,277.19 Shipping $0.00 Total $102,277.19 1. Quotes: Quote requests will be acknowledged within 4 business hours of each request. Under normal circumstances, quotes will be provided within 24-48 hours of the initial request. If quotes will take longer than this timeframe, status updates will be provided at reasonable intervals. 2. Orders: All valid orders will be processed within 24 hours. 3. Contract Documents: All submissions will be reviewed and responded to within 24 business hours. Actual processing time will vary based on quality and complexity of the submission. Thank you for choosing SHI-GS! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. SHI Government Solutions, Inc. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3695478; DUNS# 14-724-3096 DIR-SDD-2503 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions. unless a separate resale agreement exists between SHI and the Customer. Item ■1 Microsoft Business and Services Agreement This Microsoft Business and Services Agreement ("MBSA") is entered into by the entities identified on the signature form, and its terms and conditions are incorporated by reference into any Supplemental Agreement under which Customer or its Affiliates acquire Products or Professional Services. 1. Definitions. In this agreement, the following definitions apply: "Affiliate" means any legal entity that controls, is controlled by, or that is under common control with a party. "Control" means ownership of more than a 50% interest of voting securities in an entity or the power to direct the management and policies of an entity. "Customer" means the legal entity that has entered into this agreement. "Customer Data" means all data, including all text, sound, software, image or video files that are provided to Microsoft by, or on behalf of, Customer and its Affiliates through use of Online Services. "day" means a calendar day. "Fixes" means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as Product service packs), or provides to Customer to address a specific issue. "Microsoft" means the Microsoft Affiliate that has entered into this agreement and its Affiliates, as appropriate. "Online Services" means the Microsoft -hosted services identified as Online Services in the Product Terms. "Online Services Terms" means the additional terms that apply to Customer's use of Online Services published on the Volume Licensing Site and updated from time to time. "Pre -Existing Work" means any computer code or other written materials developed or otherwise obtained independent of this agreement. "Product" means all products identified in the Product Terms, such as all Software, Online Services and other web -based services, including pre-release or beta versions. Product availability may vary by region. "Product Terms" means the document that provides information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document is published on the Volume Licensing Site and is updated from time to time. "Professional Services" means Product support services and Microsoft consulting services provided to Customer under this agreement. "Professional Services" does not include Online Services. "SLA" means Service Level Agreement, which specifies the minimum service level for Online Services and is published on the Volume Licensing Site. "Services Deliverables" means any computer code or materials, other than Products or Fixes, that Microsoft leaves with Customer at the conclusion of Microsoft's performance of Professional Services. "Software" means licensed copies of Microsoft software identified on the Product Terms. Software does not include Online Services or Services Deliverables, but Software may be part of an Online Service. "Statement of Services" means any work orders or other description of Professional Services that incorporates this MBSA. "Supplemental Agreement" means any agreement that incorporates this MBSA. "Trade Secret" means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy. "use" or "run" means to copy, install, use, access, display, run or otherwise interact with. MBSA2016Agr(WW)(ENG)(Feb2017) Page 1 of 7 Document X20-10008 Item 5b "Use Rights" means the use rights or terms of service for each Product published on the Volume Licensing Site and updated from time to time. The Use Rights supersede the terms of any end user license agreement that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Use, ownership, rights, and restrictions. a. Products. Unless otherwise specified in a Supplemental Agreement, use of any Product is governed by the Use Rights specific to each Product and version and by the terms of the applicable Supplemental Agreement. b. Fixes and Services Deliverables. (i) Fixes. Each Fix is licensed under the same terms as the Product to which it applies. If a Fix is not provided for a specific Product, any use rights Microsoft provides with the Fix will apply. (ii) Pre -Existing Work. All rights in Pre-existing Work will remain the sole property of the party providing it. Each party may use, reproduce and modify the other party's Pre-existing Work only as needed to perform obligations related to Professional Services. (III) Services Deliverables. Upon payment in full for the Professional Services, Microsoft grants Customer a non-exclusive, non -transferable, perpetual license to reproduce, use and modify the Services Deliverables solely for Customer's internal business purposes, subject to the terms and conditions in this agreement. (iv) Affiliates' rights. Customer may sublicense its rights in Services Deliverables to its Affiliates, but Customer's Affiliates may not sublicense these rights. Customer is liable for ensuring its Affiliates' compliance with this agreement. c. Non -Microsoft software and technology. Customer is solely responsible for any non - Microsoft software or technology that it installs or uses with the Products, Fixes, or Services Deliverables. d. Restrictions. Customer must not (and is not licensed to) (1) reverse engineer, decompile or disassemble any Product, Fix, or Services Deliverable; (2) install or use non -Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product, Fix or Services Deliverable or restrictions in Product documentation. Except as expressly permitted in this agreement, a Supplemental Agreement or Product documentation, Customer must not (and is not licensed to) (1) separate and run parts of a Product or Fix on more than one device, upgrade or downgrade parts of a Product or Fix at different times, or transfer parts of a Product or Fix separately; or (2) distribute, sublicense, rent, lease, lend any Products, Fixes, or Services Deliverables, in whole or in part, or use them to offer hosting services to a third party. e. Reservation of rights. Products, Fixes, and Services Deliverables are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights to access or use Software on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices. 3. Confidentiality. "Confidential Information" is non-public information that is designated "confidential" or that a reasonable person should understand is confidential, including Customer Data and the terms of Microsoft agreements. The Online Services Terms may provide additional obligations for, and limitations on disclosure and use of, Customer Data. Confidential Information does not include information that (1) becomes publicly available without a breach of this agreement, (2) the receiving party received lawfully from another source without a confidentiality obligation, (3) is independently MBSA2016Agr(WW)(ENG)(Feb2017) Page 2 of 7 Document X20-10008 Item 5b developed, or (4) is a comment or suggestion volunteered about the other party's business, products or services. Each party will take reasonable steps to protect the other's Confidential Information and will use the other party's Confidential Information only for purposes of the parties' business relationship. Neither party will disclose that Confidential Information to third parties, except to its employees, Affiliates, contractors, advisors and consultants ("Representatives") and then only on a need -to -know basis under nondisclosure obligations at least as protective as this agreement. Each party remains responsible for the use of the Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party. A party may disclose the other's Confidential Information if required by law; but only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order. Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of information retained in Representatives' unaided memories in the development or deployment of the parties' respective products or services does not create liability under this agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly. These obligations apply (1) for Customer Data until it is deleted from the Online Services, and (2) for all other Confidential Information, for a period of five years after a party receives the Confidential Information. 4. Privacy and compliance with laws. a. Customer consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this agreement. Customer will obtain all required consents from third parties (including Customer's contacts, resellers, distributors, administrators, and employees) under applicable privacy and data protection law before providing personal information to Microsoft. b. Personal information collected under this agreement (1) may be transferred, stored and processed in the United States or any other country in which Microsoft or its service providers maintain facilities and (2) will be subject to the privacy terms specified in the Use Rights. Microsoft will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of personal data from the European Economic Area and Switzerland. c. U.S. export. Products, Fixes, and Services Deliverables are subject to U.S. export jurisdiction. Customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end -user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies. 5. Warranties. a. Limited warranties and remedies. (i) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the date Customer is first licensed for that version. If it does not, and Customer notifies Microsoft within the warranty term, then Microsoft will, at its option (1) return the price Customer paid for the Software license, or (2) repair or replace the Software. Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer's use. Customer's remedies for breach of this warranty are in the SLA. (iii) Professional Services. Microsoft warrants that it will perform Professional Services with professional care and skill. If Microsoft fails to do so, and Customer notifies Microsoft within 90 days of the date the Professional Services were performed, then Microsoft will, at its discretion, either re -perform the Professional Services or return the price Customer paid for them. MBSA2016Agr(WW)(ENG)(Feb2017) Page 3 of 7 Document X20-10008 Item 5b The remedies above are Customer's sole remedies for breach of the warranties in this section. Customer waives any breach of warranty claims not made during the warranty period. b. Exclusions. The warranties in this agreement do not apply to problems caused by accident, abuse or use in a manner inconsistent with this agreement, including failure to meet minimum system requirements. These warranties do not apply to free, trial, pre- release, or beta products, or to components of Products that Customer is permitted to redistribute. c. Disclaimer. Except for the limited warranties above, Microsoft provides no other warranties or conditions and disclaims any other express, implied or statutory warranties, including warranties of quality, title, non -infringement, merchantability, and fitness for a particular purpose. 6. Defense of third party claims. The parties will defend each other against the third -party claims described in this section and will pay the amount of any resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the claim and has the right to control the defense and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority. The defending party will reimburse the other party for reasonable out-of-pocket expenses it incurs in providing assistance. This section describes the parties' sole remedies and entire liability for such claims. a. By Microsoft. Microsoft will defend Customer against any third -party claim to the extent it alleges that a Product, Fix or Services Deliverable made available by Microsoft for a fee and used within the scope of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may, at its option, either (1) modify or replace the Product, Fix or Services Deliverable with a functional equivalent; or (2) terminate Customer's license and refund any prepaid license fees (less depreciation on a five-year, straight-line basis) for perpetual licenses and any amount paid for Online Services for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer's continued use of a Product, Fix, or Services Deliverable after being notified to stop due to a third -party claim. b. By Customer. To the extent permitted by applicable law, Customer will defend Microsoft against any third -party claim to the extent it alleges that: (1) any Customer Data or non - Microsoft software hosted in an Online Service by Microsoft on Customer's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Customer's use of any Product, Fix, or Services Deliverable alone or in combination with anything else, violates the law or damages a third party. 7. Limitation of liability. For each Product or Professional Service, each party's maximum, aggregate liability to the other under each Supplemental Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Customer was required to pay for the applicable Products or Professional Services during the term of the Supplemental Agreement, subject to the following: a. Online Services. For Online Services, Microsoft's maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Online Service during the 12 months before the incident. b. Free Products and Distributable Code. For Products and Professional Services provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to direct damages finally awarded up to US$5,000. MBSA2016Agr(WW)(ENG)(Feb2017) Page 4 of 7 Document X20-10008 Item 5b Exclusions. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability. d. Exceptions. No limitation or exclusions will apply to liability arising out of either party's (1) confidentiality obligations (except for all liability related to Customer Data, which will remain subject to the limitations and exclusions above); (2) defense obligations; or (3) violation of the other party's intellectual property rights. 8. Verifying compliance. a. Right to verify compliance. Customer must keep records relating to all use and distribution of Products by Customer and its Affiliates. Microsoft has the right, at its expense, to verify compliance with the Products' license terms. Customer must promptly provide the independent auditor with any information the auditor reasonably requests in furtherance of the verification, including access to systems running the Products and evidence of licenses for Products Customer hosts, sublicenses, or distributes to third parties. Customer agrees to complete Microsoft's self -audit process, which Microsoft may require as an alternative to a third party audit. b. Remedies for non-compliance. If verification or self -audit reveals any unlicensed use of Products, then within 30 days (1) Customer must order sufficient licenses to cover its use, and (2) if unlicensed use or distribution is 5% or more, Customer must reimburse Microsoft for the costs Microsoft incurred in verification and acquire the necessary additional licenses at 125% of the price, based on the then -current price list and Customer price level. The unlicensed use percentage is based on the total number of licenses purchased for current use compared to actual install base. If there is no unlicensed use, Microsoft will not subject Customer to another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce this agreement or to protect its intellectual property by any other legal means. Verification process. Microsoft will notify Customer at least 30 days in advance of its intent to verify Customer's compliance with the license terms for the Products Customer and its Affiliates use or distribute. Microsoft will engage an independent auditor, which will be subject to a confidentiality obligation. Any information collected in the self -audit will be used solely for purposes of determining compliance. This verification will take place during normal business hours and in a manner that does not interfere unreasonably with Customer's operations. 9. Term and termination. Term. The effective date of this MBSA will be the earlier of either the date the MBSA is executed by Microsoft or the effective date of the first Supplemental Agreement. The MBSA is effective until terminated by a party, as described below. b. Termination. Either party may terminate this MBSA on 60 days' notice. Termination will not affect any existing orders or Supplemental Agreements, but Customer will no longer be able to enter into Supplemental Agreements after the effective date of termination. c. Professional Services termination. If Customer terminates a Statement of Services as a result of a breach by Microsoft, Customer must pay all amounts due under the Statement of Services as of the termination date. Upon Microsoft's receipt of payment for the Professional Services, Customer's interests in the Services Deliverables will vest. Microsoft has no obligation to continue to provide Professional Services if Customer fails to make timely payment for the Professional Services. 10. Miscellaneous. a. Use of contractors. Microsoft may use contractors to perform services, but will be responsible for their performance, subject to the terms of this agreement. MBSA2016Agr(WW)(ENG)(Feb2017) Page 5 of 7 Document X20-10008 Item 5b b. Microsoft as independent contractor. The parties are independent contractors. Customer and Microsoft each may develop products independently without using the other's Confidential Information. c. Notices. Notices to Microsoft must be sent to the address on the signature form. Notices must be in writing and will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Customer about upcoming ordering deadlines, services and subscription information in electronic form, including by email to contacts provided by Customer. Emails will be treated as delivered on the transmission date. d. Agreement not exclusive. Customer is free to enter into agreements to license, use, or promote non -Microsoft products or services. e. Amendments. Any amendment to this agreement must be executed by both parties, except that Microsoft may change the Product Terms and Use Rights from time to time, subject to the terms of this agreement. Any additional or conflicting terms and conditions contained in Customer's or a Partner's purchase order are expressly rejected and will not apply. Microsoft may require Customer to sign a new agreement or an amendment to an existing agreement before processing a new order or entering into a Supplemental Agreement. f. Assignment. Either party may assign this agreement to an Affiliate, but it must notify the other party in writing of the assignment. Any other proposed assignment must be approved by the non -assigning party in writing. Assignment will not relieve the assigning party of its obligations under the assigned agreement. Any attempted assignment without required approval will be void. g. Applicable law. The terms of each Supplemental Agreement entered into with any Microsoft Affiliate located outside of Europe will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States. The terms of each Supplemental Agreement entered into with a Microsoft Affiliate located in Europe will be governed by and construed in accordance with the laws of Ireland. Any dispute arising out of or in relation to Professional Services will be governed by the law of the jurisdiction where the Microsoft Affiliate executing the relevant Statement of Services is organized. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this agreement. h. Dispute resolution. When bringing an action arising under this agreement, the parties agree to the following exclusive venues: (i) If Microsoft brings the action, the venue will be where Customer's contracting Affiliate has its headquarters; (ii) If Customer brings the action to enforce a Statement of Services, the venue will be where the Microsoft Affiliate executing the Statement of Services has its headquarters. For all other actions, (1) If Customer brings the action against any Microsoft Affiliate located outside of Europe, the venue will be the state or federal courts in King County, State of Washington, U.S.A.; and (2) If Customer brings the action against any Microsoft Affiliate located in Europe, and not also against a Microsoft Affiliate located outside of Europe, the venue will be in Ireland. The parties consent to personal jurisdiction in the agreed venue. This choice of venue does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations. i. Severability. If any provision in this agreement is held to be unenforceable, the balance of the agreement will remain in full force and effect. j. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. k. No third -party beneficiaries. This Agreement does not create any third -party beneficiary rights. MBSA2016Agr(WW)(ENG)(Feb2017) Page 6 of 7 Document X20-10008 Item 5b I. Survival. All provisions survive termination or expiration of this agreement except those requiring performance only during the term of the agreement. m. Professional Services payment terms. Customer agrees to pay all fees in a Statement of Services within 30 days of the date of invoice, unless the Statement of Services provides otherwise. Microsoft may assess a finance charge of the lesser of 18% per annum, accrued, calculated and payable monthly, or the highest amount allowed by law, on all past due amounts due to Microsoft. Microsoft will have no obligation to continue to provide Professional Services if Customer fails to make timely payment. n. Taxes. If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. Customer shall pay all value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges, or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and that Microsoft is permitted to collect from Customer under applicable law. Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay, including any taxes that arise on the distribution or provision of Products or Professional Services by Customer to its Affiliates. Microsoft shall be responsible for payment of all taxes based upon its net income, gross receipts taxes imposed in lieu of taxes on income or profits, or taxes on Microsoft's property ownership. If any taxes are required to be withheld on payments made to Microsoft, Customer may deduct such taxes from the amount owed and pay them to the appropriate taxing authority; provided, however, that Customer promptly secures and delivers to Microsoft an official receipt for those withholdings and other documents Microsoft reasonably requests to claim a foreign tax credit or refund. Customer must ensure that any taxes withheld are minimized to the extent possible under applicable law. 11. Country -specific provisions. The country -specific provisions available at the VolumeLicensing Site that correspond with the version of this MBSA (as noted in the footer of each document) replace or supplement the equivalent provisions above as noted therein where the Customer is located in the countries identified in the country -specific terms and in any case where the law of the jurisdictions listed in the country -specific provisions gets applied. MBSA2016Agr(WW)(ENG)(Feb2017) Page 7 of 7 Document X20-10008 Item 5b Mm! M Ec rosoft Enterprise Enrollment (Indirect) Enterprise Enrollment number Microsoft to complete Previous Enrollment number Reseller to complete Volume Licensing Corporate This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities identified on the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer's Affiliate, that entered into the Enterprise Agreement identified on the signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the terms of either the Microsoft Business Agreement or Microsoft Business and Services Agreement ("Master Agreement") identified on the signature form, (4) the Product Selection Form, (5) the Product Terms, (6) the Online Service Terms, (7) any Supplemental Contact Information form, Previous Agreement/Enrollment form and other forms that may be required, (8) the Online Services Supplemental Terms and Conditions if Customer's Master Agreement is a version 2009 or earlier and Enrolled Affiliate is ordering Online Services, and (9) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement and the Master Agreement. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement and applicable Master Agreement. The following definitions also apply: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 1 of 9 Document X20-10485 Item 5b "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (e.g., personal computer), a multi- function server, or a commercially viable substitute for one of these systems, and (2) only employs an industry or task -specific software program (e.g., a computer -aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (e.g., email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality, and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement. "Reserved License" means for an Online Service identified as eligible for true -up in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Software" means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services or Services Deliverables, but Software may be part of an Online Service. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 2 of 9 Document X20-10485 Item 5b 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 500 Qualified Users or Qualified Devices. The initial order must include at least 500 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses from the Product pool for each Enterprise Product ordered to cover all Qualified Users and/or all Qualified Devices. Enrolled Affiliate may elect to mix Enterprise Products and Enterprise Online Services within a Product pool as long as all Qualified Devices not covered by a License are only used by users covered with a user License. (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 500 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Orders must be submitted to an authorized Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Resellers and other third parties do not have authority to bind or impose any obligation or liability on the Microsoft Affiliate that enters into this Enrollment. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (1) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 3 of 9 Document X20-10485 Item 5b (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use, and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices or Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses and add -on Subscription Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services, and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (1) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable EA2016Enr(Ind)(NA)(ENG)(July2016) Page 4 of 9 Document X20-10485 Item 5b opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Master Agreement. 3. Pricing. a. Price levels. Each Product is assigned to a Product pool as shown in the Product Terms. Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable Product pools are set forth in the Product Selection Form. b. Setting prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, Microsoft's prices to Reseller for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term, provided that Enrolled Affiliate qualifies for the same price level for the entire term. Price levels and Microsoft's prices to Reseller are reestablished at the beginning of the renewal term. If Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a new price level for future new orders either upon Enrolled Affiliate's request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products and Services by renewing this Enrollment for one additional 36 month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 5 of 9 Document X20-10485 Item 5b 1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date, access to the Online Services will automatically continue month -to -month in accordance with the terms of the Enrollment ("Extended Term") for up to one year unless designated in the Product Terms to continue until cancelled. For the first twelve months of the Extended Term, Online Services will be invoiced monthly at the then - current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee. As of the first day of the thirteenth month of the Extended Term, Online Services that continue until cancelled will be invoiced at the then -current published price for price level A plus a 3% administrative fee. If Enrolled Affiliate does not want an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the agreement. e. Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to be Customer's Affiliate, then Enrolled Affiliate will have the following options for Licenses, excluding Subscription Licenses: (1) It may immediately pay the total remaining amount due, including all installments, in which case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term), or (ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate will have perpetual Licenses (for the latest version of Products ordered under Software Assurance coverage in an initial or renewal term) for (1) all copies of Products for which payment has been made in full, and (2) a proportional number of copies of Products it has ordered for which payment has been made. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 6 of 9 Document X20-10485 Item 5b Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate legal entities, not departments, divisions, or business units. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates. ❑ Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise.): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: <Choose One> 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes. Name of entity (must be legal entity name)* Contact name: First* Last* Contact email address* Street address* City* State/Province* EA2016Enr(Ind)(NA)(ENG)(July2016) Page 7 of 9 Document X20-10485 Item 5b Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone Tax ID * indicates required field b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as primary contact (default if no information is provided below, even if box is not checked) Contact name: First* Last* Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone Language preference. Choose the language for notices. English ❑ This contact is a third party (not Enrolled Affiliate). Warning: personally identifiable information of the Customer and its Affiliates. * indicates required field This contact receives c. Online Services Manager. This contact is authorized to (1) manage the Online Services ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name: First* Last* Contact email address* Phone ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required field d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* Street address (PO boxes will not be accepted)* City* State/Province* Postal code* Country* Contact name: First* Last* Phone Contact email address* * indicates required field EA2016Enr(Ind)(NA)(ENG)(July2016) Page 8 of 9 Document X20-10485 Item 5b By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required field Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional Notices Contact (ii) Software Assurance Manager (iii) Subscriptions Manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2016Enr(Ind)(NA)(ENG)(July2016) Page 9 of 9 Document X20-10485 Item 5b �! Microsoft Supplemental Contact Information Form Volume Licensing This form can be used in combination with MBSA, Agreement, and Enrollment/Registration. However, a separate form must be submitted for each enrollment/registration, when more than one is submitted on a signature form. For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Primary and Notices contacts in this form will not apply to enrollments or registrations. This form applies to: ❑ MBSA ❑ Agreement ❑ Enrollment/Affiliate Registration Form Insert primary entity name if more than one Enrollment/Registration Form is submitted Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields; if the entity chooses to designate other contact types, the same required fields must be completed for each section. By providing contact information, entity consents to its use for purposes of administering the Enrollment by Microsoft and other parties that help Microsoft administer this Enrollment. The personal information provided in connection with this agreement will be used and protected according to the privacy statement available at https:Hlicensing.microsoft.com. 1. Additional notices contact. This contact receives all notices that are sent from Microsoft. No online access is granted to this individual. Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 2. Software Assurance manager. This contact will receive online permissions to manage the Software Assurance benefits under the Enrollment or Registration. Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* SupContactlnfoForm(NA,IND)(ENG)(Oct2013) Page 1 of 3 Item 5b Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 3. Subscriptions manager. This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary for access to any of the online benefits, such as subscription downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions. Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 4. Online services manager. This contact will be provided online permissions to manage the online services ordered under the Enrollment or Registration. Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. 5. Customer Support Manager (CSM). This person is designated as the Customer Support Manager (CSM) for support -related activities. Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax 6. Primary contact information. An individual from inside the organization must serve as the primary contact. This contact receives online administrator permissions and may grant online access to others. This contact also receives all notices unless Microsoft is provided written notice of a change. Name of entity* SupContactlnfoForm(NA,IND)(ENG)(Oct2013) Page 2 of 3 Item 5b Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax 7. Notices contact and online administrator information. This individual receives online administrator permissions and may grant online access to others. This contact also receives all notices. ❑ Same as primary contact Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the entity). Warning: This contact receives personally identifiable information of the entity. SupContactlnfoForm(NA,IND)(ENG)(Oct2013) Page 3 of 3 Item 5b Mm! M Ec rosoft Program Signature Form MBA/MBSA number Agreement number Volume Licensing Proposal ID Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract <Choose Agreement> Document Number or Code Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID * indicates required field ProgramSignForm (MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2 Item 5b Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm (MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 Item 5b ON! Microsoft Volume Licensing Qualifying Government Entity Addendum This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus ("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows: 1. The following definition is added: "Eligible Entity" means a public sector entity that meets the criteria set out at http://www.microsoft.com/licensing/contracts in the document entitled "Microsoft Government Eligibility Definition." 2. The definitions of "Customer" and "Affiliate" are amended as follows: When used in this Agreement or Enrollment, as applicable, "Customer" refers to the Eligible Entity that signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate", as set forth in the Master Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity signing this Agreement/Enrollment, as applicable, with Microsoft. 3. The Minimum Order requirements section of the Agreement is amended as follows: Notwithstanding anything to the contrary in the Agreement, an Eligible Entity's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices, and its initial order must include at least 250 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. If no Enterprise Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for Enterprise Online Services. 4. The following pricing provision is added: Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible Entity, Customer may receive price level D for all Products and pools under this Agreement/Enrollment, as applicable. 5. The following "Mid-term Cancellation for Non -appropriation of Funds" provision is added: Termination of Enrollment — non -appropriation of funds. Subject to the provisions in the Section titled "Effect of termination or expiration," a Customer or an Enrolled Affiliate may terminate an Agreement or Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollment are not appropriated or allocated for such purpose. Effect of termination. Upon termination of any Enrollment, the Enrolled Affiliate must order Licenses for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate has not previously submitted an order. Except as provided in the next paragraph, in the event of termination, all unpaid installments of the purchase price for any Licenses will immediately become due and payable, and the Enrolled Affiliate will be entitled to perpetual Licenses only after all such payments have been made. Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non -appropriation of funds, or Microsoft terminates an Enrollment for non-payment due to non -appropriation of funds of Customer or Enrolled Affiliate, then Customer or the Enrolled Affiliate will have the following options: a. It may immediately pay the total remaining amount due, including all installments, in which case the Enrolled Affiliate will have perpetual Licenses for all copies of the Products it has ordered, or QualifyingGovEntityAddendum(WW)ExEMEA(ENG)(July20l6) Page 1 of 2 Item 5b b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment has been made in full, and (2) the number of copies of Products it has ordered (including the latest version of Products ordered under SA coverage in an initial or renewal term) for which payment has been made in installments that is proportional to the total of payments made versus total amounts due if the early termination had not occurred. 6. Where "Extended Term" is available for eligible Online Services, the following is added: Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 7. The following provision is added: Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time. QualifyingGovEntityAddendum(WW)ExEMEA(ENG)(July20l6) Page 2 of 2 Item 5b Microsoft Volume Licensing Previous Enrollment(s)/Agreement(s) Form Entity Name: Contract that this form is attached to: <choose> For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrollment/Agreement/ Purchasing Account/Affiliate Registration Description Enrollment/Agreement/purchasing Account/Affiliate Registration Public Customer Number Transfer SA Benefit Contact Transfer MSDN Subscribers PrevEnrAgrForm(WW)(ENG)(Apr20l6) Page 1 of 1 Item 5b 00 Microsoft Volume Licensing Enterprise and Enterprise Subscription Enrollment Product Selection Form Enrollment Number Microsoft to complete for initial term. Reseller or Software Advisor to complete for renewal or with prior qualifying Enrollment/Agreement Step 1. Enter all fields in the table below (Required). Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is stepping -up within Enrollment term. QuantityEnterprise Device Profile Microsoft 365 Microsoft 365 E3 USL Microsoft 365 E3 Add -on Microsoft 365 E5 USL Microsoft 365 E5 Add -on Office Professional Plus Office Professional Plus Office 365 ProPlus Office 365 Plans Office 365 Plan E1 USL Office 365 Plan E3 USL Office 365 Plan E5 USL Office 365 Plan E1 Add -on Office 365 Plan E3 Add -on Office 365 Plan E5 Add -on Office 365 Plan E3 without ProPlus Add -on Client Access License (CAL) Choose Core CAL or Enterprise CAL: <Choose One> <Choose One> Core CAL or Enterprise CAL Bridge for Office 365 Bridge for Enterprise Mobility Suite Windows Desktop Windows 10 Enterprise E3 and LTSB Upgrade per Device Windows 10 Enterprise E5 per Device SL Windows 10 Enterprise E3 per User SL Windows 10 Enterprise E3 per User Add -on SL Windows 10 Enterprise E5 per User SL Windows 10 Enterprise E5 per User Add -on SL EA-EASProdSelForm (WW)(ENG)(Sep2017) Page 1 of 3 Document X20-12822 Item 5b Windows 10 Enterprise E5 per Device Add -on SL EnterpriseProducts Quantity • Windows VDA Windows VDA per User SL Microsoft Intune Microsoft Intune USL Enterprise Mobility + Security Enterprise Mobility + Security E3 USL Enterprise Mobility + Security E3 Add -on Enterprise Mobility + Security E5 USL Enterprise Mobility + Security E5 Add -on Step 3. Establish the Enrolled Affiliate's price level. Unless otherwise indicated in the associated contract documents, the price level for each Product offering/pool is set based upon the quantity to price level mapping. DO NOT INCLUDE BRIDGE CALs OR ADD-ONs. Eu 1 2 3 4 Windows Enterprise E3 and LTSB Upgrade+ Windows Client Access Enterprise E5 + Win Office Professional Client Access License + E3/E5 USL + Win Plus + Office 365 License + Office Microsoft Intune + E3/E5 per Device + EnterpriseProPlus + Office 365 (Plans E1, Enterprise Mobility Windows VDA + Products 365 (Plans E3, and E5) + and Security USL Windows Enterprise E3 and E5) + Microsoft 365 USL + Microsoft 365 E3 per User SL + Microsoft 365 USL USL Windows Enterprise E5 per User SL + Windows VDA per User USL + Microsoft 365 USL Quantity ProductOffering I Pool Price Level Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price Level is set using the highest quantity from Groups 1 through 4. Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price Level is set using quantity from Group 1. Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price Level is set using the highest quantity from Group 2 or 3. Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price Level is set using quantity from Group 4. EA-EASProdSelForm (WW)(ENG)(Sep2017) Page 2 of 3 Document X20-12822 Item 5b Quantity of Licenses and Software Assurance to Price Level Mapping: Quantity of Licenses and Software Assurance Price Level .. and below 400 to 5,999 6,000 to 14,999 15,000 and above Notes: 1. Enterprise Online Services may not be available in all locations. Please see the Product Terms for a list of locations where these may be purchased. 2. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. 3. Unless otherwise indicated in the associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile. This form must be attached to a signature form to be valid. EA-EASProdSelForm (WW)(ENG)(Sep2017) Page 3 of 3 Document X20-12822 Item 5b Microsoft Volume Licensing Enterprise Agreement This Microsoft Enterprise Agreement is entered into between the entities identified on the signature form. Effective date. The effective date of this agreement is the earliest effective date of any Enrollment entered into under this agreement or the date Microsoft accepts this agreement, whichever is earlier. Any reference in this agreement or an Enrollment to a "day" means a calendar day, except references that specify "business day." This agreement consists of (1) these terms and conditions and the signature form, (2) the terms of either the Microsoft Business Agreement or Microsoft Business and Services Agreement ("Master Agreement') identified on the signature form, (3) the Product Terms, (4) the Online Services Terms, and (5) any Enrollment entered into under this agreement. By entering into this agreement, Customer agrees to be bound by the terms and conditions of the Master Agreement. If Customer is a qualifying government entity, the Qualifying Government Entity Addendum is incorporated by reference. Please note: Documents referenced in this agreement but not attached to the signature form may be found at http://www.microsoft.com/licensing/contracts and are incorporated in this agreement by reference, including the Product Terms, Online Services Terms and Qualifying Government Entity Addendum. These documents may contain additional terms and conditions for Products licensed under this agreement and may be changed from time to time. Customer should review such documents carefully, both at the time of signing and periodically thereafter, and fully understand all terms and conditions applicable to Products licensed and Services ordered. Terms and Conditions 1. Definitions. Terms used in this agreement but not otherwise defined will have the definition provided in the Master Agreement. The following definitions also apply: "Customer" means the entity that has entered into this agreement with Microsoft. "Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates, that has entered into an Enrollment under this agreement. "Enrollment" means the document that an Enrolled Affiliate submits under this agreement to place orders for Products and Services. "Enterprise" means Enrolled Affiliate and the Affiliates it chooses to include on its Enrollment. "License" means the right to download, install, access and use a Product. For certain Products, a License may be available on a fixed term or subscription basis ("Subscription License"). Licenses for Online Services will be considered Subscription Licenses. "Microsoft" means the Microsoft Affiliate that has entered into this agreement or an Enrollment and its Affiliates, as appropriate. "Software" means licensed copies of Microsoft software identified in the Product Terms. Software does not include Online Services or Services Deliverables, but Software may be part of an Online Service. "Software Assurance" is an offering by Microsoft that provides new version rights and other benefits for Products as further described in the Product Terms. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. EA2016Agr(WW)ExAUS(Dir),IND,JPN,PRC,EU- Page 1 of 5 EFTA(ENG)(July2016) Document X20-10094 Item 5b 2. Licenses for Products. a. License Grant. Microsoft grants the Enterprise a non-exclusive, worldwide and limited right to download, install and use software Products, and to access and use the Online Services, each in the quantity ordered under an Enrollment. The rights granted are subject to the terms of this agreement, the Use Rights and the Product Terms. Microsoft reserves all rights not expressly granted in this agreement. b. Duration of Licenses. Subscription Licenses and most Software Assurance rights are temporary and expire when the applicable Enrollment is terminated or expires, unless the Enrolled Affiliate exercises a buy-out option, which is available for some Subscription Licenses. Except as otherwise noted in the applicable Enrollment or Use Rights, all other Licenses become perpetual only when all payments for that License have been made and the initial Enrollment term has expired. c. Applicable Use Rights. (i) Products (other than Online Services). The Use Rights in effect on the effective date of the applicable Enrollment term will apply to Enterprise's use of the version of each Product that is current at the time. For future versions and new Products, the Use Rights in effect when those versions and Products are first released will apply. Changes Microsoft makes to the Use Rights for a particular version will not apply unless the Enrolled Affiliate chooses to have those changes apply. The Use Rights applicable to perpetual Licenses that were acquired under a previous agreement or Enrollment are determined by the agreement or Enrollment under which they were acquired. Renewal of Software Assurance does not change which Use Rights apply to those Licenses. (ii) Online Services. For Online Services, the Use Rights in effect on the subscription start date will apply for the subscription term as defined in the Product Terms. d. Downgrade rights. Enterprise may use an earlier version of a Product than the version that is current on the effective date of the Enrollment. For Licenses acquired in the current Enrollment term, the Use Rights for the current version apply to the use of the earlier version. If the earlier Product version includes features that are not in the new version, then the Use Rights applicable to the earlier version apply with respect to those features. e. New Version Rights under Software Assurance. Enrolled Affiliate must order and maintain continuous Software Assurance coverage for each License ordered. With Software Assurance coverage, Enterprise automatically has the right to use a new version of a licensed Product as soon as it is released, even if Enterprise chooses not to use the new version immediately. (i) Except as otherwise permitted under an Enrollment, use of the new version will be subject to the new version's Use Rights. (i i) If the License for the earlier version of the Product is perpetual at the time the new version is released, the License for the new version will also be perpetual. Perpetual Licenses obtained through Software Assurance replace any perpetual Licenses for the earlier version. f. License confirmation. This agreement, the applicable Enrollment, Enrolled Affiliate's order confirmation, and any documentation evidencing transfers of perpetual Licenses, together with proof of payment, will be Enrolled Affiliate's evidence of all Licenses obtained under an Enrollment. g. Acquisitions, divestitures, and mergers. If the number of Licenses covered by an Enrollment changes by more than ten percent as a result of (1) an acquisition of an entity or an operating division, (2) a divestiture of an Affiliate or an operating division of Enrolled Affiliate or any of its Affiliates, or (3) a merger including a merger with a third party that has an existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith to determine how to accommodate its changed circumstances in the context of this agreement. EA2016Agr(WW)ExAUS(Dir),IND,JPN,PRC,EU- Page 2 of 5 EFTA(ENG)(July2016) Document X20-10094 Item 5b 3. Making copies of Products and re -imaging rights. General. Enrolled Affiliate may make as many copies of Products as it needs to distribute them within the Enterprise. Copies must be true and complete (including copyright and trademark notices) from master copies obtained from a Microsoft approved fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to make reasonable efforts to notify its employees, agents, and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this agreement. b. Copies for training/evaluation and back-up. For all Products other than Online Services, Enrolled Affiliate may (1) use up to 20 complimentary copies of any licensed Products in a dedicated training facility on its premises for purposes of training on that particular Product, (2) use up to 10 complimentary copies of any Products for a 60 day evaluation period, and (3) use one complimentary copy of any licensed Product for back-up or archival purposes for each of its distinct geographic locations. Trials for Online Services may be available if specified in the Use Rights. c. Right to re -image. In certain cases, re -imaging is permitted using the Product media. If the Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2) as a full packaged Product through a retail source, or (3) under another Microsoft program, then media provided under this agreement may generally be used to create images for use in place of copies provided through that separate source. This right is conditional upon the following: (1) Separate Licenses must be acquired from the separate source for each Product that is re -imaged. (II) The Product, language, version, and components of the copies made must be identical to the Product, language, version, and all components of the copies they replace and the number of copies or instances of the re -imaged Product permitted remains the same. (iii) Except for copies of an operating system and copies of Products licensed under another Microsoft program, the Product type (e.g., Upgrade or full License) re -imaged must be identical to the Product type licensed from the separate source. (iv) Enrolled Affiliate must adhere to any Product -specific processes or requirements for re -imaging identified in the Product Terms. Re -imaged Products remain subject to the terms and use rights of the License acquired from the separate source. This subsection does not create or extend any Microsoft warranty or support obligation. 4. Transferring and assigning Licenses. a. License transfers. License transfers are not permitted, except that Customer or an Enrolled Affiliate may transfer only fully -paid perpetual Licenses to: (i) an Affiliate, or (ii) a third party solely in connection with the transfer of hardware or employees to whom the Licenses have been assigned as part of (1) a divestiture of an Affiliate or a division of an Affiliate or (2) a merger involving Customer or an Affiliate. Upon such transfer, Customer or Enrolled Affiliate must uninstall and discontinue using the licensed Product and render any copies unusable. b. Notification of License transfer. Customer or Enrolled Affiliate must notify Microsoft of a License transfer by completing a License transfer form, which can be obtained from http://www.microsoft.com/licensing/contracts, and sending the completed form to Microsoft before the License transfer. No License transfer will be valid unless Customer or Enrolled Affiliate provides to the transferee, and the transferee accepts in writing, documents sufficient to enable the transferee to ascertain the scope, purpose and limitations of the EA2016Agr(WW)ExAUS(Dir),IND,JPN,PRC,EU- Page 3 of 5 EFTA(ENG)(July2016) Document X20-10094 Item 5b rights granted by Microsoft under the Licenses being transferred (including, without limitation, the applicable Use Rights, use and transfer restrictions, warranties and limitations of liability). Any License transfer not made in compliance with this section will be void. c. Internal assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or device within the Enterprise. Licenses and Software Assurance may be reassigned within the Enterprise as described in the Use Rights. 5. Term and termination. a. Term. This agreement will remain in effect unless terminated by either party as described below. Each Enrollment will have the term provided in that Enrollment. b. Termination without cause. Either party may terminate this agreement, without cause, upon 60 days' written notice. In the event of termination, new Enrollments will not be accepted, but any existing Enrollment will continue for the term of such Enrollment and will continue to be governed by this agreement. Termination for cause. Without limiting any other remedies it may have, either party may terminate an Enrollment if the other party materially breaches its obligations under this agreement, including any obligation to submit orders or pay invoices. Except where the breach is by its nature not curable within 30 days, the terminating party must give the other party 30 days' notice of its intent to terminate and an opportunity to cure the breach. If Microsoft gives such notice to an Enrolled Affiliate, Microsoft also will give Customer a copy of the notice, and Customer agrees to help resolve the breach. If the breach affects other Enrollments and cannot be resolved between Microsoft and Customer within a reasonable period of time, Microsoft may terminate this agreement and all Enrollments under it. If an Enrolled Affiliate ceases to be Customer's Affiliate, Customer must promptly notify Microsoft, and Microsoft may terminate the former Affiliate's Enrollment. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or if Microsoft terminates an Enrollment because Enrolled Affiliate ceases to be Customer's Affiliate, then Enrolled Affiliate will have the early termination rights described in the Enrollment. d. Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service in any country or jurisdiction where there is any current or future government requirement or obligation that (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there, (2) presents a hardship for Microsoft to continue operating the Online Service without modification, and/or (3) causes Microsoft to believe these terms or the Online Service may conflict with any such requirement or obligation. e. Program updates. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at the time of an Enrollment renewal. 6. Miscellaneous. a. Notices. Notices, authorizations, and requests in connection with this agreement must be sent by regular or overnight mail or express courier to the addresses and numbers listed on the signature form and in this agreement. Notices will be treated as delivered on the date shown on the return receipt or on the courier confirmation of delivery. EA2016Agr(WW)ExAUS(Dir),IND,JPN,PRC,EU- Page 4 of 5 EFTA(ENG)(July2016) Document X20-10094 Item 5b Microsoft Corporation Legal and Corporate Affairs Volume Licensing Group One Microsoft Way Redmond, WA 98052 USA Microsoft may provide information about Enrollment deadlines and Online Services by email to contacts provided by Enrolled Affiliate under an Enrollment or through a web site Microsoft identifies. Notice by email is given as of the transmission date. b. Management and reporting. Enrolled Affiliate must provide and manage account details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume Licensing Service Center web site (or successor site) at https://www.microsoft.com/licensing/servicecenter. On the effective date of this agreement and any Enrollments, the contact(s) Enrolled Affiliate has identified for this purpose will be provided access to this site and may authorize additional users and contacts. Order of precedence. In the case of a conflict between any documents in this agreement that is not expressly resolved in those documents, their terms will control in the following order, from highest to lowest priority: (1) the Master Agreement, (2) this Enterprise Agreement, (3) any Enrollment, (4) the Product Terms, (5) the Online Services Terms, (6) orders submitted under this agreement, and (7) any other documents in this agreement. Terms in an amendment control over the amended document and any prior amendments concerning the same subject matter. d. Applicable currency. Any payments made to Microsoft must be in the Microsoft approved currency for the respective locale. Taxes. If any amounts are to be paid to Microsoft, the amounts owed are exclusive of any taxes unless specified on the invoice as tax inclusive. Customer shall pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and which Microsoft is permitted to collect from Customer. Customer shall also be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay, including any taxes that arise on the distribution or provision of Products or Professional Services by Customer to its Affiliates. Microsoft shall be responsible for payment of all taxes based on its net income, gross receipts taxes imposed in lieu of taxes on income or profits, or taxes on property ownership. If any taxes are required to be withheld on payments made to Microsoft, Customer may deduct such taxes from the amount owed and pay them to the appropriate taxing authority; provided, however, that Customer shall promptly secure and deliver an official receipt for those withholdings and other documents reasonably requested by Microsoft to claim a foreign tax credit or refund. Customer will ensure that any taxes withheld are minimized to the extent possible under applicable law. EA2016Agr(WW)ExAUS(Dir),IND,JPN,PRC,EU- Page 5 of 5 EFTA(ENG)(July2016) Document X20-10094 Item 5b MSEA Software Cost Analysis (3 Year) Year 1 Select Plus Year 2 Select Plus Year 3 Select Plus Product Cost Product Cost Product Cost Windows $39,600.00 Windows $6,000.00 Windows $6,000.00 Office $59,400.00 Office $9,000.00 Office $9,000.00 Server $16,800.00 Server $0.00 Server $0.00 Exchange $500.00 Exchange $0.00 Exchange $0.00 CALs $36,000.00 CALs $2,650.00 CALs $2,650.00 SQL $1,000.00 SQL $0.00 SQL $0.00 3 Year Total Total $153,300.00 Total $17,650.00 Total $17,650.00 $188,600.00 Year 1 MSEA (on-prem) Year 2 MSEA (on-prem) Year 3 MSEA (on-prem) Product Cost Product Cost Product Cost Windows $9,900.00 Windows $11,400.00 Windows $12,900.00 Office $31,350.00 Office $36,100.00 Office $40,850.00 Server $9,246.72 Server $9,246.72 Server $9,246.72 Exchange $265.00 Exchange $265.00 Exchange $265.00 CALs $25,800.00 CALs $27,835.00 CALs $29,870.00 SQL $370.00 SQL $370.00 SQL $370.00 3 Year Total Total $76,931.72 Total $85,216.72 Total $93,501.72 $255,650.16 Year 1 MSEA (365) Year 2 MSEA (365) Year 3 MSEA (365) Product Cost Product Cost Product Cost Windows $3,000.00 Windows $3,600.00 Windows $4,200.00 Office $9,500.00 Office $3,600.00 Office $4,200.00 Server $9,246.72 Server $9,246.72 Server $9,246.72 Exchange $0.00 Exchange $0.00 Exchange $0.00 CALs $8,550.00 CALs $9,460.00 CALs $10,370.00 SQL $370.00 SQL $370.00 SQL $370.00 365 E5 $49,840.00 365 E5 $55,440.00 365 E5 $61,040.00 365 F1 $20,819.00 365 F1 $22,454.00 365 F1 $24,089.00 3 Year Total Total $101,325.72 Total $104,170.72 Total $113,515.72 $319,012.16 Item 5c PUBLIC WORKS iO p r wer oFEf Prosper is a place where everyone matters. To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon awarding Bid No. 2019-53-A to Wopac Construction, Inc. as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed -price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. Description of Agenda Item: The Public Works Department prepared a four-year program to repair streets, alleys and sidewalks. In the FY 19 budget, Phase I was approved for $64,825. Plans for subsequent years are as follows: • Phase II FY 20 is $67,673; • Phase III FY 21 is $122,484; and • Phase IV FY 22 is $14,300. In order to accommodate these types of repairs, and to reduce staff time from bidding out separate projects, the Town developed specifications and solicited bids to establish an annual fixed -price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper. Services to be performed include removal/installation of concrete pavement (streets, alleys and sidewalks), and other related items. On April 26, 2019, at 3:00 p.m., staff opened two (2) bids for Bid No. 2019-53-A Miscellaneous Concrete Replacement Services. Based on unit prices bid and estimated quantities, Wopac Construction is apparent low bidder and HQS Construction, LLC, is the apparent second bidder. After completion of the evaluation process, staff recommends award to Wopac Construction as the primary vendor and HQS Construction, LLC, as the secondary vendor. Wopac Construction has had very good reviews and HSQ Construction, LLC has successfully completed previous paving projects in Prosper. The initial term of the contract will be one year, with four optional one-year renewal periods. Page 1 of 2 Item 5c Budget Impact: The Town will only pay for actual installed quantities. The estimated expenditure for these services in FY 2018-2019 is $62,245 that is a cost savings of $2,580 from the approved budget. The funding source for this project is 100-5480-50-01 - Contracted Services. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the standard Contract for Services as to form and legality. Attached Documents: 1. Bid Tabulation 2. Contract for Services Town Staff Recommendation: Town staff recommends awarding Bid No. 2019-53-A to Wopac Construction, Inc. as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed -price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. Proposed Motion: I move to award Bid No. 2019-53-A to Wopac Construction, Inc. as the primary vendor, and HQS Construction, LLC, as the secondary vendor, at the unit prices bid, to establish an annual fixed -price contract for Miscellaneous Concrete Replacement Services; and authorizing the Town Manager to execute same. Page 2 of 2 MISCELLANEOUS CONCRETE REPLACEMENT SERVICES BID NUMBER 2019-53-A BID PRICING WORKSHEET Engineers Estimate CONTRACTORS AMOUNT FY 19 ANTICIPATED HQS Construction Wo ac Construction Inc. CONTRACT AMOUNT No. Description Unit Quantity Unit Price Amount Unit Price Amount Unit Price Amount 1 Remove 6"-8" Reinforced Concrete Pavement 0-50 SY SY 250.0 $ 12.00 $ 3,000.00 $ 25.00 $ 6,250.00 $ 30.00 $ 7,500.00 $ 25.00 $ 6,250.00 2 Remove 6"-8" Reinforced Concrete Pavement 51-250 SY SY 1.0 $ 10.00 $ 10.00 $ 25.00 $ 25.00 $ 29.00 $ 29.00 $ 3 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY SY 150.0 $ 12.00 $ 1,800.00 $ 25.00 $ 3,750.00 $ 30.00 $ 4,500.00 $ 25.00 $ 3,750.00 4 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY SY 1.0 $ 10.00 $ 10.00 $ 25.00 $ 25.00 $ 29.00 $ 29.00 $ 5 Install 6" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY SY 250.0 $ 80.00 $ 20,000.00 $ 62.00 $ 15,500.00 $ 87.00 $ 21,750.00 $ 62.00 $ 15,500.00 6 Install 6" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY SY 1.0 $ 70.00 $ 70.00 $ 61.00 $ 61.00 $ 87.00 $ 87.00 $ 7 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 0-50 SY SY 110.0 $ 90.00 $ 9,900.00 $ 63.00 $ 6,930.00 $ 95.00 $ 10,450.00 $ 63.00 $ 6,930.00 8 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 51+250 SY SY 60.0 $ 80.00 $ 4,800.00 $ 62.00 $ 3,720.00 $ 95.00 $ 5,700.00 $ 62.00 $ 3,720.00 9 Install 8" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY SY 1.0 $ 90.00 $ 90.00 $ 68.00 $ 68.00 $ 93.00 $ 93.00 $ 10 Install 8" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY SY 1.0 $ 85.00 $ 85.00 $ 65.00 $ 65.00 $ 93.00 $ 93.00 $ 11 Saw Cut Full Depth Concrete Pavement and Alley Pavement LF 800.0 $ 7.00 $ 5,600.00 $ 5.00 $ 4,000.00 $ 6.00 $ 4,800.00 $ 5.00 $ 4,000.00 12 Saw Cut Full Depth Concrete Sidewalk LF 80.0 $ 5.00 $ 400.00 $ 3.00 $ 240.00 $ 3.00 $ 240.00 $ 3.00 $ 240.00 13 Remove 4"-5"Concrete Sidewalk, 0-50 SF SF 1,500.0 $ 3.00 $ 4,500.00 $ 2.50 $ 3,750.00 $ 5.80 $ 8,700.00 $ 2.50 $ 3,750.00 14 Remove 4"-5"Concrete Sidewalk, 51-250 SF SF 1.0 $ 3.00 $ 3.00 $ 2.50 $ 2.50 $ 5.60 $ 5.60 $ 15 Install 4"-5"Concrete Sidewalk, (3,500 psi) 0-50 SY SF 1,500.0 $ 4.00 $ 6,000.00 $ 6.50 $ 9,750.00 $ 9.00 $ 13,500.00 $ 6.50 $ 9,750.00 16 Install 4"-5"Concrete Sidewalk, (3,500 psi) 51-250 SF SF 1.0 $ 4.00 $ 4.00 $ 6.00 $ 6.00 $ 9.00 $ 9.00 $ 17 4" to 5" Stamped Patterned Sidewalk, 10-150 SF (Min. 10SF), Color to be applied to surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative SF 17.0 $ 100.00 $ 1,700.00 $ 15.00 $ 255.00 $ 20.00 $ 340.00 $ 15.00 $ 255.00 18 Traffic Control (For Street Paving Each Job) EA 1.0 $ 4.00 $ 4.00 $ 2,100.00 $ 2,100.00 $ 3,000.00 $ 3,000.00 $ 19 Unclassified Excavation, 0-50 CY LF 1.0 $ 20.00 $ 20.00 $ 50.00 $ 50.00 $ 51.50 $ 51.50 $ 20 Hand! Cap Ramps LF 1.0 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 2,400.00 $ 2,400.00 $ 21 Crushed Concrete Base or Flex Base -Supplied, placed & Compacted (sidewalks) CY 10.0 $ 30.00 $ 300.00 $ 45.00 $ 450.00 $ 51.00 $ 510.00 $ 45.00 $ 450.00 22 SDHPT (Grade 2) Type 'A' Flex Base - Supplied, Place & Compacted (Streets) CY 20.0 $ 30.00 $ 600.00 $ 50.00 $ 1,000.00 $ 55.00 $ 1,100.00 $ 50.00 $ 1,000.00 23 Install 5" Reinforced Concrete Drive Approach (3,600psi) SY 1.0 $ 100.00 $ 100.00 $ 58.00 $ 58.00 $ 85.00 $ 85.00 $ 24 Install 6" Reinforced Concrete Drive Approach (4,OOOpsi) SY 1.0 $ 90.00 $ 90.00 $ 61.00 $ 61.00 $ 90.00 $ 90.00 $ 1,500.00 $ 6,500.00 $ 25 Install 3' x 3' Junction Box or Grate Inlet EA 1.0 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,000.00 $ 1,000.00 26 Remove Y x 3' Junction Box or Grate Inlet EA 1.0 $ 100.00 $ 100.00 $ 2,600.00 $ 2,600.00 $ 6,500.00 $ 2,600.00 $ 2,600.00 27 Install Sod, 1"-2" St. Augustine SY 200.0 $ 8.00 $ 1,600.00 $ 7.00 $ 1,400.00 $ 15.00 $ 3,000.00 $ 7.00 $ 1,400.00 28 Install Sod, 1"-2" Bermuda SY 200.0 $ 8.00 $ 1,600.00 $ 7.50 $ 1,500.00 $ 17.00 $ 3,400.00 $ 7.50 $ 1,500.00 29 5" to 6" Stamped Patterned Median Pavement and Street Pavement, 10-100 SF (Min. 10 SF), Color to be applied to surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative SF 10.00 $ 10.00 $ 100.00 $ 15.00 $ 150.00 $ 20.00 $ 200.00 $ 15.00 $ 150.00 5" to 6" Stamped Patterned Median Pavement and Street Pavement, more than 100 SF, Color to be applied to surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative SY 1.00 $ 10.00 $ 10.00 $ 14.00 $ 14.00 $ 20.00 $ 20.00 $ 130 TOTAL $ 63,996.00 $ 8,029.00 $ 66,280.50 $ 14,530.90 $ 99,682.10 $ 3,993.50 1 $ 62,245.00 TOWN OF PROSPER CONTRACT FOR SERVICES (PRIMARY VENDOR) BID NO. 2019-53-A This Contract is made by the Town of Prosper, Texas, a municipal corporation ("Town") and Wopac Construction Inc. ("Contractor"). The Town and Contractor agree: 1. EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: Miscellaneous Concrete Replacement Services (hereinafter referred to as "Services") in connection with the terms and conditions as set forth in Exhibit A, attached hereto and incorporated by reference. 2. SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing. 3. SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately. 4. CONTRACT PERIOD. The contract period is for one (1) year from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one-year terms on an annual basis, if written notice of the intent to renew is provided to either party not less than sixty (60) days prior to the termination date. 5. COMPENSATION. Contractor's total compensation for services to be performed and expenses to be incurred is specified in Exhibit B. 6. PAYMENTS. Payments will be processed on a monthly basis with payment available within thirty (30) days after receipt of the invoice for the previous month's service or as set forth in Exhibit A. 7. INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Accounts Payable, Town of Prosper, P.O. Box 307, Prosper, TX 75078, or emailed to accounts_payable@prospertx.gov. 8. RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. 9. INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor. 10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract. 11. INDEMNIFICATION. As specified in Exhibit A. 12. TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer their interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent. 13. AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 14. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, disability or any other protected characteristic. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin, disability or any other protected characteristic. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants employment and employees as the law may require. 15. TERMINATION OF CONTRACT. Town may terminate this Contract upon sixty (60) days written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice. Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. In the event of any termination hereunder, the Contractor consents to Town's selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law. 16. CONTRACTOR'S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 17. TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town's written approval before such work begins. 18. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by Contractor or by any subcontractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town's prior written consent. 19. DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor's employees, a full report of the facts, extent of the damage and estimated impact on the Contractor's schedule shall be submitted to the Town by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of town property, the Contractor must notify Police Dispatch immediately. The Contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor's officers, employees or agents. 20. TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor's personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor's compensation shall be equitably adjusted to reflect any difference in the Contractor's costs occasioned by such substitution. 21. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right - to -Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town's representative are followed. 22. NON -BINDING MEDIATION. In the event of any disagreement or conflict concerning the interpretation of this Contract, and such disagreement cannot be resolved by the Town and the Contractor, the Town and Contractor agree to submit such disagreement to non -binding mediation. 23. ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control. 24. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified: January M. Cook, CPPO, CPPB Purchasing Agent Town of Prosper P.O. Box 307 Prosper, TX 75078 january_cook@prospertx.gov All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified: Adam Leach Wopac Construction, Inc. P.O. Box 819 Prosper, TX 75078 adamleachwopac@aol.com Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand - delivered. 25. LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included. 26. GOVERNING LAW. The validity of this Contract and any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for this Contract shall be located in Collin County, Texas. 27. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original. 28. EFFECTIVE DATE. This Contract shall be effective once it is signed by the Town and Contractor. AGREED TO BY: WOPAC CONSTRUC ION, INC. By: By: N a6te. AD 19m L.6PC h Title: Prts,Aea3t- TOWN OF PROSPER, TEXAS Harlan Jefferson Town Manager Date: 5- 3 I- 4 Q Date: Exhibit A to Contract for Services 01 �� I tit T-L-)RbSPER 2019-53-A Miscellaneous Concrete Replacement Services Issue Date: 4/10/2019 Questions Deadline: 4/19/2019 12.00 PM (CT) Response Deadline: 4/26/2019 03.00 PM (CT) Contact Information Contact: January Cook Purchasing Agent Address: 200 S. Main St. P.O. Box 307 Purchasing Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1018 Email: january_cook@prospertx.gov Page 1 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Exhibit A to Contract for Services Event Information Number: 2019-53-A Title: Miscellaneous Concrete Replacement Services Type: Request for Bids Issue Date: 4/10/2019 Question Deadline: 4/19/2019 12:00 PM (CT) Response Deadline: 4/26/2019 03:00 PM (CT) Notes: The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary contractor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bid Attachments Billing Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Standard Terms and Conditions for Procurements.pdf Standard Terms and Conditions for Procurements Bid No. 2019-53-A Bid Specifications. pdf Bid No. 2019-53-A Bid Specifications Insurance Requirements for Construction Services (1).pdf Insurance Requirements for Construction Services References Worksheet.pdf References Worksheet Page 2 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Conflict of Interest Question naire.pdf Conflict of Interest Questionnaire Exhibit A to Contract for Services Requested Attachments References Worksheet (Attachment required) Proof of Insurance Coverage (Attachment required) Per section III. of the specifications Bid Lines 11 Remove 6"-8" Reinforced Concrete Pavement 0-50 SY Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Unit Price: 1 $ Total: 1 $ 2 1 Remove 6"-8" Reinforced Concrete Pavement 51-250 SY Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 El No bid ❑ Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: I $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 3 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 3 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 4 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 5 Install 6" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY Quantity: 1 UOM: SY Unit Price: 1 $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 4 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 6 Install 6" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 7 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 0-50 SY Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 8 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 51+250 SY Quantity: 1 UOM: SY Unit Price: 1 $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 5 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 9 Install 8" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 1 Install 8" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY 0 Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 1 Saw Cut Full Depth Concrete Pavement and Alley Pavement 1 Quantity: 1 UOM: LF Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 6 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 I Saw Cut Full Depth Concrete Sidewalk 2 Quantity 1 UOM: LF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 1 I Remove 4"-5"Concrete Sidewalk, 0-50 SF 3 Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ ❑ No bid ❑ Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 1 Remove 4"-5"Concrete Sidewalk, 51-250 SF 4 Quantity: 1 UOM: SF Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 7 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 Install 4"-5"Concrete Sidewalk, (3,500 psi) 0-50 SY 5 Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ 1 I Install 4"-5"Concrete Sidewalk, (3,500 psi) 51-250 SF 6 Unit Price: I $ Total: I $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) Page 8 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 4" to 5" Stamped Patterned Sidewalk Concrete, 10-150 SY (Min. 10SY), Color to<biatappOedrta tudaae of wet 7 concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 1 I Traffic Control (for Street Paving Each Job) 8 Quantity 1 UOM: EA Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 El No bid Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 9 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 I Unclassified Excavation, 0-50 CY 9 Quantity 1 UOM: CY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 Handicap Ramps 0 Quantity: 1 UOM: EA Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ El No bid Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 2 Crushed Concrete Base or Flex Base —Supplied, placed & Compacted (sidewalks) 1 Quantity: 1 UOM: CY Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 10 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 SDHPT (Grade 2) Type `A' Flex Base -Supplied, Place & Compacted (Streets &xAHieys) contract for services 2 Quantity: 1 UOM: CY Unit Price: $ ITotal: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 1 Install 5" Reinforced Concrete Drive Approach (3,600psi) 3 Unit Price: I $ Total: I $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 2 Install 6" Reinforced Concrete Drive Approach (4,000psi) 4 Quantity: 1 UOM: SY Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 11 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 I Remove 3' x 3' Junction Box or Grate Inlet 5 Quantity: 1 Supplier Notes: UOM: EA Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 I Install 3' x 3' Junction Box or Grate Inlet 6 Quantity: 1 Supplier Notes: UOM: EA Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 I Install Sod, 1"-2" Bermuda 7 Quantity: 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Bill To Information El No bid Additional notes (Attach separate sheet) Total: 1 $ ❑ No bid ❑ Additional notes (Attach separate sheet) Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Bill To Information Total: 1 $ ❑ No bid Additional notes (Attach separate sheet) Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Page 12 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 I Install Sod, 1"-2" St. Augustine 8 Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 2 5" to 6" Stamped Patterned Median Pavement and Street Pavement, 10-100 SF (Min. 10 SF), Color to be applied 9 to surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 13 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 3 5" to 6" Stamped Patterned Median Pavement and Street Pavement, move tham4-WSiFcGelwtobevapplied to U surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: $- Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 14 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Supplier Information Exhibit A to Contract for Services Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 15 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Exhibit A to Contract for Services TOWN OF PROSPER STANDARD TERMS & CONDITIONS FOR PROCUREMENTS 1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the Town of Prosper ("Town"), unless otherwise stated in the specifications. The instructions contained herein shall be incorporated into the contract as well as any subsequent purchase order(s) issued for goods or services, and shall be included as part of the specifications issued herewith. 2. NOTIFICATION: The Town of Prosper advertises formal procurement opportunities through www.prospertx.gov, www.ionwave.net and The Prosper Press. The Town shall not be responsible for information distributed by sources other than those listed. 3. ADDENDA: Any revisions to the information contained herein will be issued in the form of one or more addenda. The sole issuing authority shall be vested in the Town of Prosper Purchasing Office. If addenda containing material changes to the specifications or pricing form are issued, the respondent shall acknowledge receipt of such addenda in the designated section on the Bid/Proposal Certification Form. It isthe responsibility of the bidder/proposer to obtain and acknowledge any and all addenda.Failure to acknowledge receipt of any addenda may be cause to deem such submission non -responsive. 4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from these specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 5. MINOR DEFECT: The Town of Prosper reserves the right to waive any minor defect, irregularity, or informality in any bid/proposal. Minor defects, irregularities or informalities will not affect the end product/performance intended by the specifications.The Town also reserves the right to reject any or all bids/proposals with or without cause prior to award. 6. ELECTRONIC SUBMISSIONS: The Town of Prosper utilizes Ion Wave to advertise and receive bids and proposals electronically over the Internet. Electronic submissions through Ion Wave shall be electronically signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents should clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non -responsive. 7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the Town of Prosper and must be signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents shall clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non -responsive. 8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to The Town of Prosper Purchasing Office, 151 S. Main Street, Prosper, Texas 75078, prior tothe stated deadline. Paper submissions shall be presented in a sealed envelope with respondent's name and the bid/proposal number clearly identified on the outside of the envelope. 9. LATE SUBMISSIONS: The date/time stamp located in the Town of Prosper Purchasing Office serves as the official time clock. Submissions received in the Purchasing Office after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. 10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike -through or erasure of a unit price or extended price made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity. FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening. 11. TAXES: The Town of Prosper is exempt from paying federal excise and transportation taxes and Texas State or local sales and use taxes. Tax shall not be included in prices offered. A Tax Exempt Form will be provided by the Town of Prosper upon request. A request for a Tax Exempt Form can be submitted in writing to january_cook@prospertx.gov or by contacting the Purchasing Office at 972.569.1018. 12. WITHDRAWAL OF OFFER: Respondent agrees that an offer may not be withdrawn or cancelled for a period of one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal without written approval of the Purchasing Agent. Exhibit A to Contract for Services 13. F.O.B./DAMAGE:Prices offered shall be F.O.B. Final Destination, Town of Prosper, Texas, and shall be all inclusive of shipping, handling and packaging costs. The Town accepts and assumes no liability for goods delivered in damaged or unacceptable condition. The successful respondent shall be responsible for handling all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods immediately upon notification by the Town. 14. PREPARATION COST: All costs associated with the preparation of an offer shall be borne by the respondent. The Town of Prosper will not be liable for any costs associated with the preparation, transmittal, or presentation of submissions, or with any materials submitted in response to the same. 15. TESTING: At the Town of Prosper's discretion, testing may be required prior to award of the bid/proposal or prior to delivery of goods or services. Testing shall be performed without expense to the Town. 16. SAMPLES: At the Town of Prosper's discretion, samples may be required prior to award of the bid/proposal or prior to delivery of goods or services. Samples shall be provided at no cost to the Town. Samples should not be enclosed with submission unless specifically requested. 17. QUALITY: Any catalog, brand names, or manufacturer's reference in this bid/proposal packet is merely descriptive and not restrictive, and is intended to indicate the type and minimum quality level desired for comparison purposes, unless otherwise stated herein to the contrary. All products and/or optional equipment offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt, repossessed or used nature shall be considered, unless otherwise specifically stated herein. 18. BIDIPROPOSAL OPENINGS: All offers will be read aloud at the Town of Prosper's scheduled opening for the designated bid/proposal. However, the reading of an offer shall not be construed as a comment on the responsiveness of such offer, or as any indication that the Town accepts such offer as responsive. Neither shall such reading be construed as a comment on the responsibility of the bidder/proposer. The Town of Prosper will make a determination regarding the responsiveness of offers submitted based upon compliance with all applicable laws and the Town of Prosper's purchasing guidelines and project documents including, but not necessarily limited to, the bid/proposal specifications and contract documents. The Town will notify the successful respondent upon award of the contract; and, according to State law all offers received will be available for inspection after award. For processes other than low bid or best value bid, only the names of respondents will be read aloud at the scheduled opening. Pricing information will not be released until after award of the contract. 19. SUMMARY SHEET: Bid/Proposal summary results are typically published within one (1) business day after the scheduled opening. Interested parties desiring a copy of a bid/proposal summary sheet may request the same by submitting a written request tojanuary_cook@prospertx.gov. RESULTS WILL NOT BE RELAYED OVER THE TELEPHONE. 20. ANTI -COLLUSION: In submitting an offer, respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered. 21. NO PROHIBITED INTEREST: Respondent acknowledges awareness of the laws, Town Charter, and Town Code of Ethics regarding conflicts of interest. No officer, employee or agent of the Town of Prosper shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by Section 1.10of the Town's Code of Ordinances and/or Chapter 171 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein. 22. NON-RESIDENT BIDDERS: Texas Government Code, Chapter 2252: Non -Resident Bidders. Texas law prohibits city and governmental units from awarding contracts to a non-resident bidder/proposerunless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-resident bidder's state. 23. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the Town of Prosper for delinquent taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods or services provided to the Town under said contract or purchase order may be withheld until the arrearage has been cleared in writing. 24. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The Town of Prosper may request representation and other information sufficient to determine respondent's ability to meet the minimum standards including but not limited to: Exhibit A to Contract for Services A. Have adequate financial resources, or the ability to obtain such resources as required; B. Ability to comply with the required or proposed delivery schedule; C. Have a satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible to receive an award. 25. AWARD OF CONTRACT: The Town of Prosper reserves the right to award single or multiple contracts for the goods or services as stated herein. Furthermore, the Town reserves the right to take administration costs into consideration when awarding to multiple vendors. The Town may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who provides goods or services at the best value to the Town. If using the best value method, the selection criteria will be clearly identified in the bid/proposal document. The best value method may take into consideration, in whole or in part, by way of illustration and not limitation, the following criteria: A. The purchase price; B. The reputation of the respondent and of the respondent's goods or services; C. The quality of the respondent's goods or services; D. The extent to which the goods or services meet the Town's needs; E. The respondent's past relationship with the Town; F. The total long-term cost to the Town to acquire the respondent's goods or services; and/or G. Any relevant criteria specifically listed herein. 26. ACCEPTANCE: Respondent agrees that acceptance of any or all items by the Town of Prosper, Texas, within a reasonable period of time, not to exceed one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal, shall be binding upon respondent. Respondent shall thereafter execute all documents necessary to enter into a contract in a form acceptable to and properly executed by the Town to provide such goods and services. 27. CONTRACT PERIOD: Unless otherwise stated in the specifications contained herein, the contract period for this bid/proposal will be for one (1) year upon Town approval, with four (4) optional one-year renewal periods if agreeable to both parties. Renewal periods will be subject to the Town's availability of funds. 28. FUNDING: The Town of Prosper is a home -rule municipal corporation operated and funded on a fiscal year basis from October 1 to September 30. Accordingly, the Town reserves the right to terminate at any time, without liability to the Town, any contract for which funding is not available in a subsequent fiscal year. 29. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in part, to any other person or party without the prior written consent of the Town obtained through the Town's Purchasing Office. 30. INTERLOCAL AGREEMENT: The successful vendor agrees to extend prices for goods and services under the same terms and conditions of this bid/proposal to all governmental entities that have entered into, or may hereafterenter into, interlocal cooperative purchasing agreements with the Town of Prosper. 31. CHANGE ORDER: The Town of Prosper reserves the right to modify or change plans and specifications as deemed necessary after the performance of the contract has commenced, to decrease or increase the quantity of work to be performed, materials, equipment or supplies to be furnished, or address other provisions of the contract as approved by the Town Manager or Town Council, and as appropriate under state law. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the contract. All change orders or modifications to the contract shall be documented in written form by the Town of Prosper and acknowledged by the contracted vendor. All change orders and modifications to the contract shall be processed through the Purchasing Office only. 32. DELIVERY PROMISE — PENALTIES: Where indicated, respondents must provide the number of calendar days required to deliver goods or services to the Town of Prosper after receipt of order (ARO). Do not quote shipping dates. When a delivery delay can be foreseen, the vendor shall provide advance notice to the Purchasing Agent, who shall have the right to extend the delivery date if the reasons for delay are acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as contained herein or in the contract documents, authorizes the Purchasing Office to purchase goods or services from an alternate source. The defaulting vendor may be subject to re -procurement costs. 33. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working hours at the designated Town of Prosper location(s). Exhibit A to Contract for Services 34. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the specifications contained herein or in the contract documents. If the goods or services do not pass inspection, the vendor will be required to remedy the situation at the vendor's sole expense. The vendor will be required to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and return of the goods in new condition to the original point of delivery; or re -perform services in accordance with the terms and conditions of the contract and to the Town of Prosper's satisfaction. 35. INVOICES: Invoices shall be submitted to the attention of Accounts Payable Department, P.O. Box 307, Prosper, Texas 75078, or electronically to ap@prospertx.gov. 36. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the Town in the bid/proposal document. 37. AUDIT: The Town of Prosper shall have access to, and the right to examine, monitor and audit all records, documents, conditions and activities related to contracts awarded by the Town. It shall be the responsibility of the vendor to maintain records associated with this procurement for a period of three (3) years after completion of the contract, or in the event of litigation, a claim or audit, the records shall be retained until the resolution of such litigation, claim or audit. 38. INSURANCE: The Town of Prosper requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents. 39. PRICE ESCALATION: Unless otherwise stated in the specifications herein, prices must remain firm for the initial term of the contract. The contracted vendor may request an adjustment at the time of contract renewal by submitting a request in written form to the Purchasing Agent. Basis for price escalation should be based on the Consumer Price Index for the most recent twelve-month period reported for the Dallas -Fort Worth area. The contracted vendor shall provide the Town with copies of the appropriate indices for verification purposes. The Town of Prosper reserves the right to approve or reject any and all requests for price escalations. 40. PRICE REDUCTION: If during the life of the contract, the contracted vendor's net prices to other customers for the same goods or services are lower than the Town of Prosper's contracted prices, an equitable adjustment shall be made in the contract price in favor of the Town. 41. INDEMNITY: The bidder shall defend, indemnify and hold the Town of Prosper, its officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims, liabilities, liens, encumbrances or damages, including attorneys' fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received or sustained by any person, persons or property on account of any intentional wrongful conduct or negligent act, omission, or fault of the successful bidder, or of any agent, employee, subcontractor or supplier for which the successful bidder is responsible in the execution of, or performance under, any contract which may result from bid award and the bidder so agrees upon the submission of the bid. The bidder shall deliver, if so requested by the Town of Prosper, a written release of all liens or other proper evidence of same, to the satisfaction of the Town prior to the issuance of final payment by the Town. 42. PATENT RIGHTS: The bidderlproposer agrees to indemnify and hold harmless the Town of Prosper from any claim involving patent right infringement or copyright infringement on goods or services supplied to the Town pursuant to the contract documents. 43. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the Purchasing Agent within five (5) working days following the opening of bids/proposals. This includes all protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications contained herein or in the contract documents. Post -award protests must be submitted in written form to the Purchasing Agent within five (5) working days after award The protest must include, at a minimum, the name of the protester, bid/proposal number or description of goods or services, and a statement of the grounds for the protest. The Purchasing Agent, having authority to make the final determination, will respond within ten (10) working days to each substantive issue raised in the protest. Allowances for reconsiderations shall be made only if data becomes available that was not previously known, or if there has been an error of law or regulation. 44. TERMINATION FOR DEFAULT: The Town of Prosper reserves the right to enforce the performance of the contract in any manner prescribed by law and deemed to be in the best interest of the Town in the event of breach or default of the contract. The Town reserves the right to terminate the contract immediately in the event the contracted vendor fails to meet delivery schedules, or otherwise perform in accordance with the specifications contained herein or in the contract documents. Breach of contract or default authorizes the Town to award the contract to another vendor, or purchase from an alternate source, and charge the full increase in cost plus any additional administrative costs incurred by the Town to the defaulting contracted vendor. Exhibit A to Contract for Services 45. REMEDIES: The successful vendor and the Town of Prosper agree that each party may have rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity. 46. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties hereunder or the contract documents, shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action shall lie in CollinCounty, Texas. Exhibit A to Contract for Services Town of Prosper Bid No. 2019-53-A Miscellaneous Concrete Replacement Services General Information The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services, to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary vendor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. II. Technical Specifications for Concrete Materials and Services The intent of these specifications is to describe the various materials and services that the Town of Prosper Streets Division may require. The Town of Prosper Design Criteria, Construction Standards, TxDOT's Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the North Central Texas Standard Specifications for Public Works Construction, latest version will be considered as incorporated into these specifications by reference. A. Materials Sand Sand shall consist of clean, hard, durable grains, free of lumps an organic material. All particles must pass a No. 8 sieve. 2. Crushed Rock Aggregate The aggregate shall consist of durable particles of crushed stone, free from frozen material or injurious amounts of salt, alkali, vegetable matter or other material either free or as adherent coating, and its quality shall be reasonably uniform throughout. It shall have a wear of not more than 40 percent when tested in accordance with TEXDOT Test Method Tex-410-A. When tested by standard laboratory methods, crushed rock shall meet the following requirements for percentage by weight: Fine Crushed Rock — Aggregate Grade 8 Retained on the in sieve 0% Retained on the 318 in sieve 0 to 5% Exhibit A to Contract for Services 3. Retained on the No. 4 sieve Retained on the No. 8 sieve 35 to 60% 90 to 100% b. Standard Crushed Rock — Aggregate Grade 4 Retained on the 1'/2 in sieve 0% Retained on the 1 in sieve 0 to 5% Retained on the '/z in sieve 40 to 75% Retained on the No. 4 sieve 90 to 100% Retained on the No. 8 sieve 95 to 100% C. Course Crushed Rock Passing the 1'/2 in sieve 100% Retained on the % in sieve 100% d. Rock for Foundation Passing the 5 in sieve 100% Retained on the 2 in sieve 100% e. Class "A" Embedment The embedment consists of a Type "B" concrete cradle and a cap of select material or granular material. Backfill a. Types "B" and "C 1) General. Type "B" backfill is imported sandy gravel material. Type "C" backfill is native material from trench excavation. 2) Tests. The liquid limit shall not exceed 35 when tested in accordance with ASTM Designation D 423. The plasticity limit shall not exceed 12 when tested in accordance with ASTM Designation D 424. 3) Gradation. Percent of rock volume allowed is 50%. Percent of maximum allowable dimension of rock to total backfill volume is 3%. Greatest dimension of rock allowed in trenches 4 ft. or less in width is 3 in. and in trenches greater than 4 ft. in width, 6 in. Percent of backfill by volume, of clay lumps is 25%. Largest dimension of clay lumps is 6 in. for trenches 4 ft. or less in width and 10 in. for trenches greater than 4 ft. in width. 4) Flowable Backfill Flowable backfill shall consist of a mixture of native soils or manufactured materials, cement and/or fly ash, and water which produces a material with unconfined compressive strength of between 250 and 450 psi after 28 days. Any material used shall be primarily granular, with a plasticity index <12 and with 100% i► Exhibit A to Contract for Services passing a 3/4 in. sieve. The flowable mixture must be allowed to set prior to the placement of any overlying material. 4. Flexible Base (Crushed Stone) a. General. The item shall consist of a foundation course for a surface course or other base courses. b. Tests. The soil binder shall meet the following requirements: The liquid limit shall not exceed 40 when tested in accordance with ASTM Designation D423. The plasticity limit shall be between 4 and 12 when tested in accordance with ASTM Designation D 424. The preparation of samples for testing shall be in accordance with ASTM Designation D 2217. Material retained on the No. 4 sieve shall have a percent wear of not more than 45 when tested in accordance with ASTM Designation C 131.The material when tested under The Wet Ball for Determining the Disintegration of Flexible Base Materials, TXDOT Test Method Tex-116-E, shall not develop more than 50 percent soil binder. C. Gradation. The material shall be obtained from approved sources, shall consist of durable particles of stone mixed with approved binding material and shall meet the following requirements: Passing 1-3/4 in sieve 100% Passing No. 4 sieve 35 to 55% (know as binder) Passing No. 40 sieve 15 to 40% (know as soil binder) 5. Aggregate COARSE AGGREGATE GRADING Grade No. 2 — Maximum Nominal Size 1-1/2 in. Sieve Percentage Passing 2 in. 100% 1-1/2 in. 95 to 100% 3/4 in. 40 to 70% 3/8 in. 10 to 30% No. 4 0 to 5% Grade No. 3 — Maximum Nominal Size 1 in. Sieve Percentage Passing 1-1/2in. 95 to 100% 3/4 in. 60 to 90% % in. 25 to 60% No. 4 0 to 5% 3 Exhibit A to Contract for Services Grade No. 4 — Maximum Nominal Size 3/8 in. Sieve Percentage Passing % in. 95 to 100% 3/8 in. 70 to 95% No. 4 0 to 25% B. Construction Specifications The specifications for construction can be found on line, at the Town of Prosper Engineering Web site. III. Insurance ALL RESPONDENTS must submit, with the bid, proof of insurance coverage as stipulated in Exhibit A. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. Any provisions outlined in Exhibit A will be required of the successful firm only. Prior to the execution of this contract, the successful firm will supply the Purchasing Office with an original certificate of insurance evidencing the stated requirements. This insurance shall be effective for the contract duration and renewal certificates shall also be supplied upon expiration. IV. Questions Deadline The Town of Prosper requires that all questions relating to this bid be submitted online through IonWave, or via email to January Cook, Purchasing Agent, at man uary_cook ,prospertx.gov by 12:OOpm on Friday April 19, 2019. No questions will be answered over the phone. Questions will only be accepted until the stated deadline. V. Submittals In order for your bid to be considered responsive, the following information should be included with with your bid. If submitting bid online through IonWave, these items should be uploaded. A. Line Item Pricing B. References Worksheet C. Proof of Insurance Exhibit A to Contract for Services VI. Additional Notes A. The bid items for, and installation of, junction boxes and headwall, are intended as new construction at the inflow or outfall of an existing pipe. B. The only storm drain work associated with headwall is the tie in of the existing pipe, sized as indicated in the bid, which is typical installation for a headwall. Junction boxes typically include a minimum tie-in of two pipes, but could include a maximum of four. Please account for the tie in of pipe(s) as subsidiary to the cost for installation of the junction box. C. During the term of the contract, the successful vendor will be required to provide an itemized written quote for each miscellaneous concrete replacement job requested by Public Works, utilizing the descriptions as stated herein, and the unit prices submitted on this Bid Pricing Worksheet. Invoices will be submitted in the same manner. D. Traffic Control for street repairs, will be paid for by job. Traffic Control plans when required, shall be submitted, reviewed and approved by Public Works. E. Sand will not allowed under sidewalks, driveways or roadways. F. Contractor shall notify residents 48 hours prior to work. G. When required contractor shall move trash and recycle bins for residents in work zone. H. Mailboxes will be provide when required for contractor to install. All paving will include number four bars on twenty-four inch centers. J. Limits of full depth saw cut shall be paid for perimeter area. K. Curb will be subsidiary to Concrete removal when removed together. L. Removal and installation of Integral six-inch curb will be subsidiary to concrete pavement. i. Exhibit A to Contract for Services INSURANCE REQUIREMENTS CONSTRUCTION SERVICES Services for construction projects, including but not limited to: General Contractors, Demolition Contractors, Utility Contractors, Building Contractors, Street and Road Contractors, etc. Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor's bid. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. "Occurrence" form only, "claims made" forms are unacceptable. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers' Liability Insurance. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. B. MINIMUM LIMITS OF INSURANCE Contractor shall maintain throughout contract limits not less than: Commercial General Liability: $1,000,000 per occurrence I $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises I Operations b. Broad Form Contractual Liability C. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage Explosion Collapse and Underground (XCU) Coverage. Workers Compensation and Employer's Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer's Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non -owned autos. Builders' Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. Exhibit A to Contract for Services $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. C. DEDUCTIBLES AND SELF -INSURED RETENTIONS Any deductible or self -insured retentions in excess of $10,000 must be declared to and approved by the Town. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: General Liability and Automobile Liability Coverages: a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as "Additional Insured's" relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The contractor's insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The contractor's insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured's limits of liability. Workers Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non -renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non- payment. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best's rating of no less than A- VI, or better. VERIFICATION OF COVERAGE Contractor shall provide the Town with certificates of insurance indicating coverage's required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Exhibit B to Contract for Services 01 �� I tit T-L.)RbSPER 2019-53-A Wopac Construction Inc. Supplier Response Event Information Number: 2019-53-A Title: Miscellaneous Concrete Replacement Services Type: Request for Bids Issue Date: 4/10/2019 Deadline: 4/26/2019 03.00 PM (CT) Notes: The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary contractor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. Contact Information Page 1 of 5 pages Vendor: Wopac Construction Inc. 2019-53-A Contact: January Cook Purchasing Agent Exhibit B to Contract for Services Address: 200 S. Main St. P.O. Box 307 Purchasing Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1018 Email: january_cook@prospertx.gov Page 2 of 5 pages Vendor: Wopac Construction Inc. 2019-53-A Exhibit B to Contract for Services Wopac Construction Inc. Information Contact: Adam Leach Address: P.O. Box 819 Prosper, TX 75078 Phone: (972) 562-8316 Fax: (903) 433-2123 Email: adamleachwopac@aol.com By submitting your response, you certify that you are authorized to represent and bind your company. Adam Leach Signature Submitted at 412512019 5:20:46 PM Requested Attachments References Worksheet Proof of Insurance Coverage Per section III. of the specifications Bid Lines adamleachwopac@aol.com Email Reference Work Sheet for City of Prosper 2019-53-A.pdf Insurance Cert for Town of Prosper.pdf 1 Remove 6"-8" Reinforced Concrete Pavement 0-50 SY Quantity: 1 UOM: SY Unit Price: $30.00 Total: $30.00 8 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 51+250 SY Quantity: 1 UOM: SY Unit Price: 1 $62.00 Total: $62.00 Page 3 of 5 pages Vendor: Wopac Construction Inc. 2019-53-A 2 Install 5" Reinforced Concrete Drive Approach (3,600psi) 3 Quantity: 1 UOM: SY Unit Price: $58. 00 Total: $58.00 Page 4 of 5 pages Vendor: Wopac Construction Inc. 2019-53-A 3 5" to 6" Stamped Patterned Median Pavement and Street Pavement, move than 100 SF, Color to be applied to 0 surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: 1 $14.00 Total: $14.00 Response Total: $8,561.90 Page 5 of 5 pages Vendor: Wopac Construction Inc. 2019-53-A Exhibit B to Contract for Services CC CERTIFICATE OF LIABILITY INSURANCE DATE 4I2 201p 1 ACOR�� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Box Insurance Agency NAME; (FAXrrc No:817-424-14041200 S. Main 5t., Ste 1600 Grapevine TX 76051 ADDRESS. TRE ASS. certificates@boxinsurance.com INSURER A: BITCO Insurance Companies 1 20095 INSURED WOPA-C2 WOPAC Construction, Inc. wsuRERB: PO Box 819 INSURtaRC: Prosper TX 75078 INSURERD: F: COVERAGES CERTIFICATE NUMBER: 413738427 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OF INSURANCE ADDL UB POLICY NUMBER POLICY EFF MM1oe POLICY EXP MWD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I —XI OCCUR Y Y OLP367WI 12J412018 1214/2019 EACH OCCURRENCE 5 $1,OD0,000 DAMAGE L O PRE IS a.Occu occurrenee S $i00,D00 MED EXP Any one person) S $10,000 PERSONAL & AOV INJURY S $1,000,000 GENERAL AGGREGATE S $2.000,000 GENT AGGREGATE LIMIT APPLIES PER POLICY X PRO- LOC PRODUCTS - COMP/OP AGG S62,000,000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDALITOS AUTOS Y Y CAP3676494 12JQ01 B 12r412D19 TO, accidentMBINED SINGLE LIMIT E 0 BODILY INJURY (Per person) S BODILY INJURY (Per acaderd) S PROPERTY DAMAGE PEr466dant s A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE OUP2816479 W1212v19 17J4/2019 EACH OCCURRENCE $1,000.000 AGGREGATE S 1,000,000 DED I I RETENTIONS FOLLOW FORM $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY OFFICERIMEMBEER EXCLUDED PROPRIETORIPARTNERJEXECUTIVE (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below Nr A Y WC3676452 1214/2018 12/4/2019 WCSTATU- OR - $ $1,000,000 E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE $ E1,090,900 E.L DISEASE - POLICY LIMIT $ $1,000.000 A RantadfLaased Equipment OLP3676451 12/4/2018 1214/2019 Limit $600,000 Deductible S1,0DU DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Prosper 200 S. Main Street Prosper TX 75078 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Exhibit B to Contract for Services References Please provide at least three (3) verifiable references for same or similar services as the Town has specified in the solicitation, in the spaces provided below. Company Name: Contact Name: Address: Email Address: Phone: Z 1-A — El l ~- 3201 Effective Dates: a;00 T r_yy--4,�V Description of Services:_? ob2cIt-Q-)4t RLOP ftlkS o� 11VP�Rio��r� ut� Company Name: CObtif. w()ILg.G Contact Name: _ ,AA Aeu.%S :L w4 Address: -i UL) A u)Iu 1ijp Ror-D Company Name: Contact Name: Address: Email Address: S -Pool ercSagP06`%/ .Q 0V 21CMS RCS Tti . 610✓ Phone: 2_ILA — &5C> - "lt 2 q Effective Dates: AO1(2 Description of Services: �T�iGk'C 12 { yILS - �, boJb3r� ion- a_nY_A'_-Vrr AaJuA_- _,_,�- TOWN OF PROSPER CONTRACT FOR SERVICES (SECONDARY VENDOR) BID NO. 2019-53-A This Contract is made by the Town of Prosper, Texas, a municipal corporation ("Town") and HQS Construction, LLC ("Contractor"). The Town and Contractor agree: 1. EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: Miscellaneous Concrete Replacement Services (hereinafter referred to as "Services") in connection with the terms and conditions as set forth in Exhibit A, attached hereto and incorporated by reference. 2. SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing. 3. SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately. 4. CONTRACT PERIOD. The contract period is for one (1) year from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one-year terms on an annual basis, if written notice of the intent to renew is provided to either party not less than sixty (60) days prior to the termination date. 5. COMPENSATION. Contractor's total compensation for services to be performed and expenses to be incurred is specified in Exhibit B. 6. PAYMENTS. Payments will be processed on a monthly basis with payment available within thirty (30) days after receipt of the invoice for the previous month's service or as set forth in Exhibit A. 7. INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Accounts Payable, Town of Prosper, P.O. Box 307, Prosper, TX 75078, or emailed to accounts_payable@prospertx.gov. 8. RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. 9. INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor. 10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract. 11. INDEMNIFICATION. As specified in Exhibit A. 12. TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer their interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent. 13. AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 14. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, disability or any other protected characteristic. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin, disability or any other protected characteristic. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants employment and employees as the law may require. 15. TERMINATION OF CONTRACT. Town may terminate this Contract upon sixty (60) days written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice. Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. In the event of any termination hereunder, the Contractor consents to Town's selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law. 16. CONTRACTOR'S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 17. TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town's written approval before such work begins. 18. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are provided directly by Contractor or by any subcontractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town's prior written consent. 19. DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor's employees, a full report of the facts, extent of the damage and estimated impact on the Contractor's schedule shall be submitted to the Town by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of town property, the Contractor must notify Police Dispatch immediately. The Contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor's officers, employees or agents. 20. TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor's personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor's compensation shall be equitably adjusted to reflect any difference in the Contractor's costs occasioned by such substitution. 21. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right - to -Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town's representative are followed. 22. NON -BINDING MEDIATION. In the event of any disagreement or conflict concerning the interpretation of this Contract, and such disagreement cannot be resolved by the Town and the Contractor, the Town and Contractor agree to submit such disagreement to non -binding mediation. 23. ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control. 24. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified: January M. Cook, CPPO, CPPB Purchasing Agent Town of Prosper P.O. Box 307 Prosper, TX 75078 january_cook@prospertx.gov All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified: Shahid Rasul HQS Construction, LLC P.O. Box 250771 Plano, TX 75025 srasul@hgsconstruction.com Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand - delivered. 25. LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included. 26. GOVERNING LAW. The validity of this Contract and any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for this Contract shall be located in Collin County, Texas. 27. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original. 28. EFFECTIVE DATE. This Contract shall be effective once it is signed by the Town and Contractor. AGREED TO BY: HQS CONSTRUCTION, LLC By: Name: Title: Date: TOWN OF PROSPER, TEXAS Harlan Jefferson Town Manager Date: Exhibit A to Contract for Services 01 �� I tit T-L-)RbSPER 2019-53-A Miscellaneous Concrete Replacement Services Issue Date: 4/10/2019 Questions Deadline: 4/19/2019 12.00 PM (CT) Response Deadline: 4/26/2019 03.00 PM (CT) Contact Information Contact: January Cook Purchasing Agent Address: 200 S. Main St. P.O. Box 307 Purchasing Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1018 Email: january_cook@prospertx.gov Page 1 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Exhibit A to Contract for Services Event Information Number: 2019-53-A Title: Miscellaneous Concrete Replacement Services Type: Request for Bids Issue Date: 4/10/2019 Question Deadline: 4/19/2019 12:00 PM (CT) Response Deadline: 4/26/2019 03:00 PM (CT) Notes: The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary contractor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bid Attachments Billing Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Standard Terms and Conditions for Procurements.pdf Standard Terms and Conditions for Procurements Bid No. 2019-53-A Bid Specifications. pdf Bid No. 2019-53-A Bid Specifications Insurance Requirements for Construction Services (1).pdf Insurance Requirements for Construction Services References Worksheet.pdf References Worksheet Page 2 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Conflict of Interest Question naire.pdf Conflict of Interest Questionnaire Exhibit A to Contract for Services Requested Attachments References Worksheet (Attachment required) Proof of Insurance Coverage (Attachment required) Per section III. of the specifications Bid Lines 11 Remove 6"-8" Reinforced Concrete Pavement 0-50 SY Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Unit Price: 1 $ Total: 1 $ 2 1 Remove 6"-8" Reinforced Concrete Pavement 51-250 SY Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 El No bid ❑ Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: I $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 3 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 3 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 4 Remove 6"-8" Reinforced Concrete Pavement Alley 51-250 SY Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 5 Install 6" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY Quantity: 1 UOM: SY Unit Price: 1 $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 4 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 6 Install 6" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 7 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 0-50 SY Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 8 Install 6" Reinforced Concrete Pavement, Alley (4,000 psi) 51+250 SY Quantity: 1 UOM: SY Unit Price: 1 $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 5 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 9 Install 8" Reinforced Concrete Pavement, (4,000 psi) 0-50 SY Exhibit A to Contract for Services Quantity: 1 UOM: SY Unit Price: I $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 1 Install 8" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY 0 Quantity: 1 UOM: SY Unit Price: I $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 1 Saw Cut Full Depth Concrete Pavement and Alley Pavement 1 Quantity: 1 UOM: LF Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 6 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 I Saw Cut Full Depth Concrete Sidewalk 2 Quantity 1 UOM: LF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 1 I Remove 4"-5"Concrete Sidewalk, 0-50 SF 3 Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ ❑ No bid ❑ Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 1 Remove 4"-5"Concrete Sidewalk, 51-250 SF 4 Quantity: 1 UOM: SF Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 7 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 Install 4"-5"Concrete Sidewalk, (3,500 psi) 0-50 SY 5 Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ 1 I Install 4"-5"Concrete Sidewalk, (3,500 psi) 51-250 SF 6 Unit Price: I $ Total: I $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Quantity 1 UOM: SF Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) Page 8 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 4" to 5" Stamped Patterned Sidewalk Concrete, 10-150 SY (Min. 10SY), Color to<biatappOedrta tudaae of wet 7 concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 1 I Traffic Control (for Street Paving Each Job) 8 Quantity 1 UOM: EA Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 El No bid Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 9 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 1 I Unclassified Excavation, 0-50 CY 9 Quantity 1 UOM: CY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 Handicap Ramps 0 Quantity: 1 UOM: EA Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ El No bid Additional notes (Attach separate sheet) Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 2 Crushed Concrete Base or Flex Base —Supplied, placed & Compacted (sidewalks) 1 Quantity: 1 UOM: CY Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 10 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 SDHPT (Grade 2) Type `A' Flex Base -Supplied, Place & Compacted (Streets &xAHieys) contract for services 2 Quantity: 1 UOM: CY Unit Price: $ ITotal: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 1 Install 5" Reinforced Concrete Drive Approach (3,600psi) 3 Unit Price: I $ Total: I $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid ❑ Additional notes (Attach separate sheet) 2 Install 6" Reinforced Concrete Drive Approach (4,000psi) 4 Quantity: 1 UOM: SY Unit Price: $ Total: $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov ❑ No bid Additional notes (Attach separate sheet) Page 11 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 I Remove 3' x 3' Junction Box or Grate Inlet 5 Quantity: 1 Supplier Notes: UOM: EA Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 I Install 3' x 3' Junction Box or Grate Inlet 6 Quantity: 1 Supplier Notes: UOM: EA Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 2 I Install Sod, 1"-2" Bermuda 7 Quantity: 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Bill To Information El No bid Additional notes (Attach separate sheet) Total: 1 $ ❑ No bid ❑ Additional notes (Attach separate sheet) Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Unit Price: 1 $ Bill To Information Total: 1 $ ❑ No bid Additional notes (Attach separate sheet) Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov Page 12 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 2 I Install Sod, 1"-2" St. Augustine 8 Quantity 1 UOM: SY Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Exhibit A to Contract for Services Unit Price: $ Total: 1 $ Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) 2 5" to 6" Stamped Patterned Median Pavement and Street Pavement, 10-100 SF (Min. 10 SF), Color to be applied 9 to surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: $ Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 13 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A 3 5" to 6" Stamped Patterned Median Pavement and Street Pavement, move tham4-WSiFcGelwtobevapplied to U surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: $- Total: 1 $ Supplier Notes: Ship To Information Contact: Frank Jaromin Address: 601 W. Fifth St. P.O. Box 307 Public Works Prosper, TX 75078 Phone: (972) 347-9969 Bill To Information Contact: Accounts Payable Address: 200 S. Main St. P.O. Box 307 Finance Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1017 Email: ap@prospertx.gov El No bid Additional notes (Attach separate sheet) Page 14 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Supplier Information Exhibit A to Contract for Services Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 15 of 15 pages Deadline: 4/26/2019 03:00 PM (CT) 2019-53-A Exhibit A to Contract for Services TOWN OF PROSPER STANDARD TERMS & CONDITIONS FOR PROCUREMENTS 1. APPLICABILITY: These standard terms and conditions apply to all goods or services procured by the Town of Prosper ("Town"), unless otherwise stated in the specifications. The instructions contained herein shall be incorporated into the contract as well as any subsequent purchase order(s) issued for goods or services, and shall be included as part of the specifications issued herewith. 2. NOTIFICATION: The Town of Prosper advertises formal procurement opportunities through www.prospertx.gov, www.ionwave.net and The Prosper Press. The Town shall not be responsible for information distributed by sources other than those listed. 3. ADDENDA: Any revisions to the information contained herein will be issued in the form of one or more addenda. The sole issuing authority shall be vested in the Town of Prosper Purchasing Office. If addenda containing material changes to the specifications or pricing form are issued, the respondent shall acknowledge receipt of such addenda in the designated section on the Bid/Proposal Certification Form. It isthe responsibility of the bidder/proposer to obtain and acknowledge any and all addenda.Failure to acknowledge receipt of any addenda may be cause to deem such submission non -responsive. 4. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from these specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 5. MINOR DEFECT: The Town of Prosper reserves the right to waive any minor defect, irregularity, or informality in any bid/proposal. Minor defects, irregularities or informalities will not affect the end product/performance intended by the specifications.The Town also reserves the right to reject any or all bids/proposals with or without cause prior to award. 6. ELECTRONIC SUBMISSIONS: The Town of Prosper utilizes Ion Wave to advertise and receive bids and proposals electronically over the Internet. Electronic submissions through Ion Wave shall be electronically signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents should clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non -responsive. 7. PAPER SUBMISSIONS: Paper submissions shall be submitted on the forms provided by the Town of Prosper and must be signed and dated by a duly designated representative or agent of the company submitting the bid/proposal. Respondents shall clearly and concisely provide all requested information as stated in the bid/proposal document. Failure to provide the requested information may be reason to deem such submission non -responsive. 8. PRESENTATION OF BIDS/PROPOSALS: Paper submissions shall be presented to The Town of Prosper Purchasing Office, 151 S. Main Street, Prosper, Texas 75078, prior tothe stated deadline. Paper submissions shall be presented in a sealed envelope with respondent's name and the bid/proposal number clearly identified on the outside of the envelope. 9. LATE SUBMISSIONS: The date/time stamp located in the Town of Prosper Purchasing Office serves as the official time clock. Submissions received in the Purchasing Office after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. 10. PRICING: Prices offered shall be submitted for units of quantity as specified in the bid/proposal document, extended and totaled. In the case of a discrepancy in the extended price, the unit price shall govern and control. Any alteration, strike -through or erasure of a unit price or extended price made prior to bid/proposal opening shall be initialed by the signer of the bid/proposal, guaranteeing authenticity. FOR BIDS ONLY: Prices offered cannot be altered or amended after the submission deadline. Bids may not be changed for the purpose of correcting an error in bid price after bid opening. 11. TAXES: The Town of Prosper is exempt from paying federal excise and transportation taxes and Texas State or local sales and use taxes. Tax shall not be included in prices offered. A Tax Exempt Form will be provided by the Town of Prosper upon request. A request for a Tax Exempt Form can be submitted in writing to january_cook@prospertx.gov or by contacting the Purchasing Office at 972.569.1018. 12. WITHDRAWAL OF OFFER: Respondent agrees that an offer may not be withdrawn or cancelled for a period of one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal without written approval of the Purchasing Agent. Exhibit A to Contract for Services 13. F.O.B./DAMAGE:Prices offered shall be F.O.B. Final Destination, Town of Prosper, Texas, and shall be all inclusive of shipping, handling and packaging costs. The Town accepts and assumes no liability for goods delivered in damaged or unacceptable condition. The successful respondent shall be responsible for handling all claims with carriers, and in case of damaged or unacceptable goods, shall ship replacement goods immediately upon notification by the Town. 14. PREPARATION COST: All costs associated with the preparation of an offer shall be borne by the respondent. The Town of Prosper will not be liable for any costs associated with the preparation, transmittal, or presentation of submissions, or with any materials submitted in response to the same. 15. TESTING: At the Town of Prosper's discretion, testing may be required prior to award of the bid/proposal or prior to delivery of goods or services. Testing shall be performed without expense to the Town. 16. SAMPLES: At the Town of Prosper's discretion, samples may be required prior to award of the bid/proposal or prior to delivery of goods or services. Samples shall be provided at no cost to the Town. Samples should not be enclosed with submission unless specifically requested. 17. QUALITY: Any catalog, brand names, or manufacturer's reference in this bid/proposal packet is merely descriptive and not restrictive, and is intended to indicate the type and minimum quality level desired for comparison purposes, unless otherwise stated herein to the contrary. All products and/or optional equipment offered shall be new and of current manufacture. No items of a demonstrator, leased, reconditioned, rebuilt, repossessed or used nature shall be considered, unless otherwise specifically stated herein. 18. BIDIPROPOSAL OPENINGS: All offers will be read aloud at the Town of Prosper's scheduled opening for the designated bid/proposal. However, the reading of an offer shall not be construed as a comment on the responsiveness of such offer, or as any indication that the Town accepts such offer as responsive. Neither shall such reading be construed as a comment on the responsibility of the bidder/proposer. The Town of Prosper will make a determination regarding the responsiveness of offers submitted based upon compliance with all applicable laws and the Town of Prosper's purchasing guidelines and project documents including, but not necessarily limited to, the bid/proposal specifications and contract documents. The Town will notify the successful respondent upon award of the contract; and, according to State law all offers received will be available for inspection after award. For processes other than low bid or best value bid, only the names of respondents will be read aloud at the scheduled opening. Pricing information will not be released until after award of the contract. 19. SUMMARY SHEET: Bid/Proposal summary results are typically published within one (1) business day after the scheduled opening. Interested parties desiring a copy of a bid/proposal summary sheet may request the same by submitting a written request tojanuary_cook@prospertx.gov. RESULTS WILL NOT BE RELAYED OVER THE TELEPHONE. 20. ANTI -COLLUSION: In submitting an offer, respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered. 21. NO PROHIBITED INTEREST: Respondent acknowledges awareness of the laws, Town Charter, and Town Code of Ethics regarding conflicts of interest. No officer, employee or agent of the Town of Prosper shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by Section 1.10of the Town's Code of Ordinances and/or Chapter 171 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein. 22. NON-RESIDENT BIDDERS: Texas Government Code, Chapter 2252: Non -Resident Bidders. Texas law prohibits city and governmental units from awarding contracts to a non-resident bidder/proposerunless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-resident bidder's state. 23. DELINQUENT TAXES: Any person, firm, or corporation that is in arrears to the Town of Prosper for delinquent taxes or otherwise, will not be recommended for award of any bid/proposal until the arrearage has been cleared in writing. If a contractor or vendor becomes delinquent while a contract is in force, payment for goods or services provided to the Town under said contract or purchase order may be withheld until the arrearage has been cleared in writing. 24. MINIMUM STANDARDS FOR RESPONSIBILITY: A prospective vendor must affirmatively demonstrate responsibility. The Town of Prosper may request representation and other information sufficient to determine respondent's ability to meet the minimum standards including but not limited to: Exhibit A to Contract for Services A. Have adequate financial resources, or the ability to obtain such resources as required; B. Ability to comply with the required or proposed delivery schedule; C. Have a satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible to receive an award. 25. AWARD OF CONTRACT: The Town of Prosper reserves the right to award single or multiple contracts for the goods or services as stated herein. Furthermore, the Town reserves the right to take administration costs into consideration when awarding to multiple vendors. The Town may award bids/proposals to the lowest responsive responsible vendor(s), or to the vendor(s) who provides goods or services at the best value to the Town. If using the best value method, the selection criteria will be clearly identified in the bid/proposal document. The best value method may take into consideration, in whole or in part, by way of illustration and not limitation, the following criteria: A. The purchase price; B. The reputation of the respondent and of the respondent's goods or services; C. The quality of the respondent's goods or services; D. The extent to which the goods or services meet the Town's needs; E. The respondent's past relationship with the Town; F. The total long-term cost to the Town to acquire the respondent's goods or services; and/or G. Any relevant criteria specifically listed herein. 26. ACCEPTANCE: Respondent agrees that acceptance of any or all items by the Town of Prosper, Texas, within a reasonable period of time, not to exceed one hundred twenty (120) days following the date and time designated for the receipt of the bid/proposal, shall be binding upon respondent. Respondent shall thereafter execute all documents necessary to enter into a contract in a form acceptable to and properly executed by the Town to provide such goods and services. 27. CONTRACT PERIOD: Unless otherwise stated in the specifications contained herein, the contract period for this bid/proposal will be for one (1) year upon Town approval, with four (4) optional one-year renewal periods if agreeable to both parties. Renewal periods will be subject to the Town's availability of funds. 28. FUNDING: The Town of Prosper is a home -rule municipal corporation operated and funded on a fiscal year basis from October 1 to September 30. Accordingly, the Town reserves the right to terminate at any time, without liability to the Town, any contract for which funding is not available in a subsequent fiscal year. 29. ASSIGNMENT: The successful vendor shall not sell, assign, transfer or convey any contract, in whole or in part, to any other person or party without the prior written consent of the Town obtained through the Town's Purchasing Office. 30. INTERLOCAL AGREEMENT: The successful vendor agrees to extend prices for goods and services under the same terms and conditions of this bid/proposal to all governmental entities that have entered into, or may hereafterenter into, interlocal cooperative purchasing agreements with the Town of Prosper. 31. CHANGE ORDER: The Town of Prosper reserves the right to modify or change plans and specifications as deemed necessary after the performance of the contract has commenced, to decrease or increase the quantity of work to be performed, materials, equipment or supplies to be furnished, or address other provisions of the contract as approved by the Town Manager or Town Council, and as appropriate under state law. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the contract. All change orders or modifications to the contract shall be documented in written form by the Town of Prosper and acknowledged by the contracted vendor. All change orders and modifications to the contract shall be processed through the Purchasing Office only. 32. DELIVERY PROMISE — PENALTIES: Where indicated, respondents must provide the number of calendar days required to deliver goods or services to the Town of Prosper after receipt of order (ARO). Do not quote shipping dates. When a delivery delay can be foreseen, the vendor shall provide advance notice to the Purchasing Agent, who shall have the right to extend the delivery date if the reasons for delay are acceptable. Default in promised delivery, without acceptable reason(s), or failure to meet specifications as contained herein or in the contract documents, authorizes the Purchasing Office to purchase goods or services from an alternate source. The defaulting vendor may be subject to re -procurement costs. 33. DELIVERY TIMES: Unless otherwise specified herein, deliveries will only be accepted during normal working hours at the designated Town of Prosper location(s). Exhibit A to Contract for Services 34. INSPECTION: Upon receipt of goods or services, the same will be inspected for compliance with the specifications contained herein or in the contract documents. If the goods or services do not pass inspection, the vendor will be required to remedy the situation at the vendor's sole expense. The vendor will be required to retrieve the rejected goods at the delivery point and provide the necessary repairs of or replacement and return of the goods in new condition to the original point of delivery; or re -perform services in accordance with the terms and conditions of the contract and to the Town of Prosper's satisfaction. 35. INVOICES: Invoices shall be submitted to the attention of Accounts Payable Department, P.O. Box 307, Prosper, Texas 75078, or electronically to ap@prospertx.gov. 36. PAYMENT TERMS: Payment terms are net 30 days, unless otherwise specified by the Town in the bid/proposal document. 37. AUDIT: The Town of Prosper shall have access to, and the right to examine, monitor and audit all records, documents, conditions and activities related to contracts awarded by the Town. It shall be the responsibility of the vendor to maintain records associated with this procurement for a period of three (3) years after completion of the contract, or in the event of litigation, a claim or audit, the records shall be retained until the resolution of such litigation, claim or audit. 38. INSURANCE: The Town of Prosper requires vendor(s) to carry the minimum insurance as required by the greater of the requirements contained in state laws or the insurance requirements contained in the contract documents. 39. PRICE ESCALATION: Unless otherwise stated in the specifications herein, prices must remain firm for the initial term of the contract. The contracted vendor may request an adjustment at the time of contract renewal by submitting a request in written form to the Purchasing Agent. Basis for price escalation should be based on the Consumer Price Index for the most recent twelve-month period reported for the Dallas -Fort Worth area. The contracted vendor shall provide the Town with copies of the appropriate indices for verification purposes. The Town of Prosper reserves the right to approve or reject any and all requests for price escalations. 40. PRICE REDUCTION: If during the life of the contract, the contracted vendor's net prices to other customers for the same goods or services are lower than the Town of Prosper's contracted prices, an equitable adjustment shall be made in the contract price in favor of the Town. 41. INDEMNITY: The bidder shall defend, indemnify and hold the Town of Prosper, its officers, agents and employees harmless from any and all costs, expenses, suits, demands, claims, liabilities, liens, encumbrances or damages, including attorneys' fees and costs of suit, of any character, name and description, incurred or resulting from any injuries or damages received or sustained by any person, persons or property on account of any intentional wrongful conduct or negligent act, omission, or fault of the successful bidder, or of any agent, employee, subcontractor or supplier for which the successful bidder is responsible in the execution of, or performance under, any contract which may result from bid award and the bidder so agrees upon the submission of the bid. The bidder shall deliver, if so requested by the Town of Prosper, a written release of all liens or other proper evidence of same, to the satisfaction of the Town prior to the issuance of final payment by the Town. 42. PATENT RIGHTS: The bidderlproposer agrees to indemnify and hold harmless the Town of Prosper from any claim involving patent right infringement or copyright infringement on goods or services supplied to the Town pursuant to the contract documents. 43. PROTESTS: All protests regarding the solicitation process must be submitted in written form to the Purchasing Agent within five (5) working days following the opening of bids/proposals. This includes all protests relating to legal advertisements, deadlines, bid/proposal openings, and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications contained herein or in the contract documents. Post -award protests must be submitted in written form to the Purchasing Agent within five (5) working days after award The protest must include, at a minimum, the name of the protester, bid/proposal number or description of goods or services, and a statement of the grounds for the protest. The Purchasing Agent, having authority to make the final determination, will respond within ten (10) working days to each substantive issue raised in the protest. Allowances for reconsiderations shall be made only if data becomes available that was not previously known, or if there has been an error of law or regulation. 44. TERMINATION FOR DEFAULT: The Town of Prosper reserves the right to enforce the performance of the contract in any manner prescribed by law and deemed to be in the best interest of the Town in the event of breach or default of the contract. The Town reserves the right to terminate the contract immediately in the event the contracted vendor fails to meet delivery schedules, or otherwise perform in accordance with the specifications contained herein or in the contract documents. Breach of contract or default authorizes the Town to award the contract to another vendor, or purchase from an alternate source, and charge the full increase in cost plus any additional administrative costs incurred by the Town to the defaulting contracted vendor. Exhibit A to Contract for Services 45. REMEDIES: The successful vendor and the Town of Prosper agree that each party may have rights, duties, and remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity. 46. VENUE: The validity of the contract and of any of its terms or provisions, as well as the rights and duties hereunder or the contract documents, shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action shall lie in CollinCounty, Texas. Exhibit A to Contract for Services Town of Prosper Bid No. 2019-53-A Miscellaneous Concrete Replacement Services General Information The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services, to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary vendor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. II. Technical Specifications for Concrete Materials and Services The intent of these specifications is to describe the various materials and services that the Town of Prosper Streets Division may require. The Town of Prosper Design Criteria, Construction Standards, TxDOT's Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the North Central Texas Standard Specifications for Public Works Construction, latest version will be considered as incorporated into these specifications by reference. A. Materials Sand Sand shall consist of clean, hard, durable grains, free of lumps an organic material. All particles must pass a No. 8 sieve. 2. Crushed Rock Aggregate The aggregate shall consist of durable particles of crushed stone, free from frozen material or injurious amounts of salt, alkali, vegetable matter or other material either free or as adherent coating, and its quality shall be reasonably uniform throughout. It shall have a wear of not more than 40 percent when tested in accordance with TEXDOT Test Method Tex-410-A. When tested by standard laboratory methods, crushed rock shall meet the following requirements for percentage by weight: Fine Crushed Rock — Aggregate Grade 8 Retained on the in sieve 0% Retained on the 318 in sieve 0 to 5% Exhibit A to Contract for Services 3. Retained on the No. 4 sieve Retained on the No. 8 sieve 35 to 60% 90 to 100% b. Standard Crushed Rock — Aggregate Grade 4 Retained on the 1'/2 in sieve 0% Retained on the 1 in sieve 0 to 5% Retained on the '/z in sieve 40 to 75% Retained on the No. 4 sieve 90 to 100% Retained on the No. 8 sieve 95 to 100% C. Course Crushed Rock Passing the 1'/2 in sieve 100% Retained on the % in sieve 100% d. Rock for Foundation Passing the 5 in sieve 100% Retained on the 2 in sieve 100% e. Class "A" Embedment The embedment consists of a Type "B" concrete cradle and a cap of select material or granular material. Backfill a. Types "B" and "C 1) General. Type "B" backfill is imported sandy gravel material. Type "C" backfill is native material from trench excavation. 2) Tests. The liquid limit shall not exceed 35 when tested in accordance with ASTM Designation D 423. The plasticity limit shall not exceed 12 when tested in accordance with ASTM Designation D 424. 3) Gradation. Percent of rock volume allowed is 50%. Percent of maximum allowable dimension of rock to total backfill volume is 3%. Greatest dimension of rock allowed in trenches 4 ft. or less in width is 3 in. and in trenches greater than 4 ft. in width, 6 in. Percent of backfill by volume, of clay lumps is 25%. Largest dimension of clay lumps is 6 in. for trenches 4 ft. or less in width and 10 in. for trenches greater than 4 ft. in width. 4) Flowable Backfill Flowable backfill shall consist of a mixture of native soils or manufactured materials, cement and/or fly ash, and water which produces a material with unconfined compressive strength of between 250 and 450 psi after 28 days. Any material used shall be primarily granular, with a plasticity index <12 and with 100% i► Exhibit A to Contract for Services passing a 3/4 in. sieve. The flowable mixture must be allowed to set prior to the placement of any overlying material. 4. Flexible Base (Crushed Stone) a. General. The item shall consist of a foundation course for a surface course or other base courses. b. Tests. The soil binder shall meet the following requirements: The liquid limit shall not exceed 40 when tested in accordance with ASTM Designation D423. The plasticity limit shall be between 4 and 12 when tested in accordance with ASTM Designation D 424. The preparation of samples for testing shall be in accordance with ASTM Designation D 2217. Material retained on the No. 4 sieve shall have a percent wear of not more than 45 when tested in accordance with ASTM Designation C 131.The material when tested under The Wet Ball for Determining the Disintegration of Flexible Base Materials, TXDOT Test Method Tex-116-E, shall not develop more than 50 percent soil binder. C. Gradation. The material shall be obtained from approved sources, shall consist of durable particles of stone mixed with approved binding material and shall meet the following requirements: Passing 1-3/4 in sieve 100% Passing No. 4 sieve 35 to 55% (know as binder) Passing No. 40 sieve 15 to 40% (know as soil binder) 5. Aggregate COARSE AGGREGATE GRADING Grade No. 2 — Maximum Nominal Size 1-1/2 in. Sieve Percentage Passing 2 in. 100% 1-1/2 in. 95 to 100% 3/4 in. 40 to 70% 3/8 in. 10 to 30% No. 4 0 to 5% Grade No. 3 — Maximum Nominal Size 1 in. Sieve Percentage Passing 1-1/2in. 95 to 100% 3/4 in. 60 to 90% % in. 25 to 60% No. 4 0 to 5% 3 Exhibit A to Contract for Services Grade No. 4 — Maximum Nominal Size 3/8 in. Sieve Percentage Passing % in. 95 to 100% 3/8 in. 70 to 95% No. 4 0 to 25% B. Construction Specifications The specifications for construction can be found on line, at the Town of Prosper Engineering Web site. III. Insurance ALL RESPONDENTS must submit, with the bid, proof of insurance coverage as stipulated in Exhibit A. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. Any provisions outlined in Exhibit A will be required of the successful firm only. Prior to the execution of this contract, the successful firm will supply the Purchasing Office with an original certificate of insurance evidencing the stated requirements. This insurance shall be effective for the contract duration and renewal certificates shall also be supplied upon expiration. IV. Questions Deadline The Town of Prosper requires that all questions relating to this bid be submitted online through IonWave, or via email to January Cook, Purchasing Agent, at man uary_cook ,prospertx.gov by 12:OOpm on Friday April 19, 2019. No questions will be answered over the phone. Questions will only be accepted until the stated deadline. V. Submittals In order for your bid to be considered responsive, the following information should be included with with your bid. If submitting bid online through IonWave, these items should be uploaded. A. Line Item Pricing B. References Worksheet C. Proof of Insurance Exhibit A to Contract for Services VI. Additional Notes A. The bid items for, and installation of, junction boxes and headwall, are intended as new construction at the inflow or outfall of an existing pipe. B. The only storm drain work associated with headwall is the tie in of the existing pipe, sized as indicated in the bid, which is typical installation for a headwall. Junction boxes typically include a minimum tie-in of two pipes, but could include a maximum of four. Please account for the tie in of pipe(s) as subsidiary to the cost for installation of the junction box. C. During the term of the contract, the successful vendor will be required to provide an itemized written quote for each miscellaneous concrete replacement job requested by Public Works, utilizing the descriptions as stated herein, and the unit prices submitted on this Bid Pricing Worksheet. Invoices will be submitted in the same manner. D. Traffic Control for street repairs, will be paid for by job. Traffic Control plans when required, shall be submitted, reviewed and approved by Public Works. E. Sand will not allowed under sidewalks, driveways or roadways. F. Contractor shall notify residents 48 hours prior to work. G. When required contractor shall move trash and recycle bins for residents in work zone. H. Mailboxes will be provide when required for contractor to install. All paving will include number four bars on twenty-four inch centers. J. Limits of full depth saw cut shall be paid for perimeter area. K. Curb will be subsidiary to Concrete removal when removed together. L. Removal and installation of Integral six-inch curb will be subsidiary to concrete pavement. i. Exhibit A to Contract for Services INSURANCE REQUIREMENTS CONSTRUCTION SERVICES Services for construction projects, including but not limited to: General Contractors, Demolition Contractors, Utility Contractors, Building Contractors, Street and Road Contractors, etc. Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor's bid. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. "Occurrence" form only, "claims made" forms are unacceptable. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers' Liability Insurance. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. B. MINIMUM LIMITS OF INSURANCE Contractor shall maintain throughout contract limits not less than: Commercial General Liability: $1,000,000 per occurrence I $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises I Operations b. Broad Form Contractual Liability C. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage Explosion Collapse and Underground (XCU) Coverage. Workers Compensation and Employer's Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer's Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non -owned autos. Builders' Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. Exhibit A to Contract for Services $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. C. DEDUCTIBLES AND SELF -INSURED RETENTIONS Any deductible or self -insured retentions in excess of $10,000 must be declared to and approved by the Town. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: General Liability and Automobile Liability Coverages: a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as "Additional Insured's" relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The contractor's insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The contractor's insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured's limits of liability. Workers Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non -renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non- payment. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best's rating of no less than A- VI, or better. VERIFICATION OF COVERAGE Contractor shall provide the Town with certificates of insurance indicating coverage's required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Exhibit B to Contract for Services 01 �� I tit T1-L_)RbSPER 2019-53-A HQS Construction Supplier Response Event Information Number: 2019-53-A Title: Miscellaneous Concrete Replacement Services Type: Request for Bids Issue Date: 4/10/2019 Deadline: 4/26/2019 03.00 PM (CT) Notes: The Town of Prosper is soliciting bids to establish an annual fixed price contract for miscellaneous concrete replacement services to be performed within the Town of Prosper as described in the following bid specifications. The successful vendor will be responsible for providing all equipment, materials and labor necessary to complete services. The successful vendor will enter into a contract with the Town, which will be effective for one year, with four optional one-year renewal periods. A sample contract is available for review in the Purchasing Office. The contract will be awarded to the lowest responsive responsible bidder meeting specifications. It is the Town's intent to award to a primary and secondary contractor. The estimated annual expenditure for this service is $64,000.00. Orders will be placed on an as needed basis only, as determined by the Town. All bid prices submitted to perform the services as described in this bid will be all inclusive, F.O.B. Destination, Town of Prosper. Contact Information Page 1 of 5 pages Vendor: HQS Construction 2019-53-A Contact: January Cook Purchasing Agent Exhibit B to Contract for Services Address: 200 S. Main St. P.O. Box 307 Purchasing Town Hall 3rd Floor Prosper, TX 75078 Phone: (972) 569-1018 Email: january_cook@prospertx.gov Page 2 of 5 pages Vendor: HQS Construction 2019-53-A Exhibit B to Contract for Services HQS Construction Information Address: P.O. Box 250771 Plano, TX 75025 Phone: (972) 208-2349 Fax: (972) 208-2549 Toll Free: (972) 208-2349 Email: bids@hgsconstruction.com By submitting your response, you certify that you are authorized to represent and bind your company. Shahid Rasul Signature Submitted at 412612019 12:58:44 PM Requested Attachments References Worksheet Proof of Insurance Coverage Per section III. of the specifications Response Attachments Bid Bond.pdf Bid Bond Conflict_of Interest_Questionnaire.pdf Conflict of Interest Questionnaire Bid Lines bids@hgsconstruction.com Email References_Worksheet. pdf Proof of Insurance.pdf 6 Install 6" Reinforced Concrete Pavement, (4,000 psi) 51-250 SY Quantity: 1 UOM: SY Unit Price: 1 $87. 00 Total: $87.00 Page 3 of 5 pages Vendor: HQS Construction 2019-53-A 2 Crushed Concrete Base or Flex Base —Supplied, placed & Compacted (sidewalks) 1 Quantity: 1 UOM: CY Unit Price: F $45.00 1 Total: $45.00 Page 4 of 5 pages Vendor: HQS Construction 2019-53-A 3 5" to 6" Stamped Patterned Median Pavement and Street Pavement, move than 100 SF, Color to be applied to 0 surface of wet concrete; Color and stamped pattern to match existing and approved by Town Representative Quantity: 1 UOM: SF Unit Price: 1 $20. 00 Total: 1 $20.00 Response Total: $13,998.00 Page 5 of 5 pages Vendor: HQS Construction 2019-53-A Exhibit B to Contract for Services CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F1 Yes F1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Exhibit B to Contract for Services CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 AC"R " CERTIFICATE OF LIABILITY INSURAN CfEhibit B to Contract foff��08'1272018 V,MDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kiersten Nielson NAME: Coverica PHONE (g72)490-8800 FAx (972)490-2255 A/C No Ext : A/C, No E-MAIL kiersten.nielson@coverica.com ADDRESS: 5999 Summerside INSURER(S) AFFORDING COVERAGE NAIC # Suite 200 INSURERA: Hartford Lloyds 38253 Dallas TX 75252 INSURED INSURER B : Hartford Underwriters Ins Co 30104 INSURER C : Hartford Ins Co of the Midwest 37478 HQS Construction, LLC INSURER D : P.O. Box 250771 INSURER E : INSURER F : Plano TX 75025 COVERAGES CERTIFICATE NUMBER: 18/19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ® OCCUR PREM SES Ea oNcE ence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A 46SBAIF9947 02/21/2018 02/21/2019 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JECT LOC PRODUCTS - COMP/OP $POLICY❑PRO 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 46UECUX3494 02/21/2018 02/21/2019 BODILY INJURY (Pe accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Uninsured motorist $ 500,000 UMBRELLA LIAB OCCUR vV""&" U_R''y'V """ EACH OCCURRENCE 2,000,000 $ AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE 46SBAIF9947 02/21/2018 02/21/2019 DED I RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N /A 46WBCAE8742 03/28/2018 03/28/2019 SPER OTH- X TATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Limit of Insurance $50,000 A Leased/Rented Equipment 46SBAIF9947 02/21/2018 02/21/2019 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The general liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract/written agreement between the named insured and the certificate holder that requires such status. The workers compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Prosper ACCORDANCE WITH THE POLICY PROVISIONS. 121 W. Broadway AUTHORIZED REPRESENTATIVE Prosper TX 75078 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Exhibit B to Contract for Services Prosper Road Improvement Project 2018 Windsong Ranch Phase III - Miscellaneous Road Repairs OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ADDITIONAL COVERAGES Exhibit B to Contract for Services Ref # Description PIP -Basic Coverage Code PIP Form No. Edition Date Limit 1 2,500 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Umbrella(C) Coverage Code CUMBR Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 10,000 Deductible Type Premium $850.00 Ref # Description Increased employer's liability Coverage Code INEL Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $49.00 Ref # Description Waiver of Subrogation Coverage Code WVSUB Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $70.00 Ref # Description TC�AREM Adjst. to reconcile-exp mod. premium Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$253.00 Ref # Description Expense constant Coverage Code EXCNT Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $180.00 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001, AMS Services, Inc. Exhibit B to Contract for Services References Please provide at least three (3) verifiable references for same or similar services as the Town has specified in the solicitation, in the spaces provided below. Company Name: Contact Name: Address: Email Address: Phone: Effective Dates: Description of Services: Company Name: Contact Name: Address: Email Address: Phone: Effective Dates: Description of Services: Company Name Contact Name: Address: Email Address: Phone: Effective Dates: Description of Services: Exhibit B to Contract for Services 140S TRADE REFERENCES Kurt Beilharz, RLA Park Planner Brad Bernhard, P.E. Project Engineer James Chancellor, P.E. Town Engineer City of Richardson 411 W Arapaho Rd Richardson, TX 75083 972-744-4307 City of Richardson 411 W Arapaho Rd Richardson, TX 75083 972-744-4279 Town of Fairview 372 Town Place Fairview, TX 75069 972-886-4235 HQS Construction, LLC P.O. Box 250771 Plano, TX 75025 Mike Boswell Toll Brothers, Inc - DFW Director of Land Development 2555 SW Grapevine Pkwy, Suite 100 Grapevine, TX 76051 817-329-7973 CREDIT REFERENCES Phillip Benavides Sales Engineer Zach Bean Sales Representative Shellie Linton Sales Coordinator BANK REFERENCES CMC Construction Services 2323 Irving Blvd Dallas, TX 75207 469-913-4475 Vulcan Materials Company 1760 Z St Dallas, TX 75229 469-859-7848 Martin Marietta 1503 LBJ Freeway, Suite 400 Dallas, TX 75234 972-647-3978 tel 972 208 2349 fax 972 208 2549 bids@hgsconstruction.com www.hqsconstruction.com �oll `Brothers America's Luxury Home Builder® LW CMC Construction Services Vulcan Materials Company JA Martin Marietta Shobhu Karia BBVA Compass Bank Sr. Financial Sales Advisor 2900 Legacy Drive compass Plano, TX 75023 972-705-4396 Exhibit B to Contract for Services 2549 140no,SHQS Pla TX275025n LLC www gscon50771 fax 08 uction.com CURRENT PROJECTS UNDER CONTRACT ■_ Owner: Town of Little Elm / TxDOT ■ Project: Harts Branch Trail Value: $2,884,014 ,Department Contact: Wesley Brandon, P.E. 214-975-0489 l rrri.E Ei.v otrranspartation Scope: Construction of approximately 1.3 miles of 12 FT wide concrete trail, including demolition of existing sidewalks, vegetation removal, four concrete boardwalks, one pedestrian bridge, retaining walls, railing, pedestrian crossing assemblies, striping, landscaping, and irrigation. ,- Owner: City of Plano / TxDOT Project: Cottonwood Creek Trail — Oak Point to Chaparral Value: $1,691,638 texas Contact: Jeff Johnston, RLA 972-941-7168 otDTera�nspnrfallon Scope: Construction of 16,538 SY of concrete trail, two prefabricated pedestrian bridges, drainage structures, retaining walls, signage, and landscaping. Owner: Town of Prosper ITSPER Project: Prosper Road Improvement Project 2018 — Windsong Ranch OWN oF Phase III — Miscellaneous Road Repairs P Value: $618,385 Contact: Frank Jaromin, P.E. 972-347-9969 Scope: Demolition and reconstruction of 4,695 SY of roadway, special excavation and backfill with flex base, adjustment of utilities, traffic control, and landscaping. Owner: City of Lewisville Project: Main St, Mill St, and Charles St Paving, Drainage, Landscape, and Signalization Improvements Value: $8,533,278 LEWISVILLE Contact: Sagar Medisetty, P.E. 972-219-5027 Scope: On -street parking lanes, on -street bike lanes, sidewalks, landscaping, irrigation, lighting, traffic signals, drainage improvements Owner: City of McKinney Project: Accessibility Improvements within the Downtown Area Value: $2,057,959.50 MCKINNEY Contact: Nick Ataie, P.E. 972-547-7637 Unique by nature. Scope: ADA ramps, sidewalks, driveways, street paving, striping, landscaping Exhibit B to Contract for Services 1405 RELEVANT RECENT PROJECTS HQS Construction, LLC tel 972 208 2349 P.O. Box 250771 fax 972 208 2549 Plano, TX 75025 www.hqsconstruction.com Owner: City of Plano Project: Split Trail Road Reconstruction (from K Avenue to Spring Creek Plano Pkwy) Paving, Water, and Drainage Improvements Value: $2,916,011 Contact: John "Trey" McIver 972-941-7152 Scope: Project includes approximately 11,200 SY of concrete paving, 3,600 LF of 6"-8" water line, 1,400 LF of 18"-48" storm drain, 220 LF of 6'x5' box culvert, 500 FT of gabion wall, soil anchors, sidewalks, fencing, and landscaping. Owner: City of Frisco Project: Lebanon Road Slope Stabilization at SE and SW Quadrant of BNSF Railroad ' Value: $236,950 Contact: Tin Nguyen, P.E. 972-292-5436 Scope: Project includes approximately 2,070 SY of unclassified slope excavation and regrading, installation of 1,790 SY of Propex Armormax high performance turf reinforcement mats and engineered earth anchors, screen wall soil stabilization, underdrain pipes, erosion control, landscaping, and traffic control. Owner: City of Southlake SOUTHLAKE Project: McPherson Branch Channel Improvements Value: $507,815 Contact: Steve Anderson, P.E., CFM 817-748-8101 Scope: Project includes 100 FT of 5-8'x4' box culvert and parallel wing headwall, approximately 450 FT of channel improvements consisting of turf reinforcement mat and articulated concrete blocks. Project also includes landscape improvements, irrigation, and traffic control. Owner: City of Richardson Project: 2017 Alley Repair Program Value: $678,194 Contact: Brad Bernhard, P.E. 972-744-4279 Scope: Alley pavement repairs at approximately 50 locations throughout the City of Richardson. Work includes replacing 7,250 SY of existing alley pavement, reconstruction of driveways, sidewalks, curb inlets, landscaping, and irrigation. Owner: City of Richardson / TxDOT / University of Texas at Dallas Project: University Trail — Phase II Value: $601,117 Contact: Kurt Beilharz, RLA 972-744-4307 Scope: Construction of 1 mile 10 FT wide concrete hike and bike trail, pedestrian ramps, relocation of fire hydrants, traffic control, signage, and landscaping. Item 5d PISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING SERVICES From: Pete Anaya, P.E., Assistant Director of Engineering Services — Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon a resolution approving the Environmental Review Checklist for Local Projects as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount" approved by Town Council on March 13, 2018, for the construction of the realignment and intersection improvements on FM 1385 with the new Gee Road (Fishtrap Road). Description of Agenda Item: This is a request for approval of a resolution that is required as part of the Advance Funding Agreement associated with the realignment and intersection improvements on FM 1385 with the new Gee Road (Fishtrap Road). On March 13, 2018, Town Council approved an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) that provides $1,000,000 of funding toward the realignment of existing Fishtrap Road (future Gee Road) and its intersection with FM 1385. A requirement of the Advance Funding Agreement is that the local government comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations. In an effort to assist local governments, the North Central Texas Council of Governments (NCTCOG) developed an Environmental Review Checklist. Town staff worked with NCTGOG to complete the Environmental Review Checklist. On May 9, 2019, NCTCOG accepted the Town's Environmental Review Checklist. The last step in the process is approval of the Environmental Review Checklist by the local authority. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the resolution as to form and legality. Attached Documents: 1. Resolution 2. Environmental Review Checklist with NCTCOG acceptance letter 3. Advance Funding Agreement approved on March 13, 2018 4. Location Map Page 1 of 2 Item 5d Town Staff Recommendation: Town staff recommends that the Town Council adopt a resolution approving the Environmental Review Checklist as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount" approved by Town Council on March 13, 2018, for the construction of the realignment and intersection improvements on FM 1385 with the new Gee Road. Proposed Motion: I move to adopt a resolution approving the Environmental Review Checklist as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount" approved by Town Council on March 13, 2018, for the construction of the realignment and intersection improvements on FM 1385 with the new Gee Road. Page 2 of 2 Item 5d TOWN OF PROSPER, TEXAS RESOLUTION NO. 19-_ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPROVING THE ENVIRONMENTAL REVIEW CHECKLIST FOR LOCAL PROJECTS AS REQUIRED BY ARTICLE 11 OF THE "ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT" APPROVED BY THE TOWN COUNCIL ON MARCH 13, 2018 FOR THE CONSTRUCTION OF THE REALIGNMENT AND INTERSECTION IMPROVEMENTS ON FM 1385 WITH THE NEW GEE ROAD (FISHTRAP ROAD); MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2018, the Town Council of the Town of Prosper, Texas, authorized the Town Manager to execute an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount "Advance Funding Agreement" for the On -System Improvements between the Texas Department of Transportation "TxDOT" and the Town of Prosper, Texas, related to the West Prosper Roads project; and WHEREAS, the Town Manager executed the Advance Funding Agreement on March 13, 2018, and the Director of Contract Services for TxDOT executed the Advance Funding Agreement on April 2, 2018; and WHEREAS, the Advance Funding Agreement provides $1,000,000 from the Regional Toll Revenue "RTR" SH 121 Subaccount for the construction of the realignment and intersection improvements on FM 1385 at Gee Road in the Town of Prosper, Denton County, Texas; and WHEREAS, Article 11 of the Advance Funding Agreement entitled "Compliance with Laws, Environmental Review and Public Involvement," requires that the Local Government furnish the State with satisfactory proof of compliance with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations; and WHEREAS, as provided in 43 TAC 2.3(b)(1)(A), the State's environmental review requirements do not apply to the Project because the State is funding the Project solely with money held in a project subaccount created under the Texas Transportation Code, Section 228.012; and WHEREAS, the North Central Texas Council of Governments "NCTCOG" researched and developed a local environmental review process to assist agencies in fulfilling the local environmental review requirements; and Item 5d WHEREAS, on April 30, 2019, the Town of Prosper, Texas, completed and submitted the NCTCOG Appendix A: Environmental Review Checklist for Local Projects to NCTCOG for its review; and WHEREAS, on May 9, 2019, NCTCOG reviewed and accepted information provided by the Town of Prosper, Texas, on Appendix A: Environmental Review Checklist for Local Projects; and WHEREAS, the final step in the environmental review process is local approval of Appendix A: Environmental Review Checklist for Local Projects. 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 Council approves Appendix A: Environmental Review Checklist for Local Projects as required by Article 11 of the "Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount." SECTION 3 A copy of this Resolution shall be sent to Nathan Drozd, Principal Transportation Planner, Streamlined Project Delivery and Data Management, North Central Texas Council of Governments, 616 Six Flags Dr., Arlington, TX 76011. SECTION 4 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. This Resolution shall be effective from and after its passage by the Town Council. Resolution No. 19-_, Page 2 Item 5d DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019. Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Resolution No. 19-_, Page 3 Item 5d IMEMO 'Fra Notch Central Texas Council Of Governments May 9, 2019 Mr. Hulon T. Webb, Jr., P.E. Director of Engineering Services Town of Prosper P.O. Box 307 Prosper, TX 75078 Dear Mr. Webb: Thank you for submitting the environmental checklist for the Fishtrap Road realignment and new intersection (TIP 20295.2). Per the funding agreement, North Central Texas Council of Governments (NCTCOG) staff has reviewed the documentation provided and has no further comments for this project. Please proceed with your local approval process for the environmental review. Once received, please provide NCTCOG a copy of the approval and final document, if revised from the original submittal. If you have any questions or comments, please contact me at (817) 704-5635 or ndrozdO-nctcoa.org. Thank you. ND:cmg Q d Principal Transportation Planner 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640.7806 p recycled paper htlpJ/www.dfwinfo.com Item 5d q -- Appendix A: Environmental Review Checklist for Local Projects 1. Project Description 1A. Length (feet or miles) 1 B. Scope of Work 2. Implementing Agency 3. Primary Contact for the Implementation Agency 4. Form Preparer Fishtrap Road from Red Fox Drive to FM 1385 1330 feet Realign and improve the intersection of FM 1385 and Fishtrap Road Town of Prosper, TX Name/Title: Huion T. Webb, Jr., P. E. Phone: 972-569-1198 e-mail: hulon_webb@prospertx.gov Name/Title: Ken Griffin, P. E. Phone: 972-569-1092 e-mail: ken_griffin@prospertx.gov 5. Date Form was Prepared_ 6. Project Costs: _ Total Amount $ Amount of RTR Funding$ • Engineering _ 151,900 • Right -of -Way _I 286,000 • Utility Relocation _I 0 _ • Construction 1,376,500 1,000,000 • Total 1,814,400 1,000,000 7. Date of Cost Estimate April 26, 2019 8. TIP Number 20295.2 9. Project Location Map Attached (0) Yes (©) No 10. Briefly describe the problems/issues and how the project will eliminate or help solve them. Include anv information concerning other alternatives considered during proiect development. This project will realign existing Fishtrap Road to intersect with FM 1385 at a different location. The portion of existing Fishtrap between Lancashire and FM 1385 will be abandoned. In the future, TxDOT will realign FM 1385 to tee into Fishtrap Road south of where this realignment will intersect FM 1385. Once TxDOT has reconstructed FM 1385, this realigned portion of Fishtrap Road will be the link between FM 1385 to the north and FM 423 to the south (via Gee Road). Overall, this project will eventually create a more efficient north/south movement of traffic. 11. List the local planning document(s) that include this project (e.g., comprehensive plan, thoroughfare plan, long-range plan, CIP). Include the plan name, date, program year, project numbers, etc. are associated with it. Thoroughfare Plan, as amended by Ordinance No. 11-54 on August 9, 2011, and included as Section 13 of the Town of Prosper Comprehensive Plan, as amended by Ordinance No. 12-21 on August 14, 2012. 12. Is the project consistent with other transportation, infrastructure, or (lO) Yes (0) No community projects or plans? If yes, list the plan/project name and agency/authority. If no, list the plan/project and why this project is not consistent. Denton County Thoroughfare Plan, as approved April 18, 2017. 13. Is the proiect ADA compliant? Yes (0) No 1 1 /20/2012 A-1 Item 5d q -- Appendix A: Environmental Review Checklist for Local Projects LOCAL SUPPORT AND COORDINATION 14. Is the project along a transit, pedestrian, bicycle, or haul route? If no, go to 15. (0) Yes (0) No 14A. Will the project interfere, restrict, or otherwise permanently impact these (❑) Yes (❑ No routes? 14B. Has the proper authority/agency been contacted? — (E3 Yes No 15. Does the project cross or involve a railroad crossing (at -grade or grade- (0) Yes (Q) No separated? If no, go to 16. 15A. Will the project change the number of at -grade roadway/railroad (❑ Yes (❑) No crossings? 15B. Has an agreement with the railroad been executed? If yes, attach to form. (❑ Yes (❑ No 16. List any local governmental approvals (e.g., Board/Council/Commission) or permits that have been obtained (with dates) or will be needed for the project (with anticipated dates). Town Council approved a Road Improvements and Construction Agreement for the design and construction of Fishtrap Road on February 24, 2015. Town Council approved an Advance Funding Agreement with TxDOT for off -system improvements adjacent to Fishtrap Road on August 9, 2016. Town Council approved an Advance Funding Agreement with TxDOT for on -system improvements to Fishtrap Road on March 13, 2018. 17. List the dates of meetings and any other efforts to inform the community about this project. A public presentation was made on February 24, 2015 at the Town Council meeting to discuss the project. At the August 9, 2016 and the March 13, 2018 Town Council meetings, information about the project was published on an agenda but approved via consent agenda motion. Notices about all three meetings were posted at Town Hall and published in the paper. 17A. In general, describe any comments received by the public. No comments were received in opposition of the project. 17B. List the outreach efforts taken to engage environmental justice and the LEP communities. All agenda postings for meetings includes the language "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." No special services or assistance was requested prior to or during the meetings listed above. 18. Will additional right-of-way be needed? If no, go to 20. (Q) Yes (Q) No 18A. How much (total acres) is needed? 1.42 18B. How many parcels will be affected? 1 18C. Briefly describe the existing land use of the area(s) to be acquired. The property is undeveloped with no improvements. 18D. Will the right-of-way be acquired using fair market value? (W Yes ([::])No 1 1 /20/2012 A-2 Item 5d q -- Appendix A: Environmental Review Checklist for Local Projects 19. Will any buildings and/or structures be displaced? If no, go to 20. (Q) Yes (Q) No 20 19A. How many structures will be displaced? 19B. Indicate the number for each type: • Single -Family • Multi -Family Buildings and Units • Commercial • Industrial • Places of Worship • Public Facilities • Other � _ 19C. Will relocation assistance be provided? (❑) Yes ([ Will utilities need to be relocated? If no, go to 21. Yes 20A. List the type of utilities to be relocated and any special considerations that need to be known. 18" water line owned by Artesia Water District Overhead electric lines owned by CoSery Electric Gas line owned by CoSery Gas Fiber Optic line owned by AT&T No No 20B. Have utility conflicts been resolved? If no, what are the procedures to (❑) Yes (xM No resolve the conflicts and anticipated schedule for resolution? All utility companies have been provided copies of the plans and notified of the construction time -line. Artesia water line will be relocated as part of the construction project. Overhead electric and fiber optic will be relocated before the start of the project. Gas line is currently being relocated. 20C. Have the required utility permits been obtained? If yes, list the types and dates. If no, list the types and anticipate dates. No permits are required. 21. Will the project affect the location or view of existing billboards? If yes, describe the location of the billboard(s) and effects. (❑) Yes ( D No (0) Yes (Q) No 1 1 /20/2012 A-3 Item 5d Appendix A: Environmental Review Checklist for Local Projects 22. Will the project affect dedicated publicly owned parkland, wildlife refuges, or (C)) Yes recreation areas? If yes, describe the property affected, type (e.g., use, number of acreaae affected). and impact. There is no parkland, wildlife refuges or recreation areas within the limits of this project. No 23. Will the project disturb archaeological resources? (0) Yes (Q) No If ves, describe the resource and impact and attach the THC Antiquities Permit. __J 24. Will the project impact or disturb of any property listed as a SAL and/or RTHL (0) Yes ((D) No and/or listed on the NRHP? If yes, describe the resource (e.g., list address) and impact and attach the THC Antiquities Permit. 25. Has this project been coordinated with the THC? (0) Yes ((D) No If yes, attach all relevant correspondence. 26. Have you coordinated with your local historic preservation organization? Yes Q No 27. Will the construction plans or contract include a provision that requires all (G)) Yes (0) No work in the area to cease and contact THC immediately if a suspected archeological object/artifact is found or uncovered during construction operations? If no, please contact NCTCOG. J 28. Are there any federal threatened or endangered species and/or their habitat (0) Yes (0) No located within the project area? If no, go to 29. 28A. Has coordination been initiated with USFWS and has a (E3 Yes (E-1) No presence/absence survey been conducted? 28B. If yes, explain the results of the coordination and survey efforts and attach all relevant correspondence. If no, when will the coordination be initiated? 29. Will the construction plans or contract include a provision that requires all work in the area to cease and contact USFWS immediately if a suspected federally -listed threatened or endangered species is encountered during construction operations? If no, please contact NCTCOG. (0) Yes (0) No 1 1 /20/2012 A-4 Item 5d Appendix A: Environmental Review Checklist for Local Projects ENVIRONMENTAL INFORMATION 30. Are there any state threatened or endangered species and/or their habitat (0) Yes (0) No located within the proposed project area? If no, go to 31. 30A. Has coordination been initiated with TPWD? (❑) Yes (❑) No 30B. If yes, explain the results of the coordination efforts and attach all relevant correspondence. If no, when will coordination be initiated? I MIGRATORY BIRD TREATY ACT 31. Based on field observations, are migratory birds located in the proposed (Q) Yes (Q) No project area? 32. Are old or abandoned migratory bird nest located in the proposed project (0) Yes (Q) No area? State the type of nest and abundance. 33. Will the construction plans or contract include a provision that will require (0) Yes (Q) No com liance with the Migratory Bird Treat Act? If no, please contact NCTCOG. ILARMLANDIW 34. Does the proposed project area cross any prime or unique farmlands that is (Q) Yes (Q) No not already in or committed to urban development? 35. Will the project impact any USACE wetlands, water bodies, or streams? (Q) Yes (Q) No If no, go to 37. 35A. Will the impacts be authorized under a NWP? If no, go to 35B. _ Yes ❑ No 35A.i Will a PCN be required? (ED Yes ([-])No _ 35A.ii Specify what NWP will be used and the include date (or NWP: anticipated date) of permit. Date: 35B. Has the USACE issued the IP? List the date (or anticipated date) of permit. ([a Yes (❑) No Attach all relevant correspondence. Date: r36. Will the project require a USACE permit? If no, go to 37. (Q) Yes ((D) No 36A. Are the impacts covered under the USACE permit equal to or greater (❑ Yes ([-])No than three acres of water bodies or wetlands or equal to or greater than 1,500 linear feet of stream? If no, go to 366. _ 36A.i. Has a Tier II Section 401 water quality certification been submitted ([a Yes (❑ No to the TCEQ? _ 36A.ii Have BMPs been included in the construction plans? Go to 37. (0 Yes (❑) No 36B. Has a Tier I Section 401 water quality certification checklist been (❑ Yes (0 No completed for the permit? Submit with PCN or I to USACE if applicable. 37. How many acres of soil disturbing activities are required for the project? (0) 0-1 acre If 0-1 acres, go to 38. (Q) 1-5 acres If 1-5 acres, go to 37A. (Q) 5 or more If 5 or more acres, go to 37B. acres 37A. Do the construction plans comply with the TPDES General Permit for Yes ([-])No Construction Activity and include a SW3P? Go to 38. 37B. Has a NOI been filed with the TCEQ detailing the SW3P for the project? ([-])Yes (❑X) No 1 1 /20/2012 A-5 Item 5d Appendix A: Environmental Review Checklist for Local Projects ENVIRONMENTAL INFORMATION 38. Will the project occur within, encroach upon, or occur five miles upstream of (0) Yes (0) No a listed impaired water of the TCEQ Section 303(d) list? If no, go to 39. _ 38A. Has the project been coordinated with TCEQ for maximum daily loads? _ Yes No 38B. Have BMPs been included in the construction plans? Yes No 39. Does the implementing agency possess an MS4 permit? If no, go to 40. —� (•) Yes () No 39A. Will the project impact the MS4 permit? (ND Yes ❑ No _ 39B. Explain how and what mitigation is proposed. The Town of Prosper adopted a Storm Water Management Ordinance on December 13, 2016. The Ordinance meets the requirements of General Permit TXR040500. 40. Will the project require work in the Trinity River Regulatory Zone? (o) Yes (0) No If no, go to 41. 40A. Has a CDC been completed and sent to the local CDC/floodplain ([—])Yes (❑ No administrator? 41. Could the project change the 100-year water surface elevation, induce erosive (0) Yes (Q) No velocities, or result in conveyance changes? If no, go to 42. 41A. Has the project been coordinated with the local floodplain administrator (❑ Yes (❑ No and USACE to address potential impacts. Attach approval correspondence. 42. Will the project disturb existing vegetation or remove trees? If no, go to 43. _ (0) Yes (0) No (ED Yes ® No 42A. Will revegetation be included in the construction plans? 42B. Check all statements that apply Yes (❑ No • Natural vegetation will be preserved whenever practicable • Mitigation/vegetation will comply with local tree ordinances (ED Yes (❑ No (ED Yes (❑ No • Native plants will be used whenever practicable ([:D Yes (❑ No • Xeriscaped plants will be used to help with water conservation (ED Yes (❑ No • Landscaping will be in accordance with any local aesthetic requirements 43. Will the project improve air quality? (0) Yes (0) No 44. Are there any air quality sensitive receivers immediately adjacent to the (0) Yes (0) No project? 45. Will the construction plans or contract include a provision requiring the (0) Yes (0) No contractor to make reasonable effort to comply with local, state, and federal regulations, pertaining to construction equipment emissions and/or construction equipment work hour restrictions? rREGULATED MATERIALS 46. Has a regulated/hazardous materials on -site visual inspection been (0) Yes (0) No conducted? _ 47. Will the project require additional right-of-way from or be located near a I (0) Yes (0) No known potential regulated materials site? 48. Does the implementing agency have a spill prevention/response plan in place (0) Yes (0) No for construction projects? 59. Will the construction plans or contract include a provision requiring (0) Yes (0) No compliance with local, state, and federal regulations, pertaining to regulated materials on construction sites? 1 1 /20/2012 A-6 Item 5d q -- Appendix A: Environmental Review Checklist for Local Projects 50. Are any special permits or clearances (e.g., Section 408, Section 9, Section 10, (0) Yes ((F)) No FAA airway clearance) required? If yes, please list those needed and status of obtaininq the required permits and/or clearances. CONSTRUCTION 151. What is the estimated time of construction? 10 Years to Months 52. Will the construction of the project limit access and/or require detours? If yes, (lO) Yes (0) No describe the impacts and how they will be minimized or mitigated during construction. There will be temporary on -site asphalt detours to allow for construction of the Lancashire and Fishtrap intersection. Access to adjacent property will be maintained at all times. The duration of the detour should be less than 4 months. About 50 households will be impacted by using the detour. All but one household has an option to use an alternate route to avoid the detour. 53. What types of facilities or services could be impacted during construction and how will they be notified of the construction project, changes in access during construction, or detours? I Who will be/was Facility/Service Affected? Notification Method Notified? • Residences (0) Yes (0) No mail -outs, social media, door hangers adjacent households • Businesses (0) Yes (Q) No • Hospitals, Fire, Police Stations (®) Yes (e)) No • Emergency Services l (0) Yes (0) No • Public Facilities (0) Yes ((F)) No (e.g., libraries, schools) • Transit Routes (0)Yes ((!)) No • Bicycle Routes (0) Yes ((F)) No • Haul Routes (®) Yes (Q) No 54. Are there any noise sensitive receivers near construction area or along the (0) Yes (0) No detour routes? 55. Will the construction plans or contract include a provision requiring the (0) Yes (0) No contractor to make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of muffler systems. CERTIFICATION• I certify the information provided in this form accurately reflects the status of compliance with applicable laws and regulations for the project. Signature: Date: See Next Page Name: Title: 1 1 /20/2012 A-7 ..,- Appendix A: Environmental Roview Checklist for Local Projects 50. Are any special permits or clearances (e.g., Section 408, Section 9, Section 10, (0) Yes ((D) No FAA airway clearance) required? If yes, please list those needed and status of obtaining the required permits and/or clearances. CONSTRUCTION 51. What is the estimated time of construction? o Years to Months 52. Will the construction of the project limit access and/or require detours? If yes, ((j)) Yes (0) No describe the impacts and how they will be minimized or mitigated during construction. There will be temporary on -site asphalt detours to allow for construction of the Lancashire and Fishtrap intersection. Access to adjacent property will be maintained at all times. The duration of the detour should be less than 4 months. About 50 households will be impacted by using the detour. All but one household has an option to use an alternate route to avoid the detour. 53. What types of facilities or services could be impacted during construction and how will they be notified of the construction project, changes in access during construction, or detours? Who will be/was Facility/Service Affected? Notification Method Notified? • Residences (e)) Yes (®) No mail -outs, social media, door hangers adjacent households • Businesses (0) Yes ((j)) No • Hospitals, Fire, Police Stations (®) Yes (E)) No • Emergency Services (0) Yes (E)) No • Public Facilities (®) Yes ((F)) No (e.g., libraries, schools) • Transit Routes (0) Yes ((F)) No ■ Bicycle Routes (®) Yes (& No • Haul Routes (®) Yes (Q) No 54. Are there any noise sensitive receivers near construction area or along the Yes (Q) No detour routes? 55. Will the construction plans or contract include a provision requiring the ((F)) Yes (0) No contractor to make reasonable effort to minimize construction noise through abatement measures, such as work -hour controls and proper maintenance of mufflers stems. CERTIFICATION•• I certify the information provided in this form accurately reflects the status of compliance with applicable laws and regulations for the project. Signature: Date: 4-I3o J19 Name R. Title; Di"+- w 11 /20/2012 A-7 �N WE 0 300 600 Feet Stem 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE STATE HIGHWAY 121 SUBACCOUNT Highway Improvements On System THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and the Town of Prosger (Local Government), collectively, the "Parties_" WITNESSETH WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments"); and WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence; and RTR On System Page 1 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount WHEREAS, the Local Government has requested money from the SH 121 Subaccount to realign and improve the intersection of FM 1385 at Gee Road in the Town of Prosper, Denton County (CSJ 1315-01-027) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and, authorized the expenditure of money in Minute Order 114666 dated July 28, 2016 for (CSJ 1315-01-027); and WHEREAS, the Local Government is a political subdivision and governmental entity by statutory definition; and WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and WHEREAS, NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount. NOW, THEREFORE, the Parties agree as follows: AGREEMENT Article 1. Time Period Covered This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccount in the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than upon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 27 of the Texas Department of Transportation bill pattern in House Bill 1, 84'h Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) for the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days after the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2014 Fiscal Year began September 1, 2013). Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and RTR On System Page 2 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Cade Chart #: 34150 Funding Category: RTR SH 121 Subaccount interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC. The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement. Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. if the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall. Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at project end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement. Article 6. Local Match The Local Government shall be responsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTC -approved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities. Article T. Procurement and Contracting Process The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with state law and regulations, and with local laws, regulations, rules, policies, RTR On System Page 3 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount and procedures. The Local Government shall maintain a copy of the certification in the project files. Article 8. Design Standards and Construction Specifications The Local Government shall implement the Project using the State's established construction specifications, procurement processes, and construction management and inspection procedures. The State will review and approve the City's alignment plans. Article 9. Right of Way Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire all necessary right of way needed for the Project. Right of way acquisition is an eligible cost for reimbursement provided such cost is an RTC -approved phase as shown in Attachment A. Article 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the State. The RTC -approved costs for utilities as shown in Attachment A, if any, shall be used to adjust, remove, or relocate utility facilities. Article 11. Compliance with Lavers, Environmental Review and Public Involvement Each Party shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative bodies or tribunals affecting the performance of this Agreement as applicable to it. When required, the Local Government shall fumish the State with satisfactory proof of compliance. As provided in 43 TAC 2.3(b)(1)(A), the State's environmental review requirements do not apply to the Project because the State is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228.012. However, the Local Government shall ensure that the project complies with all environmental review and public involvement requirements applicable to the Local Government under State and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project complies with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government shall maintain a copy of the certification in the project files_ The State will review and approve the City's applicable environmental documents. Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-335). RTR On System Page 4 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project - Article 14. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government. Article 16. Maintenance The State shall be responsible for maintenance of the Project, unless otherwise provided for in prior existing maintenance agreement with the Local Government. Article 17. Responsibilities of the Parties a. The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. b. To the extent permitted by law, the Local Government agrees to indemnify and save harmless the State, its agents and employees from all suits, actions or claims and From all liability and damages resulting from any and all injuries or damages sustained by any person or property in consequence of any neglect, error, or omission in the performance of the design, construction, maintenance or operation of the Project by the Local Government, its contractor(s), subcontractor(s), agents and employees, and from any claims or amounts arising or recovered under the "Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended. c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project. RTR On System Page 5 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits. at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attomey's fees which may be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees. e_ If the Local Government is performing work on the state highway system, the Local Government, by contract, shall require its contractors(s) and subcontractor(s) prior to doing any work on the Project, to secure an insurance policy in the maximum statuary limits for tort liability, naming the State as an additional insured under its terms; and indemnify and hold harmless the Local Government and the State from all claims, liability, and damages resulting from the contractor's performance under the contract. Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Town of Prosper Texas Department of Transportation Attention: Town Manager Attention: Director of Contract Services 121 W_ Broadway 125 East 11"' Street Prosper, Texas 75078 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U-S. mail and such request shall be honored and carried out by the other party. Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall permit the State or its authorized representative access to the site to perform any activities authorized in this Agreement. Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. RTR On System Page 6 of 9 Revised 4/24/2013 Item 5G Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to document the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from the Mate of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government's implementation of financial reporting and environmental review concerning the Project. The Local Government shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds- The report shall list separately the expenditures by project phase as shown in Attachment A, including but not limited to engineering, environmental review, right of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 5ubaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to the State for review and comment. The State may provide the Local Government technical assistance on the environmental review of the Project as mutually agreed between the State and the Local Government. Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit_ Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration. RTR On System Page 7 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits. at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount Article 25. Termination The Agreement may be terminated in the following manner: a. By mutual written agreement and consent of both parties; b. By either party upon the failure of the other party to fulfill the obligations set forth herein, after a 45 day period to cure after receiving written notice of non-compliance; c. By the State if the Local Government does not let the construction contract for the Project within one year after the State first provides SH 121 Funds for construction as shown in Attachment A, Payment Provision and Work Responsibilities; d. By the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement. e. By the State if it determines that the performance of the Project is not in the best interest of the State, if the Local Government is working on the state highway system. Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State. Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative. Article 30. Legal Construction If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. RTR On System Page 8 of 9 Revised 4/24/2013 l.em 50 Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 1 S-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs Heretofore approved and authorized by the Texas Transportation Commission. BY: Kenneth Stewart Director of Contract Services Texas Department of Transportation Date- �77// THE LOCAL GOVERNMENT OWN OF P OSPER y f ' J By: L Harlan Jefferson Town Ma ager Date:` f r RTR On System Page 9 of 9 Revised 4/24/2013 Item 5b Item 5d CSJ: 1315-01-027 Project: FM 1385 Limits: at Gee Road District: 18-Dallas Code Chart #: 34150 Funding Category: RTR SH 121 Subaccount ATTACHMENT A Payment Provisions and Work Responsibilities For CSJ#: 1315-01-027, the State will pay $1,000,000 from the SH 121 Subaccount to the Local Government for the construction of the realignment and intersection improvements on FM 1385 at Gee Road in the Town of Prosper, Denton County_ In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make the payments for the following work in the following Fiscal Years: PROJECT COSTS Regional Toll Fiscal Total Estimate Revenue (RTR) Local Government Description Year Cost SH 121 Subaccount Participation Funds Participation Construction Local 2017 $1,250,000 $1,000,000 $250,000 TOTAL $1,250,000 $1,000,000 $250,000 The Local Government required match is $250,000. Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State_ The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic_ RTR On System Page 1 of 1 Attachment A �N WE 0 300 600 Feet Item 5e ;L�SPER PLANNING W lei OF p Prosper is a place where everyone matters. To: Mayor and Town Council From: Megan Johnson, CPO, RS, CP-FS, Health and Code Compliance Supervisor Through: Harlan Jefferson, Town Manager John Webb, AICP, Director of Development Services Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265. Background/Description of Agenda Item: As discussed during the April 23, 2019, Town Council briefing, the Town previously utilized the services of a third party contractor to review plans and conduct annual inspections of semi-public swimming pools, spas and water features. These tasks are now assigned to the Town's Health and Code Supervisor; therefore, the Town needs to incorporate the standardized rules as adopted by the state for the design, maintenance and safe operation of the pools and water features. Private, single family residential pools and spas are subject to the standard Building Inspection plan review and inspections during construction. No further inspection of these residential pools is required, unless we receive a complaint or receive evidence of stagnant water. There are twenty-four (24) of these facilities in the Town in addition to the soon to be open Windsong Ranch Crystal Lagoon. All require annual inspections. This number will increase with new HOA amenity center pools, day care centers that have splash pads, the PISD Natatorium, and future hotels with pools. Chapter 265 of the Texas Administrative Code is the standard form of rules used by most municipalities in the state and provides uniform standards and guidelines for: • Pool construction • Obligations of the pool maintenance personnel and standard practices for pool maintenance/water quality • Proper operation of pool pumps, drains, and suction covers • Safety of electrical equipment • Gates, locks, signs and rescue devices • Handling and storage of pool chemicals Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofineister, L.L.P., has approved the ordinance as to form and legality. Page 1 of 1 Item 5e Attached Documents: 1. Ordinance 2. Texas Department of State Health Services Pool and Spa Rules Town Staff Recommendation: Town staff recommends Town Council approve an ordinance amending Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265. Proposed Motion: I move to approve an ordinance amending Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265. Page 2 of 1 Item 5e TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-_ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 6, "HEALTH AND SANITATION," OF THE TOWN'S CODE OF ORDINANCES BY ESTABLISHING A NEW ARTICLE 6.05, "SWIMMING POOLS AND SPAS"; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that Chapter 6, "Health and Sanitation," of the Town's Code of Ordinance should be revised; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of the Town to adopt the rules entitled "Texas Department of State Health Services Pool and Spa Rules," Title 25, Texas Administrative Code, Chapter 265, as amended, to protect the public health and prevent disease and injury. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances is amended by establishing a new Article 6.05, "Swimming Pools and Spas," and adopting Title 25, Texas Administrative Code, Chapter 265, to read as follows: "ARTICLE 6.05 SWIMMING POOLS AND SPAS Sec.6.04.001 Purpose The purpose of this Article is to protect the public health and prevent disease and injury by establishing uniform requirements swimming pools and spas. Sec. 6.04.002 Adoption and amendments of State Health Rules The Texas Department of State Health Services Pool and Spa Rules ("Rules"), contained in Chapter 265 of the Texas Administrative Code, Title 25, and as they may be modified from time to time, are hereby adopted, except as amended, modified, and deleted by this Article, as the minimum standards for swimming pools and spas within the corporate town limits of the Town of Prosper, Texas; provided, however, that in said rules the words "municipality of " shall be understood to refer to the Town of Prosper. A copy of the Rules, as hereby adopted, shall be on file in the office of the Town Secretary. The town amends the rules as follows: Item 5e Sec. 6.04.003 Issuance of an operating health permit (a) No person shall operate a swimming pool or spa without first obtaining a valid health permit from the town. Each separate pool or spa requires a separate permit. The permit shall be valid for one (1) year unless otherwise revoked as described in this article. The permit fees are established in appendix A to this code, as it exists or may be amended. A re -inspection fee will be charged to reopen pools closed for non-compliance. (b) Applications for a permit to operate a swimming pool or spa shall be made to the town on application forms prescribed and provided by the town. The applicant (person), corporation, entity, or the person in charge of the subject premises (the manager) to whom the permit was issued shall be responsible for the sanitation, safety, and proper maintenance of the pool, and all physical and mechanical equipment and records. (c) The town shall require the applicant or designee for an operator's permit provide proof of knowledge of these standards by taking and satisfactorily passing a written examination or by attendance at a training course on swimming pool operation, which is approved by the town. Sec. 6.04.004 Revocation or suspension of operating permits. (a) The town may deny, revoke, or suspend any operating permit for the failure of the applicant to comply with the provisions of these standards, or in cases where the operating permit has been obtained through non -disclosure, misrepresentation, or misstatement of a material fact. (b) All notices or orders issued shall be either delivered personally or sent by certified mail to the person, entity, or corporation to whom the permit was issued or to the person in charge of the subject premises (manager). Except in cases of emergency or urgent public necessity, such notice shall be delivered or mailed at least fifteen (15) days before any operating permit is revoked or suspended and shall state the reason(s) for such proposed revocation or suspension and notify that person of a right to appeal under Section 6.04.005. (c) An operating permit which has been revoked or suspended may be reissued upon proper application and upon presentation of evidence that the deficiencies and/or irregularities which caused the revocation or suspension, have been corrected. (d) If the town determines that the operation or maintenance of any swimming pool or spa is such as to constitute an imminent hazard to the health and safety of the public, the operating permit shall be suspended immediately and the swimming pool or spa shall be closed for use and shall remain closed until the necessary remedial action has been completed. Sec.6.04.005 Appeals All appeals from final suspension or revocation of a health permit shall be made in writing to the town manager or his/her designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the suspension or revocation. The town manager or his/her designee shall endeavor to hear the appeal within (30) days after notice of the appeal. The town manager or his/her designee shall have the power to reverse a decision of the regulatory authority where he/she finds that such a reversal will not affect the health and/or welfare of the public. All decisions of the town manager or his/her designee shall be subject to review by the town council Ordinance No. , Page 2 Item 5e at a regularly scheduled meeting. As soon as practicable after the decision of the town manager, the town secretary shall fix a date, time and place for the review of the decision of the town manager by the town council. The decision of the town manager or his/her designee will be final unless reversed by the town council. The town council's failure to take action upon any such appeal shall constitute approval of the decision by the town manager or his/her designee. Sec. 6.04.006 Penalty for violation Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1.01.009 of this code. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies to it pursuant to local, state and federal law." 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 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019. APPROVED: Ray Smith, Mayor Ordinance No. , Page 3 Item 5e ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. , Page 4 Item 5e �'TEXAS :Z Department of State Health Services These rules were adopted July 1, 2004, to be effective Sept. 1, 2004—except that Jan. 1, 2005 is the effective date under Section 265.290(e) for retrofitting suction outlets in pre-10-1-99 pools and spas with single main drains. TABLE OF CONTENTS Page Section 265.181. General Provisions.........................................................................................................................7 (a) Scope and purpose of rules............................................................................................................... 7 (b) Application of rules...........................................................................................................................7 (c) Stricter codes and standards.............................................................................................................. 8 Section265.182. Definitions....................................................................................................................................... 8 Section 265.183. Plans, Permits and Instructions for Post-10/O1/99 Pools and Spas..........................................18 (a) Plans and permits for post-10/01/99 pools and spas.......................................................................18 (b) Instructions for post- 10/0 1/99 pools and spas.................................................................................18 Section 265.184. General Construction and Design for Post-10/01/99 Pools and Spas.......................................19 (a) Structural design and materials for post- 10/0 1/99 pools and spas...................................................19 (b) Non -toxic and sound materials for post- 10/0 1/99 pools and spas...................................................19 (c) Accepted practice for post-10/01/99 pools and spas.......................................................................19 (d) NSFI Standard 50 for post- 10/0 1/99 pools and spas.......................................................................19 (e) Prohibition of earth material for post- 10/0 1/99 pools and spas.......................................................19 (f) Interior color for post- 10/0 1 /99 pools and spas..............................................................................19 (g) Materials to withstand freezing temperatures for post- 10/0 1/99 pools and spas .............................19 (h) Hydrostatic relief valve for post-10/01/99 pools and spas..............................................................19 (i) Interior surface footing for post- 10/0 1/99 pools and spas...............................................................19 0) General shape for post- 10/0 1/99 pools and spas.............................................................................19 (k) Dimensional variation for post- 10/0 1/99 pools and spas................................................................20 (1) Entanglement or entrapment avoidance for post- 10/0 1/99 pools and spas......................................20 (m) Construction tolerances for post- 10/0 1/99 pools and spas..............................................................20 (n) Maximum user loading for post-10/01/99 pools and spas...............................................................20 (o) Interior walls for post- 10/0 1/99 pools and spas..............................................................................20 (p) Walls joining floors for post- 10/0 1/99 pools..................................................................................20 (q) Floor slopes for post- 10/0 1/99 pools...............................................................................................20 (r) Visual separation for post- 10/0 1/99 pools......................................................................................21 (s) Zero depth entry design for post- 10/0 1/99 pools............................................................................21 (t) Offset ledges for post- 10/0 1/99 pools.............................................................................................21 (u) Underwater seat benches for post-10/01/99 pools and spas............................................................21 (v) Water lounges in post-10/01/99 pools and spas..............................................................................21 (w) Special requirements for post- 10/0 1/99 Class D wading pools.......................................................22 Section 265.185. General Construction and Design for Pre-10/01/99 Pools and Spas........................................22 (a) Structural design and materials for pre- 10/01/99 pools and spas....................................................22 (b) Prohibition of earth material for pre- 10/01/99 pools and spas........................................................22 (c) Interior color for pre- 10/01/99 pools and spas................................................................................23 (d) ANSI/NSFI Standard 50 for pre- 10/01/99 pools and spas..............................................................23 (e) Maximum user loading for pre- 10/01/99 pools spas.......................................................................23 Item 5e Section 265.186. Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment at Post-10/01/99 and Pre-10/01/99 Pools and Spas......................................................................................................23 (a) Decks for post- 10/0 1/99 pools and spas..........................................................................................23 (b) Decks for pre- 10/01/99 pools and spas...........................................................................................24 (c) Entries and exits for post- 10/0 1/99 pools........................................................................................24 (d) Entries and exits for pre- 10/01/99 pools.........................................................................................27 (e) Diving facilities in post- 10/0 1/99 pools..........................................................................................27 (fl Diving facilities in pre- 10/01/99 pools............................................................................................29 (g) Platform or diving facilities in post- 10/0 1/99 and pre- 10/01/99 pools............................................29 (h) Starting blocks in post- 10/0 1/99 and pre- 10/01/99 pools................................................................29 (i) Play equipment for post- 10/0 1/99 and pre- 10/01/99 pools.............................................................29 0) Slides for post- 10/0 1 /99 and pre- 10/01/99 pools............................................................................29 (k) Exclusion of post- 10/0 1/99 and pre- 10/01/99 pools.......................................................................30 Section 265.187. Circulation Systems for Post-10/01/99 and Pre-10/01/99 Pools and Spas................................30 (a) Suction outlet covers or grates for post- 10/0 1/99 and pre- 10/01/99 pools and spas .......................30 (b) General circulation requirements for post- 10/0 1/99 pools and spas................................................30 (c) General circulation requirements for pre- 10/01/99 pools and spas.................................................31 (d) Labeling of exposed piping for post- 10/0 1/99 and pre- 10/01/99 pools and spas ............................32 Section 265.188. Filters at Post-10/01/99 and Pre-10/01/99 Pools and Spas........................................................32 (a) Filters for post-10/01/99 pools and spas.........................................................................................32 (b) Replaced filters for pre-10/01/99 pools and spas............................................................................32 (c) Filter design and operation for post-10/01/99 pools and spas.........................................................32 (d) Filter accessibility for post-10/01/99 pools and spas......................................................................32 (e) Filter and separation tank pressure release for post- 10/0 1/99 pools and spas.................................32 (f) Filter and separation tank instructions for post-10/01/99 pools and spas........................................32 (g) Observable waste discharge for post- 10/0 1 /99 pools and spas.......................................................32 (h) Backwashing for post- 10/0 1/99 and pre- 10/01/99 pools and spas..................................................32 Section 265.189. Pumps and Motors at Post-10/01/99 and Pre-10/01/99 Pools and Spas...................................32 (a) Safe pump operation for post- 10/0 1/99 and pre- 10/01/99 pools and spas......................................33 (b) Safe pump design and operation for post-10/01/99 pools and spas.................................................33 (c) Backflow prevention or cross -connection control devices for post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................................................................33 (d) Pump and motor provided for circulation for post-10/01/99 and pre-10/01/99 pools and spas............................................................................................................33 (e) Cleanable strainer for post-10/01/99 pools and spas.......................................................................33 (f) Pumps and motors accessible for post-10/01/99 pools and spas.....................................................33 (g) Durable pump seal for post- 10/0 1/99 pools and spas......................................................................33 (h) Pump valves for post-10/01/99 pools and spas...............................................................................33 (i) Motors for post-10/01/99 pools and spas........................................................................................33 Section 265.190. Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Poolsand Spas........................................................................................................................................................33 (a) Suction outlets for post- 10/0 1/99 and pre- 10/01/99 pools and spas................................................33 (b) Closure of post- 10/0 1/99 and pre- 10/01/99 pools and spas if the suction outlet is defective................................................................................................................34 (c) Approved suction outlet covers and grates in post- 10/0 1/99 and pre-10/01/99 pools and spas............................................................................................................34 (d) Suction outlets in post-10/01/99 pools and spas..............................................................................34 (e) Upgrading suction outlet systems on pre- 10/01/99 pools and spas.................................................35 (f) Stainless steel or brass fasteners for drain covers and grates in post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................................................................36 (g) Vacuum outlets for post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................................36 (h) Skimmer equalizer lines in post- 10/0 1/99 and pre- 10/01/99 pools and spas...................................36 Item 5e (i) Automatic cleaners not operated while a post- 10/0 1 /99 or pre- 10/01/99 poolor spa is in use.........................................................................................................................36 (j) Check valves in post- 10/0 1/99 and pre- 10/01/99 pools and spas....................................................36 (k) Velocity in suction piping in pre-10/01/99 pools and spas..............................................................37 (1) Replacement cover on hand for post- 10/0 1/99 and pre- 10/01/99 pools and spas ...........................37 (m) Clearance beneath a main drain cover or grate for post-10/01/99 pools and spas ...........................37 (n) Clearance beneath a main drain cover or grate for pre-10/01/99 pools and spas ............................37 (o) Return inlets in post-10/01/99 pools and spas.................................................................................37 Section 265.191. Surface Skimming and Perimeter Overflow (Gutter) Systems for Post-10/O1/99 Pools and Spas....................................................................................................................................38 (a) Surface skimming or perimeter overflow system required for........................................................... post- 10/0 1/99 pools and spas..........................................................................................................38 (b) Safe design of surface skimming or perimeter overflow system for post-10/01/99 pools and spas..........................................................................................................38 (c) Specific requirements for surface skimmer systems for post-10/01/99 pools and spas...................38 (d) Specific requirements for perimeter overflow (gutter) systems for post-10/01/99 pools and spas..........................................................................................................38 Section 265.192. Electrical Requirements for Post-10/O1/99 and Pre-10/O1/99 Pools, Spas, Pool Yards, and Spa Yards.............................................................................................................................39 (a) National Electrical Code (NEC) for post-10/01/99 pools and spas.................................................39 (b) National Electrical Code (NEC) for pre-10/01/99 pools and spas..................................................39 (c) National testing for electrical equipment for post-10/01/99 pools and spas....................................39 (d) Manufacturer's instructions for proper installation in post- 10/0 1/99 an39 pre-10/01/99 pools and spas............................................................................................................39 (e) Ground fault circuit interrupters in post- 10/0 1/99 and pre- 10/01/99 pools and spas ......................39 (f) Location of ground fault circuit interrupters...................................................................................39 (g) NEC compliance with ground fault circuit interrupters...................................................................40 (h) Bonding and grounding in post- 10/0 1/99 and pre- 10/01/99 pools and spas...................................40 (i) [Plastic coated or epoxy -coated rebar]............................................................................................40 (j) Electrical line clearances for post- 10/0 1/99 and pre- 10/01/99 outdoor pools, spas, poolyards, and spa yards................................................................................................................40 (k) Electrical disconnects for service personnel in post- 10/0 1/99 and pre- 10/01/99 poolsand spas.................................................................................................................................41 (1) Location of other electrical equipment for post- 10/0 1/99 and pre- 10/01/99 poolsand spas.................................................................................................................................41 (m) Emergency shutoff switch for post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................41 (n) Electrical inspections during construction of post- 10/0 1/99 pools and spas...................................41 (o) Electrical safety of underwater lights in post- 10/0 1/99 and pre- 10/01/99 poolsand spas.................................................................................................................................42 Section 265.193. Heating of Post-10/O1/99 and Pre-10/O1/99 Pools and Spas......................................................42 (a) Certification of heaters or boilers for post- 10/0 1/99 and pre- 10/01/99 pools and spas...................42 (b) Heater installation and testing for post-10/01/99 pools and spas....................................................42 (c) Temperature and thermometer for post- 10/0 1/99 and pre- 10/01/99 spas........................................42 (d) Heating energy source for post-10/01/99 pools and spas................................................................43 Section 265.194. Pool and Spa Water Supply for Post-10/O1/99 and Pre-10/01/99 Poolsand Spas........................................................................................................................................................43 (a) Initial fill water for post- 10/0 1/99 and pre- 10/01/99 pools and spas...............................................43 (b) Make-up water source for post- 10/0 1/99 and pre- 10/01/99 pools and spas....................................43 (c) No direct connection to wastewater system for post-10/01/99 and pre-10/01/99 pools and spas............................................................................................................43 Item 5e (d) Fill spout for post- 10/0 1 /99 pools and spas....................................................................................43 (e) Fill spout for pre- 10/01/99 pools and spas......................................................................................43 Section 265.195. Drinking Water at Post-10/O1/99 and Pre-10/01/99 Pools and Spas........................................44 (a) Potable water source for post- 10/0 1/99 and pre- 10/01/99 pools and spa facilities .........................44 (b) No cross -connections at post- 10/0 1/99 and pre- 10/01/99 pools and spas.......................................44 (c) Drinking water fountain for post- 10/0 1/99 pools and spas..............................................................44 (d) Location of waterlines for post-10/01/99 pools and spas................................................................44 Section 265.196. Waste Water Disposal at Post-10/01/99 and Pre-10/O1/99 Poolsand Spas .....................................................................................................................................................44 (a) Filter backwash disposal for post- 10/0 1/99 and pre- 10/01/99 pools and spas................................44 (b) No direct connection between a wastewater system and a post-10/01/99 or pre-10/01/99 pool or spa.................................................................................................................44 (c) Location of on -site sewage facility wastewater disposal lines for post- 10/0 1/99 and pre-10/01/99 pools and spas.....................................................................................................44 (d) Location of other wastewater disposal facilities or lines for post- 10/0 1/99 and pre- 10/01/99 pools and spas.....................................................................................................44 Section 265.197. Disinfectant Equipment and Chemical Feeders for Post-10/O1/99 and Pre-10/01/99 Pools and Spas.....................................................................................................................................45 (a) Disinfectant equipment and practices at post- 10/0 1/99 and pre- 10/01/99 poolsand spas................................................................................................................................. 45 (b) Chemical feeders at post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................................46 Section 265.198. Gas Chlorination for Post-10/O1/99 and Pre-10/01/99 Pools and Spas .................................... 46 (a) No gas chlorination to be installed after September 1, 2004...........................................................46 (b) Gas chlorination in pools and spas constructed before September 1, 2004.....................................46 (c) Chlorinators on post-10/01/99 pools and spas constructed before September 1, 2004, and pre-10/01/99 pools and spas.....................................................................47 (d) Booster pumps on post-10/01/99 pools and spas constructed before September 1, 2004, and pre-10/01/99 pools and spas.....................................................................47 (e) Housing of chlorinators, cylinders of chlorine and associated equipment at post- 10/0 1/99 pools and spas constructed before September 1, 2004, and pre-10/01/99 pools and spas.....................................................................................................47 (f) General gas chlorine safety features at post-10/01/99 pools and spas constructed before September 1, 2004 and pre- 10/01/99 pools and spas...........................................................47 Section 265.199. Specific Safety Features for Post-10/O1/99 and Pre-10/O1/99 Poolsand Spas .....................................................................................................................................................48 (a) Handholds and coping for post- 10/0 1/99 and pre- 10/01/99 pools and spas....................................48 (b) Float lines and floor markings for post- 10/0 1/99 and pre- 10/01/99 pools......................................49 (c) Depth markers for post-10/01/99 pools...........................................................................................49 (d) Depth markers for pre- 10/01/99 pools............................................................................................50 (e) "NO DIVING" wording and international no diving symbol warning signs for post- 10/0 1/99 and pre- 10/01/99 pools.......................................................................................51 (f) Signs for post- 10/0 1/99 and pre- 10/01/99 pools.............................................................................51 (g) Lifeguard personnel standards at post- 10/0 1/99 and pre- 10/01/99 pools........................................52 (h) Lifeguard chairs and lifeguard equipment for post- 10/0 1/99 and pre- 10/01/99 pools ....................53 (i) Pool safety equipment for post- 10/0 1/99 and pre- 10/01/99 pools..................................................53 (1) Lifesaving equipment at post- 10/0 1/99 and pre- 10/01/99 Class A, B, and C pool ........... 53 (2) Backboards at post- 10/0 1/99 and pre- 10/01/99 pools......................................................54 (3) First aid kits at post- 10/0 1/99 and pre- 10/01/99 pools185...............................................54 (j) Telephones at post- 10/0 1/99 and pre- 10/01/99 pools and spas.......................................................54 (k) Lighting for post- 10/0 1/99 and pre- 10/01/99 pools and spas..........................................................55 (1) Indoor ventilation for post-10/01/99 pools and spas.......................................................................55 Item 5e (m) Safety and sanitation of special aquatic activity devices.................................................................55 Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/O1/99 and Pre-10/O1/99 Pools and Spas.....................................................................................................................................56 (a) Enclosures for post- 10/0 1/99 and pre- 10/01/99 Class A and B pools and spas and post-10/01/99 and pre-10/01/99 residential youth camp pools and spas..................................56 (b) Enclosures for post- 10/0 1/99 or pre- 10/01/99 Class C pools and spas and Class D pools at a Class C facility that are subject to Health and Safety Code, Chapter 757.......................56 (c) Enclosures for all other post- 10/0 1/99 or pre- 10/01/99 Class C pools and spas and Class D pools at Class C facilities............................................................................................ 56 (d) [Propping open gates prohibited].................................................................................................... 57 Section 265.201. Dressing and Sanitary Facilities at Post-10/O1/99 and Pre-10/O1/99 Poolsand Spas ........................................................................................................................................................57 (a) Fixture design at post- 10/0 1 /99 facilities........................................................................................58 (b) Fixture installation at post- 10/0 1/99 and pre- 10/01/99 facilities.....................................................58 (c) Proper cleaning at post- 10/0 1/99 facilities......................................................................................58 (d) Adequate ventilation at post- 10/0 1/99 facilities..............................................................................58 (e) Dressing and sanitary facilities at facilities for post- 10/0 1 /99 Class A or B pool ............................... (f) Lavatories, showers, and toilets at post- 10/0 1/99 pools and spas...................................................58 (g) Sanitary facilities serving post- 10/0 1/99 pools or spas in apartments, hotels, motelsor condominiums................................................................................................................. 59 (h) Additional requirements for sanitary facilities at post- 10/0 1/99 and pre-10/01/99 pools and spas............................................................................................................59 Section 265.202. Food, Beverages, and Containers at Post-10/01/99 and Pre-10/O1/99 Poolsand Spas ........................................................................................................................................................59 (a) Food and beverages while in the water at post- 10/0 1/99 and pre- 10/01/99 pools andspas...........................................................................................................................................59 (b) Non -breakable containers at post- 10/0 1/99 and pre- 10/01/99 pools and spas................................59 (c) Trash containers at post- 10/0 1/99 and pre- 10/01/99 pools and spas...............................................59 Section 265.203. Operation and Management of Post-10/O1/99 and Pre-10/O1/99 Poolsand Spas ........................................................................................................................................................59 (a) Required operator certification for certain types of post- 10/0 1 /99 and pre- 10/01/99 poolsand spas................................................................................................................................. 59 (b) Water clarity standards for post- 10/0 1 /99 and pre- 10/01/99 pools and spas...................................60 (c) Equipment for water clarity for post- 10/0 1 /99 and pre- 10/01/99 pools and spas ............................60 (d) Off season water clarity for post- 10/0 1/99 and pre- 10/01/99 outdoor pools and spas ....................60 (e) Off season safety for post- 10/0 1/99 and pre- 10/01/99 pools and spas............................................60 (f) Domestic animals prohibited at post- 10/0 1/99 and pre- 10/01/99 pools and spas ...........................60 (g) Actual water level at post- 10/0 1/99 and pre- 10/01/99 pools and spas............................................61 (h) Protection from chemicals for post- 10/0 1/99 and pre- 10/01/99 pools and spas..............................61 (i) Maximum load limits for post- 10/0 1/99 pools and spas.................................................................61 0) Use of life jackets for post- 10/0 1/99 and pre- 10/01/99 pools and spas...........................................61 (k) Proper use of chemicals at post-10/01/99 and pre-10/01/99 pools and spas...................................61 (1) Use of registered products at post- 10/0 1/99 and pre- 10/01/99 pools and spas...............................61 Section 265.204. Water Quality at Post-10/O1/99 and Pre-10/O1/99 Pools and Spas...........................................61 (a) Required water quality for post- 10/0 1/99 and pre- 10/01/99 pools and spas...................................61 (b) Water quality testing at post- 10/0 1 /99 and pre- 10/01/99 pools and spas........................................61 (c) Testing frequency for post- 10/0 1/99 and pre- 10/01/99 pools and spas...........................................61 (d) Other required tests for post- 10/0 1/99 and pre- 10/01/99 pools and spas........................................61 (e) Operational records for post- 10/0 1/99 and pre- 10/01/99 pools and spas........................................62 Item 5e Section 265.205. Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Spas.......................................................................................................................................................62 (a) General construction standards for pre- 10/01/99 spas....................................................................62 (b) General construction standards for post- 10/0 1/99 spas...................................................................62 (c) General standards for circulation equipment in post- 10/0 1/99 spas................................................62 (d) General standards for replacement of circulation equipment in pre- 10/01/99 spas.........................62 (e) Specific construction and operational standards for post-10/01/99 spas.........................................62 (f) Other safety -related requirements for post- 10/0 1/99 and pre- 10/01/99 spas...................................64 Section 265.206. Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Therapeutic Pools and Spas........................................................................................................65 (a) General construction standards for post- 10/0 1 /99 andpre- 10/0 1/99 therapeutic poolsand spas.................................................................................................................................65 (b) General standards for circulation equipment in post-10/01/99 and pre-10/01/99 therapeutic pools and spas.........................................................................................65 (c) General standards for replacement of circulation equipment in pre-10/01/99 therapeutic pools and spas...............................................................................................................66 (d) Specific construction and operational standards for post-10/01/99 therapeutic poolsand spas.................................................................................................................................66 Section 265.207. Compliance, Inspections, and Investigations.............................................................................67 Section265.208. Enforcement..................................................................................................................................67 Figures...................................................................................................................................................... 68 Figure 25 TAC Section 265.184(n)(1)..........................................................................................................68 Figure 25 TAC Section 265.184(o)...............................................................................................................69 Figure 25 TAC Section 265.184(t)................................................................................................................70 Figure25 TAC Section 265.186(e)(6)...........................................................................................................71 Figure 25 TAC Section 265.201(fl(1)...........................................................................................................72 Figure25 TAC Section 265.204(a)...............................................................................................................73 Item 5e Section 265.181(a) TEXAS DEPARTMENT OF STATE HEALTH SERVICES POOL AND SPA RULES These rules were adopted July 1, 2004, to be effective Sept. 1, 2004—except that Jan. 1, 2005 is the effective date under Section 265.290(e) for retrofitting suction outlets in pre-10-1-99 pools and spas with single main drains. Section 265.181. General Provisions. (a) Scope and purpose of rules. These rules address minimum standards for design and construction of pools and spas. These rules also establish minimum operating standards for pools and spas to assure proper filtration, chemical, and general maintenance of water and safety to users. These standards are based in part on the American National Standards Institute and the National Spa and Pool Institute Standards for Public Swimming Pools (ANSI/NSPI 1 - 1991) and the American National Standards Institute and National Spa and Pool Institute Standards for Public Spas (ANSLNSPI 2 - 1992). These rules are in addition to any municipal or federal laws applicable to pools and spas. These rules implement Texas Health and Safety Code, Title 5, Subtitle A, §341.064(g), and are considered good public health engineering and safety practices. (b) Application of rules. (1) A pool or spa constructed prior to October 1, 1999 will be defined as "pre-10/01/99." A pool or spa constructed on or after October 1, 1999 will be defined as "post-10/01/99." A pool or spa is considered constructed on the date that a building permit for construction of the pool or spa is issued by a municipality or, if no building permit is required, the pool/spa operator/owner must produce adequate written documentation of the date that excavation or electrical service to the pool or spa begins, whichever is first. (2) A pool or spa serving only one or two dwellings (a single family home or a duplex), regardless of whether the pool or spa is permanently or temporarily installed in or above the ground, is exempt from these rules. (3) Each section of the rules states the extent to which the rule applies to post-10/01/99 or pre-10/01/99 pools, spas, or facilities. (4) The standards for pools or spas that apply to pools or spas constructed on or after October 1, 1999, are contained in these rules. Except for rules that specifically apply to pre-10/01/99 pools and spas, the standards for pool or spa design and construction are those standards that were in existence at the time the pool or spa was initially constructed, including then -applicable local, state and federal laws except as otherwise stated in these rules. Owners of pre- 10/01/99 pools and spas may follow the rules applicable to post- 10/0 1/99 pools and spas. (5) The standards for spa design, construction, and operation that apply to post-10/01/99 and pre-10/01/99 spas are contained or referenced in §265.205 of this title (relating to Construction, Operation, and Maintenance of Post- 10/0 1/99 and Pre- 10/01/99 Spas). (6) The standards for pool or spa operation that apply to pre- 10/01/99 pools or spas are the provisions that specifically state that they are applicable to pre- 10/01/99 pools or spas. (7) The standards contained in these rules shall be met notwithstanding minor variations in equipment, materials, or design if (A) the variation provides the quality, strength and durability equal to or greater than the standards contained in these rules; and (B) the operation, maintenance, safety, and sanitation of the pool or spa are not adversely affected by the variation. (8) Where a local regulatory authority has jurisdiction for the regulation of pools and spas, such authorities may, as statutorily allowed, adopt standards that vary from these standards; however, such Page 7 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.181(c) standards shall be the same as, equivalent to, or more stringent than these standards and shall be in accordance with good public health engineering and safety practices. (c) Stricter codes and standards. Whenever a pool or spa owner is in compliance with a more recent code or standard that is stricter than these rules, that standard shall be deemed as in compliance with these rules on a particular subject. (1) Except as expressly provided in these rules, an owner whose pool or spa was constructed in compliance with a standard applicable on the date of construction is not required to modify construction to comply with a subsequent construction standard for post- 10/0 1 /99 pools and spas. (2) Except as expressly provided in these rules, an owner whose pool or spa equipment was in compliance with a standard applicable at the time installation of equipment is not required to purchase and reinstall equipment complying with a subsequent equipment standard for post- 10/0 1 /99 pools and spas in these rules. (3) Post-10/01/99 and pre-10/01/99 facilities shall be required to meet the operational standard that is most applicable to their use. For example, if a pool is operated as a Class C pool but will be made available for use by the general public, the pool shall meet Class B operational standards for lifeguards, etc.; or if a pool is normally operated as a Class B pool but, is used for a private party and is closed to the general public for the duration of the party the pool shall meet Class C operational standards. (4) A post-10/01/99 facility shall be required to meet the applicable construction standard that is most restrictive for its intended use. For example, if a pool at a facility that is generally classified as a Class C pool open for use by generally elass feed as ^ Glass r �the general public at any time, it shall be constructed to meet Class B pool standards. Section 265.182. Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (1) Above -ground pool or spa - A removable pool or spa of any shape that is located on the surrounding earth or a pool or spa package located in an excavation below the ground level that may be readily disassembled or stored and reassembled. (2) Actual water level - The water level at any particular point in time, which may vary with specific conditions such as rainfall or number of users. (See definition (47) "Design water level" and (88) "Operating water level range.") (3) Algae - Microscopic plant -like organisms that contain chlorophyll and include green, blue-green or black brown, and yellow -green (mustard) algae. (4) Algaecide - A natural or synthetic substance used for killing, destroying, or controlling algae. (5) Alkalinity - The amount of bicarbonate, carbonate or hydroxide compounds present in water solution. (See definition (143) "Total alkalinity.") (6) Approved cover or approved drain cover - A suction outlet drain cover that meets the requirements of §265.190(c)(1) of this title (relating to Suction Outlets and Return Inlets at Post- 10/0 1/99 and Pre- 10/01/99 Pools and Spas). (7) Approved grate - A suction outlet grate that meets the requirements of §265.190(c)(2) of this title. Page 8 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(9) (8) ACI - American Concrete Institute, P. O. Box 9094, Farmington Hills, Michigan 48333-9094, telephone (248) 848-3800. (9) ANSI - American National Standards Institute, 25 West 43rd Street (4th Floor), New York, New York 10036, telephone (212) 642-4900. (10) ANSI/NSPI 1 - 1991 - American National Standards Institute and National Spa and Pool Institute Standards for Public Swimming Pools adopted in 1991. (11) ANSI/NSPI 2 - 1992 - American National Standards Institute and National Spa and Pool Institute Standards for Public Spas adopted in 1992. (12) ARC - American Red Cross, 8111 Gatehouse Road, Falls Church, Virginia 22042, telephone (703) 206-6000. (13) ASHRAE - American Society of Heating, Refrigeration and Air -Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, Georgia 30329-2305, telephone (800) 527-4723. (14) ASME - American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, New Jersey 07007-2900, telephone (800) 843-2763. (15) ASPSA — American Swimming Pool and Spa Association, 1108 Little River Dr., Elizabeth City, North Carolina 27909, telephone (252) 331-2301. (16) ASTM - American Society of Testing Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, telephone (610) 832-9500. (17) Available chlorine - Rating of chlorine containing products for total oxidizing power. (See definition number (62) "Free available chlorine.") (18) AVS - An atmospheric vent system, as described in §296.190(d)(3)(A) of this title for minimizing risk of entrapment. (19) Backwash - The process of cleansing the filter medium and/or elements by the reverse flow of water through the filter. (20) Backflow prevention device - A device that is designed to prevent a physical connection between a potable water system and a non -potable source such as a pool or spa, or a physical connection between a pool or spa and a sanitary sewer or wastewater disposal system. (See definition number (41) "Cross -connection control device.") (21) Bacteria - Single -celled microorganisms of various forms, some of which cause infections or disease. (22) Beginner's areas - Water areas that are 3 feet or less in depth in a pool. (23) Bleeder valve - A device that allows air to be vented from a closed system. (See definition number (154) "Valve.") (24) Bonded - The permanent joining of metallic parts to form an electrically conductive path that will ensure electrical continuity and the capacity to conduct safely any current likely to be imposed in order to minimize the risk of electrocution. Examples of bonding are the installation of a metal wire from a pool or spa pump to the rebar in the pool or spa wall, or interconnecting all rebar in a pool or spa wall by metal wire prior to pouring concrete in the wall. (25) Breakpoint - The practice of adding a sufficient amount of chlorinating compound to water to destroy chlorine demand compounds and any combined chlorine, which is present. Generally, the level of chlorine Page 9 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(26) added is 10 times the level of combined chlorine in the water. (See definition number (132) "Super chlorination.") (26) Breakpoint chlorination - The addition of a sufficient amount of chlorine to water to destroy the chlorine demand compounds and any combined chlorine that is present. (See definition number (132) "Super chlorination.") (27) Broken stripe - A horizontal stripe that is at least 1-inch wide with uniform breaks in the stripe, with the breaks totaling not more than 75% of the length of the stripe and stripe breaks. (28) Bromine - A chemical element (Br2) that exists as a liquid in its elemental form or as part of a chemical compound that is a biocide agent used to disinfect pool or spa water. (29) Chemical feeder - A mechanical device for applying chemicals to pool or spa water. (30) Chloramine - A compound formed when chlorine combines with nitrogen or ammonia that when found in significant amounts in a pool or spa, may cause eye and skin irritation and may have an objectionable odor. (31) Chlorinator - A device to apply or to deliver a chlorine disinfectant to water at a controlled rate. (32) Chlorine - A chemical element (C12) that exists as a gas in its elemental form or as a part of chemical compound that is an oxidant. Chlorine is a biocide agent used to disinfect pool or spa water. (33) Chlorine demand compounds - Organic matter, chloramines, and other such compounds that chlorine reacts with and that depletes chlorine. (34) Chlorine Institute - Chlorine Institute, 2001 L Street North West, Suite 506, Washington, D.C. 20036-4919, telephone (202) 775-2790. (35) Circulation equipment - The mechanical components that are a part of a circulation system on a pool or spa. Circulation equipment may include but is not limited to, categories of pumps; hair and lint strainers; filters; valves; gauges; meters; heaters; surface skimmers; inlet/outlet fittings; and chemical feeding devices. The components have separate functions, but when connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear, sanitary, and desirable condition for use. (36) Circulation system - An arrangement of mechanical equipment or components, connected by piping to a pool or spa in a closed circuit. The function of a circulation system is to direct water from the pool or spa, causing it to flow through the various system components for purposes of clarifying, heating, purifying, and returning the water back to the original body of water. (37) Combined chlorine - The portion of the total chlorine pre-10/01/99 in water in chemical combination with ammonia, nitrogen, and/or organic compounds, mostly comprised of chloramines. Combined chlorine plus free chlorine equals total chlorine. (38) Construction date - The date that a building permit for construction of the pool or spa is issued by a municipality or, if no building permit is required, written documentation of the date that excavation or electrical service to the pool or spa begins, whichever is first. (39) Coping - The cap on the pool or spa wall that provides a finishing edge around the pool or spa. The coping can be formed, cast in place or pre -cast, or pre -fabricated from metal or plastic materials. (40) CPSC - United States Consumer Product Safety Commission, Washington, D.C. 20207, telephone (800) 638-2772. (41) Cross -connection control device - A device that is designed to prevent a physical connection between a potable water system and a non -potable source such as a pool or spa, or a physical connection between a pool or spa and a sanitary sewer or wastewater disposal system. (See definition number (20) `Backflow prevention Page 10 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(42) device.") (42) Cyanuric acid - A chemical that helps reduce the excess loss of chlorine in water due to the ultraviolet rays of the sun. (43) Decks - Areas immediately adjacent to or attached to a pool or spa that are specifically constructed or installed for sitting, standing, or walking. (44) Deep areas - Water levels in pools that are over 5 feet deep. (45) Department - The Texas Department of Health, General Sanitation Division, 1100 West 49th Street, Austin, Texas 78756, telephone (512) 834-6635. (46) Depth (pool or spa depth) - The vertical distance measured at 3 feet from the pool or spa wall from the bottom of the pool or spa to the design water level. (47) Design water level - The design water level defined in either of the following ways: (A) Skimmer system - The design water level shall be at the midpoint of the operating range of the skimmers; or (B) Overflow system - The design waterline shall be at the top of the overflow rim of the gutter system. (48) DPD - A chemical testing reagent (N,N-Diethyl-P-Phenylenediamine) used to measure the levels of free chlorine or bromine in water by yielding a series of colors ranging from light pink to dark red. (49) Disinfectant - Energy or chemicals used to kill undesirable or pathogenic (disease causing) organisms, and having a measurable residual at a level adequate to make the desired kill. (50) Disinfectant equipment - Equipment designed to apply or deliver a disinfectant (such as chlorine or bromine) at a controlled rate. (51) Diving board - A recreational mechanism for entering a pool, consisting of semi -rigid board that derives its elasticity through the use of a fulcrum mounted below the board. (52) Diving equipment for competition - Competitive diving boards and fulcrum -setting diving stands intended to provide adjustment for competitive diving. (53) Dwelling or rental dwelling - One or more rooms rented to one or more persons where a Class C pool or spa or a Class D pool is located. (54) Effective filter area - Total surface area through which designed flow rate will be maintained during filtration. (55) Effluent - The water that flows out of a filter, pump, or other device. (56) Facility(ies) - The pool or spa, restrooms, dressing rooms, equipment rooms, deck, enclosure, and other appurtenances directly serving the pool or spa area. (57) Feet of head - A basis for indicating the resistance in a hydraulic system, equivalent to the height of a column of water that would cause the same resistance (100 feet of head equals 43 pounds per square inch). The dynamic head is the sum of all resistances in a complete operating system. (58) Filter - A device that removes undissolved particles from water by recirculating the water through a porous substance (filter media or element). Page 11 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(59) (59) Filter element - A device within a filter tank designed to entrap solids and conduct water to a manifold, collection header, pipe, or similar conduit and return it to the pool or spa. A filter element usually consists of a septum and septum support, or a cartridge. (60) Filter media - A finely graded material (for example, sand, diatomaceous earth, polyester fabric, and anthracite) that removes filterable particles from the water. (61) Floor - The interior bottom surface of a pool or spa. (62) Free available chlorine - That portion of the total chlorine remaining in chlorinated water that is not combined with ammonia or nitrogen compounds and that will react chemically with undesirable or pathogenic organisms. Combined chlorine plus free chlorine equals total chlorine. (63) Handhold - A ledge, coping, rope, railing, deck, or similar construction along the immediate top edge of the pool that provides a slip -resistant surface or grip. (64) Handrail - A railing that is intended to be gripped for resting and/or steadying a person while entering or exiting a pool or spa and that is typically part of a ladder, a set of steps, or deck -installed equipment. (65) Hardness - The amount of calcium and magnesium dissolved in water measured by a chemical test kit and expressed as parts per million (ppm) of equivalent calcium carbonate. (66) Heat exchanger - A device with coils, tubes or plates that absorbs heat from any fluid, liquid or air, and transfers that heat to another fluid without intermixing the fluids. (67) Heat pump - A refrigeration compressor, usually electrically driven, that is operated in reverse. To obtain heat, the evaporator side (cooling coil) is exposed to warm water, air or ground. The evaporator coil absorbs the heat from this source and transfers it to the condenser coil where it discharges the heat to the pool or spa to be heated. (68) Hot tub - A spa constructed of wood with sides and bottoms formed separately and joined together by pressure from surrounding hoops, bands, or rods; distinct from spa units formed of plastic, concrete, metal, or other materials. (69) IESNA - Illuminating Engineering Society of North America, 120 Wall Street, Floor 17, New York, New York 10005-4001, telephone (212) 248-5000. (70) Influent - The water entering a filter or other device. (71) Jump board - A recreational mechanism for entering a pool that has a coil spring or comparable device located beneath the board which is activated by the force exerted in jumping on the board. (72) Labeled - Equipment or material to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the authority having jurisdiction and concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. (73) Ladders - (A) Deck ladder - A ladder ascending from ground level outside the pool or spa to the level of a deck. (B) In -pool or in -spa ladder - A ladder located in a pool or spa to provide ingress and egress from the deck. (74) Listed - Equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of Page 12 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(75) production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate designated standards or has been tested and found suitable for use in a specified manner. (75) Local regulatory authority - The local enforcement body or authorized representative having jurisdiction over pools, spas, and associated facilities. (76) May - An advisory statement or a good practice and is not legally required. (77) MSHA - Mine Safety and Health Administration, 2002 Thayer Center, Oakland, Maryland 21550, telephone (301) 334-3831. (78) Multi -port valve - A device that allows the multi -directional control of the passage or flow of water through a system. (See definition number (154) "Valve.") (79) NEC - National Electric Code, published by NFPA. (See definition number (81) "NFPA.") (80) NEMA - National Electric Manufacturers Association, 1300 N. 17' Street, Suite 1847, Rosslyn, Virginia 22209, telephone (703) 841-3200. (81) NFPA - National Fire Protection Association, 11 Tracy Drive, Avon, Massachusetts 02322, telephone (800) 344-3555. (82) NOx - (also written nox) Nitrogen oxides or the sum of the nitric oxide and nitrogen dioxide found in the flue gas or emission point of a source. (83) NRPA - National Recreation and Park Association, 650 West Higgins Road, Hoffman Estates, Illinois 60195-3402, telephone (847) 843-7529. (84) NSFI - National Sanitation Foundation International, 789 N. Dixboro Drive, Ann Arbor, Michigan 48115, telephone (800) 673-6275. (85) NSPF - National Swimming Pool Foundation, 224 East Cbeyenne Mountain Blvd., Colorado Springs, CO 80906, telephone (719) 540-9119. (86) NSPI - National Swimming Pool Institute, 2111 Eisenhower Avenue, Alexandria, Virginia 22314, telephone (703) 838-0083. (87) Offset ledge - A horizontal shelf or ledge projecting toward the interior of a pool from the vertical wall that provides a safe footing for a pool user to stand on in deep areas of the pool. (88) Operating water level range - The operating water level defined in one of the following ways: (A) Skimmer system - Two inches above to 2 inches below the midpoint of the operating range of the device, or manufacturer's maximum stated operating range; or (B) Overflow (gutter) system - The manufacturer's maximum stated operating range above the design water level. (89) Organic matter - Perspiration, urine, fecal matter, saliva, suntan oil, cosmetics, lotions, dead skin, and similar debris introduced to water by users and the environment. (90) ORP - The potential level of oxidation-reduction produced by strong oxidizing (sanitizing) agents in a water solution. Oxidation level is measured in millivolts by an ORP meter. (91) OSHA - United States Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue N.W., Washington, D.C. 20210, telephone (800) 321-6742. Page 13 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(92) (92) Outlet - (See definition number (131) "Suction outlet.") (93) Overflow system - Overflows, surface skimmers, and surface water collection systems of various design and manufacture for removal of pool or spa surface water. (94) Owner/operator - Fee title holder of the property upon which the pool or spa is located, and/or business manager, complex manager, property owners, association manager, rental agent or other individual who is in charge of the day to day operation or maintenance of the property. The owner/operator is responsible to ensure that the pool or spa and associated facilities comply with state and local pool or spa design, construction, operation, and maintenance standards. (95) Parts per million (PPM) - A unit of measurement in chemical testing that indicates the parts by weight in relation to one million parts by weight of water. For the purposes of pool or spa water chemistry, ppm is considered to be essentially identical to the term milligrams per liter (mg/L). (96) pH - A value expressing the relative acidic or basic tendencies of a substance, such as water, as indicated by the hydrogen ion concentration. The pH is expressed as a number on the scale of zero to 14, zero being most acidic, 1 to 7 being acidic, 7 being neutral, 7 to 14 being basic and, 14 being most basic. (97) Plaster - A type of interior finish (a mixture of cement and aggregate) that is applied to a concrete pool or spa and that is either white or meets the observable "black disk" requirement in §265.184(f) of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas) and §265.185(c) of this title (relating to General Construction and Design for Pre-10/01/99 Pools and Spas). (98) Plummet - A line perpendicular to the water surface and extending vertically to a point located at the front end of the diving board and at the center line directly in front of the diving board. (99) Pool - Any man-made permanently installed or non -portable structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, aquatic sports, or other aquatic activity other than a residential pool and that is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The pool may be either publicly or privately owned. The term does not include a spa or a decorative fountain that is not used as a pool. References within the standard to various types of pools are defined by the following categories: (A) Class A pool - Any pool used, with or without a fee, for accredited competitive aquatic events such as Federation Internationale De Natation Amateur (FINA), United States Swimming, United States Diving, National Collegiate Athletic Association (NCAA), National Federation of State High School Associations (NFSHSA), events. A Class A pool may also be used for recreation. (B) Class B pool - Any pool used for public recreation and open to the general public with or without a fee. (C) Class C pool - Any pool operated for and in conjunction with: (i) lodging such as hotels, motels, apartments, condominiums, or mobile home parks; (ii) property owner associations, private organizations, or clubs; or (iii) a school, college or university while being operated for academic or continuing education classes. The use of such a pool would be open to occupants, members or students, etc., and their guests but not open to the general public. (D) Class D pool - A wading pool with a maximum water depth of 24 inches at any point. (100) Pool yard or spa yard - An area that has a pool yard or spa yard enclosure and that contains a pool or spa. (101) Pool yard or spa yard enclosure - A fence, wall, or combination of fences, walls, gates, windows, or doors that completely surround a pool or spa. (102) Post-10/01/99 pool or spa - A pool or spa built on or after October 1, 1999, unless otherwise Page 14 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(103) indicated. (See §265.181(b) of this title, relating to General Provisions.) (103) Post-10/01/99 pool and/or spa construction - The activity of building or installing a pool and/or spa structure, and its component parts, where no such structure has previously existed or where previously pre- 10/01/99 pool or spa structures have been removed. (104) Potable water - Water that is bacteriologically safe and otherwise suitable for drinking and is regulated by the Texas Commission on Environmental Quality or local regulatory authority as a drinking water system. (105) Pre-10/01/99 pool or spa - A pool or spa built before October 1, 1999, unless otherwise indicated. (See §265.181(b) of this title, relating to General Provisions.) (106) Precipitate - A solid material that is forced out of a solution by some chemical reaction and that settles out or remains as a haze in suspension (turbidity). (107) Pressure differential - The difference in pressure between two parts of a hydraulic system, such as the influent and effluent of a filter. (108) PSI - Pounds per square inch. (109) Pump - A mechanical device, usually powered by an electric motor that causes hydraulic flow and pressure for the purpose of filtration, heating, and circulation of pool and spa water. (110) Push-pull valve - A device that allows the dual direction control or flow of water through a system. (See definition number (154) "Valve.") (111) Rate of flow - The quantity of water flowing past a designated point within a specified time, such as the number of gallons flowing in 1 minute (gallons per minute). (112) Regulatory authority - Any federal, state, or local enforcement body or authorized representative having jurisdiction over pools, spas, and associated facilities. (113) Residential pool or spa - A pool or spa that is located on private property under the control of the property owner or the owner's tenant and that is intended for use by not more than two resident families and their guests. It includes a pool or spa serving only a single-family home or a duplex. (114) Return inlet or inlet - The aperture or fitting through which the water under positive pressure returns into a pool or spa. (115) Ring buoy - A ring -shaped floating buoy capable of supporting a user. (116) Rope and float line - A continuous line that is not less than 1/4 inch in diameter and that is supported by buoys and attached to opposite sides or ends of a pool to separate the deep and shallow ends or mark exercise or racing lanes. (117) Scale - The precipitate that forms on surfaces in contact with water when the hardness, pH, or total alkalinity levels are too high. (118) Self -closing and self -latching device - A device that causes a gate to automatically fully close and latch without human or electrical power. (119) Separation tank - A tank used in conjunction with a filter to facilitate the separation of filtrate material for disposal. (120) Service animal - A guide dog, signal dog, or other animal trained to do work or perform tasks for the benefit of an individual with a disability, including but not limited to, guiding individuals with impaired vision, Page 15 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(121) alerting individuals with impaired hearing to intruders or sounds, or providing minimal protection or rescue work, such as pulling a wheelchair, or fetching dropped items. (121) Shall - Mandatory provisions of these regulations. (122) Shallow areas - Pool water areas that are 5 feet deep or less. (123) Shock treatment - The practice of adding significant amounts of an oxidizing chemical to water to destroy ammonia and nitrogenous and organic contaminants in water. (124) Skimmer weir - Part of a skimmer that adjusts automatically to small changes in water level to assure a continuous flow of water to the skimmer. (125) Slide - A recreational feature with a flow of water and an inclined flume or channel by which a rider is conveyed downward into a pool. (126) Slip -resistant - A surface that has been treated or constructed to significantly reduce the chance of slipping. (127) Spa - A constructed permanent or portable structure that is 2 feet or more in depth and that has a surface area of 250 square feet or less or a volume of 3250 gallons or less and that is intended to be used for bathing or other recreational uses and is not drained and refilled after each use. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. A spa, as is defined in these rules, does not refer to a business establishment such as a day spa or a health spa. Industry terminology for a spa includes, but is not limited to, "hydrotherapy pool," "whirlpool," "hot spa," "hot tub," etc. A spa does not include a residential spa. (See definition number (113) "Residential pool or spa.") (128) Special aquatic activity device - An interactive play device, such as a slide, spray stream, or similar item, utilizing water that is recirculated. (129) Stabilizer - A chemical that helps reduce the excess loss of chlorine in water due to the ultraviolet rays of the sun. (See definition number (42) "Cyanuric acid.") (130) Steps, recessed steps, ladders, and recessed treads - A means of pool and spa ingress and egress that may be used separately or in conjunction with one another. (A) Steps - A riser/tread or series of risers/treads extending down from the deck and terminating at the pool or spa floor. Included are recessed steps that have the risers located outside of user areas. (B) Ladders - A series of vertically separated treads or rungs connected by vertical rail members or independently fastened to an adjacent vertical pool or spa wall. (See definition number (73) "Ladders" for particular ladder types.) (C) Recessed treads - A series of vertically spaced cavities in the pool or spa wall creating tread areas for step holes. (131) Suction outlet - The aperture or fitting through which the water is drawn from the pool or spa. A skimmer is not considered a suction outlet for purposes of these rules. (132) Super chlorination - The practice of adding a sufficient amount of chlorinating compound to water to destroy chlorine demand compounds and any combined chlorine that is present. Generally, the level of chlorine added is 10 times the level of combined chlorine in the water. (See also definition number (26) "Breakpoint chlorination.") (133) Surface skimmer system/Through wall skimmer - A device installed in the wall of an in -ground pool or spa, or above -ground pool or spa that permits the continuous removal of floating debris and surface water to the filters. Page 16 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(134) (134) Surge pit - A collecting tank or sump that allows the pool drains(s) and surface collection system to flow into it by gravity. (135) SVRD - A safety vacuum release device, as described in §296.190(d)(3)(B) of this title for minimizing risk of entrapment. (136) SVRS - A safety vacuum release system that consists of either an SVRD or an AVS, as described in §296.190(d)(3) of this title for minimizing risk of entrapment. (137) Swimout - A recessed area outside of the general perimeter of the pool designed to facilitate the entry and exit of swimmers from a pool. (138) TCEQ - Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-1000. (139) TDLR - Texas Department of Licensing and Regulation, Boiler Division, P. O. Box 12157, Austin, Texas 78711, telephone (800) 803-9202. (140) TDS - Total dissolved solids, i.e., a measure of the total amount of dissolved matter in water (for example, calcium, magnesium, carbonates, bicarbonates, metallic compounds). (141) Test kit - A device for monitoring a specific chemical level in pool or spa water. (142) Therapeutic pool or spa - A pool or spa that is operated exclusively for therapeutic purposes, such as physical therapy, and is under the direct supervision and control of licensed medical personnel. (143) Total alkalinity - A measure of the ability or capacity of water to resist change in pH; also known as the buffering capacity of water. Measured with a test kit and expressed as ppm; consists mainly of carbonates, bicarbonates and hydroxides. (144) Total chlorine - The sum of both the free available and combined chlorine. (145) Toxic - A substance that has an adverse physiological effect on human beings or other living organisms. (146) Turbidity - Cloudy condition of water due to the presence of fine particulate materials in suspension that interferes with the passage of light. (147) Turnover rate - The period of time (usually in hours) required to circulate a volume of water equal to the total pool or spa capacity. (148) UFC - Uniform Fire Code, published by the International Fire Code Institute, 5360 Workman Mill Road, Whittier, California 90601-2298, telephone (800) 423-6587. (149) Underwater light - A fixture designed to illuminate a pool or spa from beneath the water surface. An underwater light includes either of the following: (A) Wet niche light - a watertight and water-cooled light unit placed in a submerged, wet niche in the pool or spa wall and accessible only from the pool or spa; or (B) Dry niche light - a light unit placed behind a watertight window in the pool or spa wall. (150) UL - Underwriters Laboratory, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, telephone (847) 272-8800. (151) User - A person using a pool or spa and adjoining deck area for the purpose of water sports, recreation therapy or related activities. Page 17 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.182(152) (152) User load - The number of persons in the pool or spa area at any given moment, or during any stated period of time. (153) Vacuum - The reduction of atmospheric pressure within a pipe, tank, pump, or other vessel. Vacuum is measured in inches of mercury. Each inch of mercury is equivalent to 1.13 feet of head. The typical maximum vacuum is 30 inches of mercury, or 33.9 feet of head. (154) Valve - Any device in a pipe that will partially or totally obstruct the flow of water (as in a ball, gate or globe valve) or permit flow in one direction only (as in a check or foot valve). (See definition numbers (23) "Bleeder valve," (78) "Multi -port valve," and (110) "Push-pull valve.") (155) Velocity - The speed at which a liquid flows between two specified points, expressed in feet per second. (156) Vortex pool - Circular pools equipped with a method of transporting water in the pool for the purpose of propelling riders at speed dictated by velocity of the moving stream. (157) Wading pool - A Class D pool that has a maximum depth of 2 feet at any point. (158) Walls - The interior pool or spa wall surfaces consisting of surfaces from plumb to a slope of 11 degrees from plumb. (159) Waste water disposal system - A plumbing system used to dispose of backwash or other water from a pool or spa or from dressing rooms and other facilities associated with a pool or spa. (160) Water action pools - A pool designed to simulate breaking or cyclic waves for the purpose of general play or surfing. (161) Water lounge - A horizontal area of a pool that adjoins the pool wall at a depth of from 2 inches to 10 inches, is used for seating and play. (162) Weir - Part of a skimmer that adjusts automatically to small changes in water level to assure a continuous flow of water to the skimmer. (163) YMCA - Y.M.C.A. of U.S.A. (Y.M.C.A.), 101 North Wacker, Chicago, Illinois 60606, telephone (800) 872-9622. (164) Zero depth entry pool - A pool in which the pool floor intersects the water surface along at least one side of the pool. Section 265.183. Plans, Permits and Instructions for Post-10/01/99 Pools and Spas. (a) Plans and permits for post-]0101199 pools and spas. The department may review plans for post- 10/01/99 pools or spas in order to ensure compliance regarding enforcement issues. If the department intends to review plans it will notify the owner/operator in writing. The department recommends that a registered professional engineer or registered architect be consulted to ensure that the pool or spa is designed and built in compliance with these rules and applicable federal, state, and/or local regulatory requirements. Regardless of whether a regulatory authority requires plans or permits, pools and spas shall be designed, constructed, and operated in compliance with these standards. (b) Instructions for post-10/01/99 pools and spas. Upon completion of construction of a post- 10/01/99 pool or spa, the owner shall obtain from the pool or spa builder complete written operational instructions for the pool or spa. Written instructions shall include items such as procedures for filtration, backwash, cleaning, and operation of all chemical feed devices and general maintenance of pool or spa. In addition, the following are required: (1) labeling of valves; Page 18 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.183(b)(2) (2) labeling of exposed piping; (3) clean filter pressures, normal operating pressures, and pressure differentials that indicate the need for filter cleaning. Section 265.184. General Construction and Design for Post-10/01/99 Pools and Spas. (a) Structural design and materials for post-10/01/99 pools and spas. Construction design and materials used in construction of post-10/01/99 pools and spas shall comply with the requirements of this section, as well as other requirements expressly stated in these rules. (b) Non -toxic and sound materials for post-10/01/99 pools and spas. Post- 10/0 1/99 pools and spas and all appurtenances shall be constructed of materials that are considered to be nontoxic to humans and the environment, are impervious and enduring, and will withstand design stresses; and will provide a water -tight structure with a smooth and easily cleanable surface without cracks or joints, excluding structural joints. (c) Accepted practice for post-] 0/0 1199 pools and spas. The structural design and materials used for post-10/01/99 pools or spas shall be in accordance with generally accepted industry engineering practices and methods prevailing at the time of original construction. (d) NSFI Standard 50 for post-10/01/99 pools and spas. Where equipment for a post- 10/0 1 /99 pool or spa such as pumps, filters, skimmers, chemical feeders, and other equipment, falls within the scope of ANSI and NSFI Standard 50 - 1996 (ANSI/NSFI 50 - 1996), such equipment shall meet the standard as confirmed by a testing laboratory, except as otherwise noted in §265.190(h) of this title (relating to Suction Outlets and Return Inlets at Post- 10/0 1 /99 and Pre-10/01/99 Pools and Spas). Conformity with standards noted above shall be evidenced by the listing or labeling of such equipment by such a laboratory or by separate documentation. (e) Prohibition of earth material for post-10101199 pools and spas. Earth shall not be permitted as an interior finish in a post-10/01/99 pool or spa. Clean sand or similar material, if used in a beach pool environment shall only be used over an impervious surface and designed to perform in such an environment, and controlled so as not to adversely affect the proper filtration, treatment system, maintenance, safety, sanitation and operation of the overall pool or spa. If sand or similar material is used, positive upflow circulation through the sand shall be provided as necessary to assure that sanitary conditions are maintained at all times. (f) Interior color for post-10/01/99 pools and spas. The colors, patterns, or finishes of a post- 10/01/99 pool or spa interior shall not obscure the existence or presence of objects or surfaces within the pool or spa. All post- 10/0 1 /99 pool and spa interior surfaces shall be a light enough color so that an 8-inch black disk on the pool or spa floor at the deepest point of the pool or spa can be clearly and immediately seen by an observer standing on the pool or spa deck at a point closest to the disk. (g) Materials to withstand freezing temperatures for post-10/01/99 pools and spas. In climates subject to freezing temperatures, a post-10/01/99 pool or spa shell and appurtenances, piping, filter system, pump and motor, and other components shall be designed and constructed to facilitate protection from damage due to freezing. (h) Hydrostatic relief for post-10/01/99 pools and spas. A hydrostatic relief valve, plug, or a more extensive hydrostatic system shall be installed if necessary to prevent ground water pressure from displacing or otherwise damaging a post- 10/0 1/99 pool or spa. (i) Interior surface footing for post-]0101199 pools and spas. The surfaces within a post- 10/0 1/99 pool or spa intended to provide footing for users shall have a slip -resistant surface to help reduce the chance for a fall. The roughness or irregularity of such surfaces shall not cause injury to feet during normal use. 0) General shape for post-10/01/99 pools and spas. This standard is not intended to regulate the perimeter shape of post-10/01/99 pools or spas. It is the designer's responsibility to take into account the effect a Page 19 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.184(k) given shape will have on the health and safety of the occupants. (k) Dimensional variation for post-10101199 pools and spas. Dimensions for post-10/01/99 pools and spas may vary in limited areas where access for persons with disabilities has been provided, as long as general safety of all users is maintained. The design shall take into account requirements of the "Americans with Disabilities Act of 1990", 42 U.S.C. §§12101-12213, Disability Act and any other applicable local, state and federal laws relating to such access. (1) Entanglement or entrapment avoidance for post-10/01/99 pools and spas. There shall be no protrusions, extensions, means of entanglement, or other obstructions in a post-10/01/99 pool or spa that are likely to cause the entrapment or injury of the user. For specific information regarding entrapment issues, see the CPSC "Handbook for Public Playground Safety, Publication," No. 325-1997, or the ASTM "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use," No. F1487-1995. (m) Construction tolerances for post-10101199 pools and spas. For post- 10/0 1 /99 pools and spas, construction tolerances allowed on all dimensional designs for overall length, width, and depth in the deep end may vary plus or minus 3 inches. All other dimensions may vary plus or minus 2 inches, unless otherwise specified (such as in a Class A pool.) The design water level shall have a maximum construction tolerance at the time of completion of the work of plus or minus 1/4 inch for post- 10/0 1/99 pools or spas with adjustable weir surface skimming systems, and of plus or minus 1/8 inch for post-10/01/99 pools or spas with non-adjustable surface skimming systems. Step treads and risers may vary plus or minus 1/2 inch. (n) Maximum user loading for post-]0101199 pools and spas. The maximum number of users to be allowed in a post-10/01/99 pool or spa at one time will depend on a number of factors, such as the type of pool or spa; indoor or outdoor location, surface area, operating characteristics of the water; purification system, quality and clarity of the pool or spa water, etc., the most significant factors are the surface area of the water in the pool or spa and the sanitary and physical condition of the pool or spa water. Based on these factors, pool or spa owners of a post-10/01/99 pool or spa shall reduce the user load if pre-10/01/99 conditions indicate the need. The maximum user load in a post-10/01/99 pool or spa shall be based on the following: table: (1) In post-10/01/99 pools, maximum load limit shall be in accordance with the following Figure: 25 TAC, §265.184(n)(1). [Seepage 681 (2) In post-10/01/99 spas, the maximum user load shall not exceed 1 person per 10 square feet of water surface area. (o) Interior walls for post-]0101199 pools and spas. Post- 10/0 1/99 Class B and C pools and spas shall have walls not greater than 11 degrees from plumb. Maximum allowable wall slope: Figure: 25 TAC, §265.184(o). [Seepage 69.] (p) Walls joining floors for post-]0101199 pools. Walls for post-10/01/99 Class B and C pools shall be joined to the floor with a radius tangent to the wall at a depth not less than 4 feet 6 inches in water depths 8 feet and greater and not less than 2 feet 6 inches in water depths of 3 feet. The tangent radius point at the wall shall progressively move between these points as the water depth progressively changes. Wall to floor radiuses shall not encroach on the minimum specified floor width, prescribed in §265.186(c)(7) of this title (relating to Decks, Entry/Exit, Diving Facilities and Other Deck Equipment at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Class A pools, where racing lanes terminate, shall have walls that are not greater than 1 degree from vertical. (q) Floor slopes for post-10/01/99 pools. Floor slopes for post- 10/0 1 /99 pools shall, as a minimum meet the following requirements: (1) All slopes shall drain and be uniform within the different activity areas of the pool. Page 20 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265184(r)(2) (2) The slope of the floor from the shallow end wall toward the deep end shall not exceed 1 foot in 10 feet to the point of the first slope change. (3) The point of the first slope change shall be defined as the point at which the floor slope exceeds 1 foot in 10. (4) The slope of the floor from the point of the first slope change to the deep end shall not exceed 1 foot in 3 feet. (5) The slope of the floor may vary in limited areas where access for persons with disabilities has been provided. (r) Visual separation for post-10/01/99 pools. Any area of a post-10/01/99 pool that is less than 3 feet in depth shall be visually set apart from deeper areas of the pool by a minimum 4-inch wide tile band, painted line, or similar means of contrasting color across the floor at this point, see also §265.199(b)(1), (2), and (3) of this title (relating to Specific Safety Features for Post- 10/0 1 /99 and Pre- 10/01/99 Pools and Spas). (s) Zero depth entry design for post-]0101199 pools. Zero depth entry designs for post- 10/0 1/99 pools shall be allowed where the bottom of the pool in the beginner's area is designed and constructed to meet the pool deck surface at a slope not to exceed 1 in 12 to a water depth of 1-1/2 feet. In such pools where the water depth is less than 1-1/2 feet, floor inlets shall be provided and spaced uniformly with at least 1 inlet per 200 square feet or portion thereof. (t) Offset ledges for post-10/01/99 pools. When provided in a post- 10/0 1/99 pool, offset ledges shall: (1) fall within 11 degrees from plumb starting at the junction of the pool wall and the design water level; of offset ledges: (2) have a slip -resistant surface; and (3) have a maximum width of 8 inches and shall be in accordance with the following drawing Figure: 25 TAC, §265.184(t)(3). [Seepage 70.1 (u) Underwater seat benches for post-]0101199 pools and spas. Underwater seat benches for post- 10/01/99 pools and spas shall: (1) have a maximum seating width of 18 inches projecting from the wall at a depth not to exceed 24 inches below the design water level; (2) be located fully outside of the required minimum diving water envelope if the pool is intended for use with diving equipment; (3) be visually set apart and be provided with a solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of the bench. The stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent; steps. (4) have a slip -resistant surface; and (5) not be used as the required entry/exit access unless they are in conjunction with pool (v) Water lounges in post-10/01/99 pools and spas. Water lounges in post- 10/0 1/99 pools and spas Page 21 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.185(c) must: (1) be a minimum of 20 inches wide and provide a minimum of 10 square feet of horizontal surface adjoining on the edge of the pool over a distance of not less than 3 feet; (2) be horizontal and at a depth of 2 inches to 10 inches below the water surface; (3) be visually set apart with a horizontal solid or broken stripe at least 1-inch wide on the top surface along the leading edge of horizontal surfaces of all edges not adjoining the pool wall. The stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent; (4) be located fully outside of the required minimum diving water envelope if the pool is intended for use with diving equipment; (5) have a slip -resistant surface; and (6) be located in water depths of 4 feet or less. (w) Special requirements for post-10/01/99 Class D wading pools. (1) Post-10/01/99 wading pools at a facility having Class A, B, or C pools shall be separate and physically set apart from beginner or shallow water areas by at least 15 feet of deck or a pool yard enclosure meeting the requirements of §265.200 of this title (relating to Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas). If a pool yard enclosure is provided, clear visibility through the barrier shall be maintained. (2) If a post-10/01/99 wading pool at a facility having a Class A, B, or C pool is within 35 feet of any deep -water area, a pool yard enclosure meeting the requirements of §265.200 of this title shall be provided to physically separate the wading pool from the deep -water area. Clear visibility through the barrier shall also be maintained. (3) The maximum water depth in a post-10/01/99 wading pool shall be no greater than 24 inches. At the perimeter of the pool the vertical distance from the deck or walk to the bottom of the pool or to perimeter seating bench underwater shall not be greater than 18 inches. The vertical distance from the bottom of the pool to the deck or walk may be reduced and brought to zero at the most shallow point. The slope of zero level deck entries shall not exceed 1 foot in 12 feet. (4) Floors of post-10/01/99 wading pools shall be uniform, sloped to drain with a maximum slope of 1 foot in 12 feet, and shall be slip -resistant. Section 265.185. General Construction and Design for Pre-10/01/99 Pools and Spas. (a) Structural design and materials for pre-10/01/99 pools and spas. Construction design and materials used in construction of pre-10/01/99 pools and spas shall comply with good public health engineering practices for construction of newly -built pools and spas prevailing at the time of original construction as required by Health and Safety Code, §341.064(g), and shall comply with these rules except as expressly provided otherwise. (b) Prohibition of earth material for pre-]0101199 pools and spas. Earth shall not be permitted as an interior finish in a pre-10/01/99 pool or spa. Clean sand or similar material, if used in a beach pool environment shall only be used over an impervious surface and designed to perform in such an environment, and controlled so as not to adversely affect the proper filtration, treatment system, maintenance, safety, sanitation and operation of the overall pool or spa. If sand or similar material is used, positive upflow circulation through the sand shall be provided as necessary to assure that sanitary conditions are maintained at all times. (c) Interior color for pre-10/01/99 pools and spas. The colors, patterns, or finishes of a pre - Page 22 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.185(c) 10/01/99 pool or spa interior shall not obscure the existence or presence of objects or surfaces within the pool or spa. Surfaces of a pre-10/01/99 pool and spa shall be a light enough color so that an 8-inch black disk on the pool or spa floor at the deepest point of the pool or spa can be clearly and immediately seen by an observer standing on the pool or spa deck at a point closest to the disk. (d) ANSI/NSFI Standard 50 for pre-10/01/99 pools and spas. When equipment is replaced on pre- 10/01/99 pools and spas, such equipment that falls within the scope of ANSI and NSFI Standard 50 - 1996 (ANSI/NSFI 50 - 1996), shall meet the standard as confirmed by a testing laboratory. Conformity with standards noted above shall be evidenced by the listing or labeling of such equipment by such a laboratory or by separate documentation. (e) Maximum user loading for pre-]0101199 pools and spas. The maximum number of users to be allowed in a pre-10/01/99 pool or spa at one time will depend on a number of factors, such as the type of pool or spa; indoor or outdoor location; surface area; operating characteristics of the water; purification system; quality and clarity of the pool or spa water, etc., the most significant factors being the surface area of the water in the pool or spa and the sanitary and physical condition of the pool or spa water. Based on these factors, pool or spa owners of a pre- 10/01/99 pool or spa shall reduce the user load if pre-10/01/99 conditions indicate the need. The maximum user load in a pre-10/01/99 pool or spa shall be based on the following: (1) In pre-10/01/99 pools, the maximum load limit shall be in accordance with the table in §265.184(n)(1) of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas). (2) In pre- 10/01/99 spas, the maximum user load shall not exceed 1 person per 10 square feet of water surface area. Section 265.186. Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment at Post-10/O1/99 and Pre- 10/01/99 Pools and Spas. (a) Decks for post-10/01/99 pools and spas. (1) Deck(s) for post-10/01/99 pools and spas shall be designed and installed in accordance with the engineering methods required by the department or the applicable local regulatory authority. This includes the design and quality of subbase, concrete mix, reinforcing, joints, etc. (2) If a concrete deck is installed, in the absence of specific local engineering practices, the work shall be performed in accordance with ACI Standard 302.1R-1998, "Guide for Concrete Floor and Slab Construction." (3) Decks, ramps, coping, steps, markings, brand insignias and similar surfaces shall be slip - resistant and easily cleanable. (4) Soils supporting decks shall have adequate load -bearing capacities. (5) The minimum continuous, unobstructed, usable deck width (which can include flush coping) shall conform with subparagraphs (A)-(G) of this paragraph, except that at a Class B, C, or D pool, as much as 35% of the deck in subparagraphs (A)-(E) of this paragraph may be replaced with other structures; however, in no case shall other structures restrict emergency access or create above deck structures that may be used as diving platforms or create other safety or sanitary hazards. (A) Class A pool deck widths shall meet standards of the appropriate sanctioning body that regulates the type of competitions to be held. (B) Class B pool deck widths shall be a minimum of 4 feet if the post- 10/0 1/99 pool was built before September 1, 2004. (C) Class B pool deck widths shall be a minimum of 6 feet if the post-10/01/99 pool Page 23 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(a)(5)(D) is built on or after September 1, 2004. (D) Class C pool deck widths shall be a minimum of 4 feet. (E) Class D pool deck widths shall be a minimum of 4 feet. (F) Decks shall be provided surrounding at least 50% or more of the spa. Spa deck widths shall be a minimum of 4 feet, and the decks shall be continuous and unobstructed. Coping that is flush where it meets the deck may be included in determining minimum deck width compliance. (G) A minimum of 4 feet of deck width shall be provided on the sides and rear of any diving equipment. A deck clearance of 3 feet shall be provided around all other deck equipment (6) The minimum slope of the deck(s) shall be 1/8 inch per foot for textured, hand -finished concrete decks and 1/4 inch per foot for exposed aggregate concrete decks including decks covered with an epoxy finish and other specialty surfaces installed according to the manufacturer's instructions and good sanitation practices. Wood decks or indoor/outdoor carpeting shall not be located within the distance specified in paragraph (5) of this subsection unless approved by local regulatory authority. (7) The maximum slope of all decks, other than wood decks, shall be one-half inch per foot, except for ramps. The maximum slope for wood decks shall be 1/8 inch per foot. Gaps shall be required between deck boards consistent with good engineering and safety practices with respect to the type of wood used. (8) The maximum gaps between pool or spa decks and/or walkways, including joint material, shall be 3/16 inch of horizontal clearance with a maximum difference in vertical elevation of 1/4 inch. (9) Joints where pool or spa coping meets concrete deck(s) shall be watertight. (10) Joints where pool or spa coping meets concrete deck shall be installed to protect the coping and its mortar bed from damage as a result of movement of adjoining deck(s). (11) Joints in deck(s) shall be provided to minimize the potential for cracks due to shrinkage or slight movement of the slab. (12) The areas where concrete deck(s) join other concrete work shall be protected by expansion joints to protect the pool and spa adequately from the pressures of relative movements. (13) The edge of deck(s) shall be rounded, tapered or otherwise shaped to eliminate sharp corners. (14) Deck(s) shall be sloped to effectively drain to perimeter areas or to deck drains. Drainage shall remove pool and spa splash water, deck cleaning water, and rainwater without leaving standing water deeper than 1/8 inch. Water from deck drainage shall not be mixed with pool or spa water. (15) Site drainage shall direct all perimeter deck drainage, general site and roof drainage away from the pool area. Yard drains shall be installed, as needed, to prevent the accumulation or puddling of site water in the general area of the deck(s) and related improvements. (16) Valves installed in or under any deck(s) shall be accessible through an access cover at least 10 inches in diameter and installed in a valve pit at least 10 inches in diameter to facilitate operation, service, and maintenance. Access covers shall be provided for valve pits for post- 10/0 1/99 pools and spas. (17) An adequate number of hose bibs and adequate hose shall be provided for washing down all areas of the deck. Cross -connection control device(s) as approved by the TCEQ or local regulatory authority shall be provided. When not in use, hoses shall be stored in such a manner to prevent a hazard from tripping. Page 24 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(b) (b) Decks for pre-10/01/99 pools and spas. (1) Decks for pre-10/01/99 pools and spas shall comply with the construction and design requirements in existence at the time the pool was originally built. (2) In decks of pre-10/01/99 pools and spas, access covers shall be provided for any valve pits in the decks. (3) In pre-10/01/99 pools and spas, the usable pool deck (which can include flush coping) must be continuous and unobstructed and shall conform to the applicable minimum width in subparagraphs (A)-(E) of this paragraph. However, at a Class B, C, or D pool, as much as 35% of the deck in subparagraphs (A)-(E) of this paragraph may be replaced with other structures. Other structures must not restrict emergency access or create above -deck structures that may be used as diving platforms or create other safety or sanitary hazards. (A) Class A pool deck widths shall meet standards of the appropriate sanctioning body that regulates the type of competitions to be held. (B) Class B pool deck widths shall be a minimum of 4 feet. (C) Class C pool deck widths shall be a minimum of 4 feet. (D) Class D pool deck widths shall be a minimum of 4 feet. (E) A minimum of 4 feet of deck width shall be provided on the sides and rear of any diving equipment. A deck clearance of 3 feet shall be provided around all other deck equipment. (c) Entries and exits for post-]0101199 pools. Post- 10/0 1/99 pools shall have a minimum of two entry/exits, e.g., one serving the shallow end and one serving the deep end. Entry/exits may consist of ladders, steps, recessed treads, zero depth entries or combinations thereof. Ladders, steps, and recessed treads shall conform to the following: (1) In post-10/01/99 pools, areas where the vertical distance from the bottom of the pool to the deck or walk is 18 inches or less at the pool wall may be considered as an entry/exit. (2) In post- 10/0 1/99 pools, if the deep portion of the pool is more than 30 feet wide, opposite sides of the deep portion must each have an entry/exit. (3) A means of entry/exit for the shallow end of a post-10/01/99 pool shall be located between the shallow end wall and the cross section at Point C, while a means of entry/exit for the deep end shall be between the deep end wall and the cross section at Point B, refer to pool dimensions at paragraph (e)(6) of this subsection, or if not a diving pool, they shall be so located as to reasonably serve the respective areas. (4) A means of entry/exit shall be provided at a minimum of every 75 linear feet of wall or fraction thereof, in a post-10/01/99 pool. (5) Steps, ladders, and recessed treads in a post-10/01/99 pool shall be located so as not to interfere with racing lanes if applicable. surfaces. (6) Steps, ladders, and recessed treads in a post-10/01/99 pool shall have slip -resistant (7) Steps in a post-10/01/99 pool shall comply with the following: (A) Steps shall have a minimum unobstructed horizontal depth (i.e., horizontal run) of 12 inches and a minimum width of 20 inches. (B) Risers for steps shall have a maximum uniform height of 10 inches, with the Page 25 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(c)(7)(C) bottom riser height allowed to taper to zero. (C) Underwater steps shall be provided with a horizontal solid or broken stripe at least 1-inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip -resistant surface. (D) The pool shall comply with applicable requirements for disability access for pools under federal, state, and local fair housing and handicap access laws. A handrail shall be provided in pools for which a lifeguard is required under these rules. When provided, handrails shall comply with the following requirements: 0 Handrails, if removable, shall be installed in such a way that they cannot be removed without the use of tools. (ii) The leading edge of handrails for steps shall be no more than plus or minus 8 inches horizontally from the vertical plane of the bottom riser or extend into the pool to a water depth of 36 inches as measured from the horizontal step surface to the design water level. (iii) The outside diameter of handrails shall range from 1.25 inches to 2 inches. (8) Pool ladder(s) with ladder treads in post-10/01/99 pools shall comply with the following: (A) The handrails and treads of the ladders shall be made entirely of corrosion - resistant materials. (B) Two handrails shall be provided for each ladder, one on each side of the ladder. (C) The clear horizontal distance between ladder handrails shall be a minimum of 17 inches and a maximum of 24 inches. (D) There shall be a uniform vertical distance between ladder treads of not less than 7 inches or more than 12 inches. (E) The vertical distance between the pool coping edge, deck, or step surface and the uppermost ladder tread shall be a maximum of 12 inches. (F) The ladder treads shall have a minimum horizontal depth of 1.5 inches. (G) Below the water level of the pool, the inside edge of the ladder hand rails shall not be further than 5 inches and the ladder treads shall not be further than 3.5 inches from the pool wall. See §265.184(1) of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas). following: materials. (9) Pool ladder(s) with recessed treads in walls of post-10/01/99 pools shall comply with the (A) The handrails of the ladders shall be made entirely of corrosion -resistant (B) Two handrails shall be provided for each ladder, one on each side of the ladder. (C) The clear horizontal distance between ladder handrails shall be a minimum of 17 inches and a maximum of 24 inches. (D) There shall be a uniform vertical distance between recessed treads of not less than 7-inches or more than 12 inches. Page 26 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(c)(9)(E) (E) The vertical distance between the pool coping edge, deck, or step surface and the uppermost recessed tread shall be a maximum of 12 inches. (F) The recessed treads shall have a minimum depth of 4.5 inches and a minimum width of 12 inches. (G) The recessed treads shall drain into the pool but not be sloped more than 1/2 inch per foot, to prevent the accumulation of dirt and debris. (10) Swimouts in the pool walls of post-10/01/99 pools shall comply with the following: (A) Swimouts shall be completely outside the perimeter shape of the pool. (B) When used as an entry/exit access, swimouts shall be provided with step(s) to meet the pool step requirements as stated in paragraph (7) of this subsection. (C) When steps are used in swimouts, they shall be visually set apart with a horizontal solid or broken stripe at least 1-inch wide on the top surface along the leading edge of horizontal surfaces of each step. The stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent. (D) Swimouts are allowed in the deep or shallow areas of the pool. (E) The horizontal surface shall be a maximum of 20 inches below the design water level unless steps are provided in the swimout. (F) Pools that do not utilize a perimeter overflow system shall providc a wall rcturn inlet or outlet in the swimout to maintain sufficient circulation. (d) Entries and exits for pre-10/01/99 pools. (1) Entries and exits in pre-10/01/99 pools shall comply with good public health engineering practices for construction of newly -built pools and spas prevailing at the time of original construction as required by Health and Safety Code, §341.064(g), and shall comply with these rules except as expressly provided otherwise. (2) Pre-10/01/99 pools shall have a minimum of two entry/exits, one serving the shallow end if the vertical distance from the bottom of the pool to the deck is over 2 feet and one serving the deep end. Two entry/exits, one on each side of the deep end, shall be installed in the deep end if the pool is over 30 feet wide. Entry/exits may consist of ladders, steps, recessed treads, zero depth entries or combinations thereof. (3) Pre-10/01/99 pools shall comply with applicable requirements for disability access for pools under federal, state, and local fair housing and handicap access laws. A handrail serving all treads of stepped entry shall be provided in pools for which a lifeguard is required under these rules. When provided, handrails shall be installed in such a way that they cannot be removed without the use of tools. (e) Diving facilities in post-10/01/99 pools. Except for diving facilities in pools covered by subsection (g) of this section, diving facilities in post-10/01/99 pools shall comply with the following: (1) Post-10/01/99 pools with diving facilities in excess of 3 meters in height or pools designed for platform diving, shall comply with the pool dimension design requirements of one of the organizations listed in subsection (g) of this section. (2) Post-10/01/99 Class B and C pools with diving areas shall conform to the minimum water depths, areas, slopes, and other dimensions shown in paragraph (6) of this subsection. Diving equipment on post- 10/01/99 Class B and C pools shall have a fixed fulcrum unless the design and construction of the pools meets Page 27 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(e)(3) Figure: 25 TAC §265.186(e)(6). [Seepage 71.] the standards for a Class A pool as stated in subsection (g) of this section. (3) At post-10/01/99 pools, there shall be a completely unobstructed clear vertical distance of 16 feet above any diving board measured from the center of the front end of the board. This area shall extend horizontally at least 12 feet behind, 12 feet to each side and 16 feet ahead of Point A, as described in paragraph (6) of this section. (4) The tip of the diving board at a post-10/01/99 pool shall be located at directly above Point A, as described in paragraph (6) of this section, which is the reference point of all other dimensions. If the board is given more over hang, other dimensions shall move further outward by the same amount respectively. (5) When other types of equipment or devices are provided for water entry at post-10/01/99 pools, installation of the equipment or devices shall be in accordance with the manufacturer's instructions regarding location, size, and depths of the required water envelope. At post-10/01/99 pools, a label shall be permanently affixed to the equipment or device and shall include the applicable items found in paragraph (9) of this subsection. (6) Minimum dimensions for diving areas of post-10/01/99 Class B and C pools are contained in the table: (7) At post- 10/0 1 /99 pools, supports, platforms, steps, and ladders for diving equipment shall be designed to carry the anticipated loads. Steps and ladders shall be of corrosion -resistant material, easily cleanable and with slip -resistant tread. (8) In post-10/01/99 pools, diving equipment shall be installed according to manufacturer's instructions supplied with each unit. (9) On post-10/01/99 pools, a label shall be permanently affixed to the diving equipment or diving board and shall include the following: (A) manufacturer's name and address; (B) board equipment length; (C) identification as to diving or jump board; (D) fixed fulcrum setting; (E) reference to the applicable article(s) in the American National Standards Institute/National Swimming Pool Institute 1 - 1991 (ANSI/NSPI 1 - 1991), "Standards for Public Swimming Pools"; (F) weight limitations as specified by the board manufacturer, if available; and (G) date of installation. (10) In post-10/01/99 pools, post-10/01/99 diving stands higher than 21 inches measured from the deck to the top butt end of the board shall have steps or a ladder and handrails. Step treads shall be self -draining. (11) On post-10/01/99 pools, platforms and diving equipment of 1/2 to 1 meter in height shall be protected with guardrail(s) that shall be at least 30 inches above the diving board and extend from the butt end of the equipment to the edge of the pool wall. All platforms or diving equipment higher than 1 meter shall Page 28 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(e)(12) have dual guardrails that are approximately 18 inches and 36 inches above the diving board. A means shall be provided on platforms or diving equipment higher than 1 meter to prevent slips or falls through the equipment onto the deck surface. (12) On post-10/01/99 pools, diving equipment shall have slip -resistant tread surfaces. (13) On post-10/01/99 pools, diving equipment shall be permanently anchored to the pool deck. (14) At post-10/01/99 pools, the top of the diving board from the deck end to the tip shall be level or have an upward slope of 5/8 inch per foot maximum, provided elevation difference shall not exceed 6 inches from the deck end to the tip of the board. (15) At post-10/01/99 pools, the maximum construction tolerances for the installation of diving equipment shall be plus or minus 2 inches to allow for construction variances only on Class B and C pools. (f) Diving facilities in pre-10/01/99 pools. Except for diving facilities in pools covered by subsection (g) of this section, diving facilities in pre- 10/01/99 pools shall comply with the following: (1) Diving areas for pre-10/01/99 Class A, B, and C pools shall conform to the minimum water depths, areas, slopes, and other dimensions in Figure: 25 TAC §265.186(e)(6). (2) In pre- 10/01/99 pools, new diving stands higher than 21 inches measured from the deck to the top butt end of the board shall have steps or a ladder and handrails. Step treads shall be self -draining. (3) When other types of equipment or devices are provided for water entry at pre-10/01/99 pools, installation of the equipment or devices shall be in accordance with the manufacturer's instructions regarding location, size, and depths of the required water envelope. (g) Platform or diving facilities in post-10/01/99 and pre-]0101199 pools. Post-10/01/99 Class A, B, and C pools containing platform or diving facilities shall be designed and constructed according to dimensions specified by either the Federation Internationale De Natation Amateur - 2002, the United States Swimming Association - 2002, the United States Diving Association - 2002, the National Federation of State High School Association - 2002, or the National Collegiate Athletic Association - 2003. Pre-10/01/99 Class A, B, and C pools containing platform or deck diving facilities shall conform to one of the above standards. (h) Starting blocks in post-10/01/99 and pre-10/01/99 pools. In post-10/01/99 and pre-10/01/99 pools: (1) Starting blocks shall be installed to meet the standards, depth specifications and other requirements of the national competitive pool organization having jurisdiction over the competition. (2) Starting blocks shall only be used during official competition or when there is direct supervision by the team coach or another qualified instructor. (3) Starting blocks shall be removed or secured to prevent inadvertent use when use of the starting blocks is not directly supervised. (i) Play equipment for post-]0101199 and pre-10/01/99 pools. Playground equipment that is installed on or after October 1, 1999 in a post- 10/0 1/99 and pre- 10/01/99 pool yard or spa yard and that is not covered by the Amusement Ride Safety Inspection and Insurance Act, Chapter 2151, Texas Occupations Code, shall be designed and installed according to the CPSC "Handbook for Public Playground Safety," No. 325-1997, or the ASTM "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use," No. F1487-1995. (See subsection (k) of this section.) 0) Slides for post-10/01/99 and pre-]0101199 pools. Slides at post-10/01/99 and pre-10/01/99 pools Page 29 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.186(k) that are of the slide configuration and type covered by the CPSC "Standard for Swimming Pool Slides" as published in the Code of Federal Regulations, 16 CFR, Part 1207, shall comply with those standards. (k) Exclusion of post-10101199 and pre-10/01/99 pools. This section is not intended to cover amusement rides as defined in the Occupations Code, §2151.002 (relating to the Amusement Ride Safety Inspection and Insurance Act) and 28 TAC §§5.9001-5.9014, Subchapter J, Rules to Implement the Amusement Ride Safety Inspection and Insurance Act (that regulates large slides and other such types of amusement devices used at post- 10/01/99 and pre- 10/01/99 pool facilities). Section 265.187. Circulation Systems for Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Suction outlet covers or grates for post-10/01/99 and pre-10/01/99 pools and spas. Suction outlet covers or grates must be provided for post-10/01/99 and pre-10/01/99 pools and spas in accordance with §265.190(c) of this title (relating to Suction Outlets and Return Inlets in Post-10/01/99 and Pre-10/01/99 Pools and Spas). If the owner or operator of a post-10/01/99 or pre-10/01/99 pool or spa knows or should have known in the exercise of ordinary care that a suction outlet cover or grate is missing, broken, or loose, the pool or spa must be closed immediately and the pump(s) must be shut off. The pool or spa must remain closed until a proper repair or replacement has been accomplished. (b) General circulation requirements for post-10/01/99 pools and spas. In post-10/01/99 pools and spas, a circulation system consisting of pumps, piping, return inlets and suction outlets, filters, and other necessary equipment shall provide complete and uniform circulation of water and be designed to accommodate 100% of the turnover flow rate and maintain the distribution of disinfectant residual through all parts of the pool or spa. (1) The system shall be designed to give the proper turnover rate based on the manufacturer's specified maximum pressure and flow through of the filter. (Also refer to §265.203(c) of this title (relating to Operation and Management of Post-10/01/99 and Pre-10/01/99 Pools and Spas.) The equipment shall be of adequate size to turn over the entire pool or spa water capacity as follows: (A) A turnover rate of 6 hours is required for post-10/01/99 pools with average depths of 4 feet or greater. (B) Turnover rates in pools with shallower average depths shall be calculated based upon the formula: average depth in feet times 1.5 shall be the required turnover rate; for example, a pool with an average depth of 3 feet will require a 4.5-hour turnover rate. (C) A spa recirculation system shall turn over the entire spa water capacity at a minimum of once every 30 minutes based on the manufacturer's recommended rate of the filter, with a clean filter. (D) The turnover rate for a wading pool shall be at least once per hour. (2) Circulation system components that require replacement or servicing shall be accessible for inspection, repair, or replacement, and shall be installed according to manufacturer's instructions. (3) Pool and spa equipment and related plumbing shall be supported to prevent damage from misalignment, settlement, or similar activities. The equipment shall be mounted to minimize the potential for the accumulation of debris and moisture, following manufacturer's instructions. (4) The water velocity in the pool and spa piping shall not exceed 10 feet per second for discharge piping (except for copper pipe where the velocity shall not exceed 8 feet per second), and 6 feet per second for suction piping, and 1.5 feet per second velocity through suction grates unless the suction outlet meets the requirements of ASME/ANSI Al 12.19.8M and is rated under such standard at a higher flow rate. Pool and spa piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head of the PUMP— (5) Circulation system piping, other than that integrally included in the manufacture of the Page 30 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.187(b)(5) the maximum design operating pressure of the system or 25 pounds per square inch, whichever is less. This test shall be performed before the deck is poured, and the pressure shall be maintained throughout the deck pour. (6) The circulation system piping and fittings shall be non -toxic, and shall be of material(s) able to withstand operating pressures and operating conditions. Polyvinyl chloride pipe shall bear the NSFI seal for potable water and be schedule 40 or stronger. (7) Pool or spa piping subject to damage by freezing shall have a uniform slope in one direction and equipped with valves for adequate drainage or shall be capable of evacuating water to prevent freezing and possible damage. Pool or spa piping shall be adequately supported and designed to prevent entrapment of air, water or dirt. Provision shall be made for expansion or contraction of pipes. (8) Equipment shall be designed and fabricated to drain the pool or spa water from the equipment, by removal of drain plugs and manipulating valves, or by other methods. (9) Post-10/01/99 pools and spas shall be equipped with the following: (A) a pump suction (vacuum) gauge installed as close to the suction side of the pump as possible without sacrificing accuracy; (B) a filter inlet pressure gauge installed in the area of greatest pressure; (C) a filter outlet gauge; and (D) a flow meter that is located to show the rate of flow through the filter in gallons per minute and that is represented by the manufacturer to be accurate within 10% of true flow and capable of measuring flow of at least 1.5 times the design flow rate of the circulation system. (c) General circulation requirements for pre-10101199 pools and spas. In pre- 10/01/99 pools and spas, a circulation system consisting of pumps, piping, return inlets, suction outlets, filters, and other necessary equipment shall provide complete and uniform circulation of water and be designed to maintain distribution of disinfectant through all parts of the pool or spa. (1) Equipment in pre- 10/01/99 pools shall be designed to provide a turnover rate of 8 hours or less, providing a minimum turnover of at least 3 times in 24 hours. Water quality as required in §265.203(b) of this title must be maintained at all times. (2) Equipment in pre-10/01/99 spas shall be designed to provide a turnover rate of 30 minutes or less. (3) Equipment in pre- 10/01/99 wading pools shall be designed to provide a turnover rate of 1 hour or less unless the wading pool flows by gravity to a pool, in which case the turnover requirements for the pool shall apply to the wading pool. (4) Piping in pre- 10/01/99 pools and spas shall be of non -toxic material, resistant to corrosion and able to withstand operating pressures. (5) In pre-10/01/99 pools, a vacuum cleaning system shall be provided. Any vacuum outlets in pre- 10/01/99 pools and spas must comply with §265.190(g) of this title. (6) Pumps on pre-10/01/99 pools and spas should be located so as to eliminate the need for priming whenever possible. If the pump or suction piping is located above the water level, the pump should be self - priming. Under normal conditions, the pump or pumps should supply the circulation flow rate at a dynamic head of at least 40 feet. (7) Pre- 10/01/99 pools and spas shall be equipped with the following: Page 31 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.187(c)(7)(A) (A) a pump suction (vacuum) gauge installed as close to the suction side of the pump as possible without sacrificing accuracy; (B) a filter inlet pressure gauge installed in the area of greatest pressure; (C) a filter outlet gauge; and (D) a flow meter that is located to show the rate of flow through the filter in gallons per minute and that is represented by the manufacturer to be accurate within 10% of true flow and capable of measuring flow of at least 1.5 times the design flow rate of the circulation system. (d) Labeling of exposed piping for post-]0101199 and pre-]0101199 pools and spas. Exposed piping in post-10/01/99 and pre-10/01/99 pools and spas shall be labeled to identify the piping function and direction of flow. The name of the liquid or gas and arrows indicating direction of flow, shall be permanently indicated on the pipe. Section 265.188. Filters at Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Filters for post-10/01/99 pools and spas. Filters for post-10/01/99 pools and spas shall meet ANSI/NSFI 50 - 1996. (b) Replaced filters for pre-]0/01199 pools and spas. When equipment is replaced on pre- 10/01/99 pools and spas, equipment falling within the scope of ANSI/NSFI 50 - 1996 shall meet that standard. (c) Filter design and operation forpost-10/01/99 pools and spas. Filters for post-10/01/99 pools and spas shall be designed so that after cleaning according to the manufacturer's instructions the system provides the water clarity noted in §265.203(b) of this title (relating to Operation and Management of Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (d) Filter accessibility for post-10/01/99 pools and spas. Filters for post- 10/0 1/99 pools and spas shall be installed so that filtration surfaces are accessible for inspection and service in accordance with manufacturer's instructions. (e) Filter and separation tank pressure release for post-10/01/99 pools and spas. Filters or separation tanks for post-10/01/99 pools or spas shall have both manual and automatic means of air release that provide a slow, safe release of pressure as a part of their design. (f) Filter and separation tank instructions for post-] 0/0 1199 pools and spas. Filters and separation tanks for post-10/01/99 pools and spas shall have operation and maintenance instructions permanently installed on the filter or separation tank and shall include a warning statement not to start up the system after maintenance without first opening the air release and properly reassembling the filter and separation tank. The statement shall be readily visible from the area of the air release and the start-up controls. (g) Observable waste discharge for post-10/01/99 pools and spas. Filters for post-10/01/99 pools and spas shall be provided with a readily observable free fall or sight glass installed on the waste discharge line in order that the filter washing progress may be observed. Sight glasses shall be readily removable for cleaning. (h) Backwashing for post-]0101199 and pre-]0101199 pools and spas. Filters for post-10/01/99 and pre- 10/01/99 pools and spas shall be backwashed and maintained according to manufacturer's instructions. Section 265.189. Pumps and Motors at Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Safe pump operation for post-]0101199 and pre-]0101199 pools and spas. A pump for a post- 10/01/99 or pre-10/01/99 pool or spa shall not be operated if the owner or operator of the pool or spa knows or should have known in the exercise of ordinary care the main drain grate, suction outlet, or any suction outlet cover Page 32 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.189(b) is missing, broken, or loose. If such a condition exists the pool or spa shall be closed immediately and remain closed until a proper repair or replacement has been accomplished. (b) Safe pump design and operation for post-]0101199 pools and spas. The design, construction and installation of the pump(s) and component parts for post-10/01/99 pools and spas shall provide safe operation in accordance with manufacturer's instructions. Pumps for post-10/01/99 pools and spas shall comply with UL and/or NEMA requirements. (c) Backflow prevention or cross -connection control devices for post-10/01/99 and pre-10/01/99 pools and spas. Any priming device for a post-10/01/99 or pre-10/01/99 pool or spa pump receiving piped water from a potable water supply shall be isolated from the potable supply by means of a cross -connection control device (backflow prevention device) approved by the TCEQ, the department, or state or local regulatory authority. (d) Pump and motor provided for circulation for post-10101199 and pre-10/01/99 pools and spas. A pump and motor shall be provided for circulation of water in post-10/01/99 and pre-10/01/99 pools and spas. Performance of all pumps for post-10/01/99 pools and spas shall meet the filter design range of flow required for filtering as stated in §265.187(b)(1) of this title (relating to Circulation Systems for Post-10/01/99 and Pre-10/01/99 Pools and Spas) and cleaning the filters (if applicable) against the total dynamic head developed by the complete system and to meet the clarity as required in §265.203(b) of this title (relating to Operation and Management of Post- 10/01/99 and Pre- 10/01/99 Pools and Spas). (e) Cleanable strainer for post-]0101199 pools and spas. Post- 10/0 1/99 pools and spas, except those with a vacuum filter, shall have a cleanable strainer or screen upstream of the circulation pump(s) to remove solids, such as debris, hair, and lint, and shall be readily accessible and cleaned routinely. (f) Pumps and motors accessible for post-10/01/99 pools and spas. Pumps and motors for post- 10/01/99 pools and spas shall be accessible for inspection and service in accordance with manufacturer's instructions. (g) Durable pump seal for post-]0101199 pools and spas. Components of mechanical pump seals for post-10/01/99 pools and spas shall be corrosion resisting and capable of operating under conditions normally encountered in pool or spa operation. (h) Pump valves for post-10101199 pools and spas. If the pump for a post- 10/0 1 /99 pool or spa is below the design water level, valves shall be installed on suction and discharge lines to enable maintenance and removal of the pump without draining the pool or spa. (i) Motors for post-]0101199 pools and spas. Motors for post- 10/0 1/99 pools and spas shall comply with the following: (1) Motors shall have as a minimum an open, drip -proof enclosure as defined by the National Electrical Manufacturers Association (NEMA) Standard NEMA, MG1-1993, and be constructed electrically and mechanically to perform satisfactorily and safely under the conditions of load and environment normally encountered in pool or spa installations. Motors shall comply with UL requirements. (2) Motors shall be capable of operating the pump under full load with a voltage variation of plus or minus 10% from the nameplate rating. (3) Motors shall have thermal or current overload protection, either built in or in the line starter, to provide locked rotor and running protection. Section 265.190. Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas. (a) Suction outlets for post-10/01/99 and pre-10/01/99 pools and spas. Any suction outlet system for a post-10/01/99 or pre-10/01/99 pool or spa circulation or filtration system, booster system, automatic cleaning system, solar system, water feature, etc., must be designed to protect against a suction entrapment, evisceration or Page 33 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.190(b) hair entrapment/entanglement hazard and must comply with this section. Drain covers and grates do not need to be flush with the floor. For the purpose of this section, skimmers are not considered to be suction outlets. (b) Closure of post-10/01/99 and pre-10/01/99 pools and spas if the suction outlet is defective. If the owner or operator of a post-10/01/99 or pre-10/01/99 pool or spa knows or should have known in the exercise of ordinary care that a cover or grate of a suction outlet (including a vacuum outlet) is missing, broken, or loose, the pool or spa must be closed immediately and the pump(s) must be shut off. The pool or spa must remain closed until a proper repair or replacement has been accomplished. The pool or spa shall not be opened unless all covers or grates are securely installed according to subsection (c)(5) and subsection (g) of this section. Suction outlets must have cover(s) complying with subsection (c)(1) of this section or grate(s) complying with (c)(2) of this section, as well as covers for vacuum outlets complying with subsection (g) of this section. (c) Approved suction outlet covers and grates in post-]0101199 and pre-]0101199 pools and spas. In post-10/01/99 and pre-10/01/99 pools and spas, a suction outlet must be provided with an approved cover or approved grate, as described below. (1) An approved cover is a suction outlet drain cover that: (A) is stamped showing that it has been certified by a nationally recognized testing laboratory as being in compliance with ASME/ANSI Al 12.19.8M; (B) is stamped showing the gallons per minute approved by the testing laboratory for the cover and the designation ASME/ANSI Al 12.19.8M; (C) does not have water flow through the cover that exceeds the maximum gallons per minute approved for the drain cover under ASME/ANSI Al 12.19.8M testing; and second; and (D) complies with paragraph (5) of this subsection. (2) An approved grate is a suction outlet grate that: (A) has a minimum diagonal measurement of 24 inches; (B) has a flow velocity through the open area that does not exceed 1.5 feet per (C) complies with paragraph (5) of this subsection. (3) In a post-10/01/99 pool that has hydraulically balanced main drains and meet all of the other requirements of this subsection, grates that are 12 inches by 12 inches or greater may be used if no approved cover is manufactured in that size, as long as the velocity through the open area of the grate does not exceed 1.5 feet per second. (4) If a pre-10/01/99 pool has a drain cover or grate with a minimum diagonal measurement less than 24 inches and no approved cover is manufactured and available, a cover or grate that is not approved may be used as long as the velocity through the open area of the cover or grate does not exceed 1.5 feet per second. (5) The installation of all approved covers or grates must be according to manufacturer's instructions. If the manufacturer specifies fasteners, they must be stainless steel or brass. (d) Suction outlets in post-10/01/99 pools and spas. All post-10/01/99 pools and spas built after September 1, 2004, must comply with the following: (1) In post-10/01/99 pools and spas, at least two hydraulically balanced suction outlets (suction fittings) with approved covers or approved grates per pump suction line, must be provided for each suction line. Multiple sets of pump suctions are permitted in two or more suction outlets as long as they are hydraulically Page 34 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.190(d)(2) balanced and meet the requirements of subsection (c) of this section. The distance between the drain covers or grates of the suction outlet fittings must be no less than 3 feet and no more than 20 feet apart. Suction outlets that are main drains shall be located at the lowest point of the pool or spa floor. No means of isolating hydraulically balanced suction outlets is permitted that could allow one suction outlet to serve as the sole source of water to a pump. A single pipe to a pump suction inlet that serves two or more suction outlets may have a valve to shut off the flow to the pump. (2) In post-10/01/99 pools and spas, water velocity in pipes in a pump -suction hydraulic system must not exceed 6 feet per second when 100% of the pump flow comes from the main drain system and any suction fitting in the main drain system is completely blocked. When 100% of the pump flow comes from the main drain system and one fitting is completely blocked, water velocity and flow rate at the remaining suction fittings must comply with the following: (A) If the fitting is a grate with at least a 24-inch diagonal measurement, the velocity of the water at the grate shall not exceed 1.5 feet per second; and (B) If the fitting does not have at least a 24-inch diagonal measurement, it must have an approved cover and the flow rate shall not exceed the approved flow rate for that cover. (3) Post-10/01/99 spas and pools that are 4 feet deep or less measured from the normal water level to the suction outlet and that have covers or grates that measure less than 24 inches diagonally, must also have a Safety Vacuum Release System (SVRS). No SVRS shall be installed to create an additional hazard (such as chlorine gas release, electrical danger, etc.) in the event of the deployment of the device. An SVRS is either an AVS or an SVRD, as defined below. (A) An AVS is a system that provides indirect suction and a break to the atmosphere and that is limited to 5 feet of head. An AVS is described in the United States CPSC "Guideline for Addressing Potential Entrapment Hazards Associated with Pools and Spas," Publication No. 363-009801. The vent of an AVS must be at least 2 inches in diameter and if vented by pipe, it must have a vent cover that may be removed only with a tool. Vent systems, other than surge pits that do not have direct suction between the pool drain(s) and pump and that are installed after September 1, 2004, must be: (i) a complete assembly that is engineered and manufactured offsite; (ii) designed so that a 1/2-inch ball will not pass through any vent opening; and (iii) installed and maintained so that the vent function will not be impaired by accumulation of vegetation or soil or by improper installation or maintenance of the vent system. (B) An SVRD is a vacuum safety valve or pump shut-off device that has been specifically designed and manufactured to help prevent entrapment hazards, according to the manufacturer's description of the device, by either cutting off electricity to the pump or allowing air to enter the main drain line, or both after the main drain or other suction line becomes blocked. (e) Upgrading suction outlet systems on pre-10/01/99 pools and spas. No later than September 1, 2004, a pre-10/01/99 pool or spa shall have an approved cover or approved grate on each suction outlet, except that a vacuum outlet shall be permanently sealed or have a cover that closes automatically and can be opened only with a tool. If the manufacturer's installation instructions require the use of nuts or bolts they must be stainless steel or brass. A pre- 10/01/99 pool or spa is required to be upgraded to comply with all other provisions of either subsection (d) of this section or subsection (e)(1) or (e)(2) of this section, as applicable no later than January 1, 2005. (1) In a pre-10/01/99 pool or spa, suction outlets that are 4 feet deep or less, as measured from the normal water level to the suction outlet, must have for each suction system: Page 35 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.190(e)(1)(A) (A) dual hydraulically balanced suction outlets with approved covers as described in subsection (c)(1) or approved grates as described in subsection (c)(4) of this section with a distance between the suction outlet fittings no less than 3 feet and no more than 20 feet, and either an AVS or SVRD as described in subsection (d)(3) of this section; (B) a single suction outlet with an approved cover or a grate with a minimum diagonal measurement of 24 inches and a flow velocity of 1.5 fps as described in subsection (c)(1), (c)(2) or (c)(4) of this section, and either an AVS or an SVRD as described in subsection (d)(3) of this section; or (C) dual hydraulically -balanced, suction outlets with a distance between the suction outlet fittings no less than 3 feet and no more than 20 feet, each with a minimum diagonal measurement of 24 inches and a flow velocity through the open area of the grate that does not exceed 1.5 feet per second. (2) In a pre-10/01/99 shallow pool or spa with water 3 feet deep or less that has no main drains or other suction outlets and the water turnover rate and the water quality required by these rules is maintained by gravity drainage from the shallow pool or spa to another deeper pool or spa that has a main drain, the shallow pool or spa is not required to have a main drain, other suction outlet or an SVRS, provided the deeper pool complies with these rules. (3) In a pre-10/01/99 pool or spa, suction outlets that are more than 4 feet deep, as measured from the normal water level to the suction outlets, must have, for each suction system: (A) two or more hydraulically -balanced suction outlets with a distance between the suction outlet fittings no less than 3 feet and no more than 20 feet, and with approved covers or grates as described in subsection (c)(1), (c)(2) or (c)(4) of this section; or (B) a single suction outlet with an approved cover or approved grate as described in subsection (c)(1), (c)(2) or (c)(4) of this section, and either an AVS or an SVRD as described in subsection (d)(3) of this section. (f) Stainless steel or brass fasteners for drain covers and grates in post-10/01/99 and pre-10/01/99 pools and spas. On a post- 10/0 1/99 or pre- 10/01/99 pool or spa, all suction outlet covers or grates must be designed to be opened only with the use of a tool. If the manufacturer of the cover or grate specifies that it should be installed with fasteners (e.g. screws or bolts), the fasteners must be stainless steel or brass. (g) Vacuum outlets in post-10/01/99 and pre-10101199 pools and spas. If a post-10/01/99 or pre- 10/01/99 pool or spa has a vacuum outlet, the outlet must be provided with a cover that automatically closes and automatically latches and that is designed to be opened only with the use of a tool. The cover must be installed according to manufacturer instructions and subsection (f) of this section. The cover must be securely closed and latched when the pool or spa is open for use. When a vacuum outlet is internally located in a skimmer that has a cover, a separate cover for the vacuum outlet is not required. If a vacuum outlet is provided in a post-10/01/99 pool or spa, it must be located in an accessible position at least 12 inches and no greater than 18 inches below the design water level or as an attachment to a skimmer. If a vacuum outlet is provided in a post-10/01/99 or pre-10/01/99 pool or spa, it must be permanently sealed in lieu of having a cover. (h) Skimmer equalizer lines in post-]0101199 and pre-10101199 pools and spas. If skimmer equalizer lines are installed in post-10/01/99 pools or spas they must be installed with an approved equalizer wall or drain cover as described in subsection (c) of this section. Skimmer equalizer lines in pre-10/01/99 pools and spas shall either be permanently sealed or fitted with an approved equalizer wall or drain cover as described in subsection (c) of this section. (i) Automatic cleaners not operated while a post-10/01/99 or pre-10101199 pool or spa is in use. In a post-10/01/99 or pre-10/01/99 pool or spa, an automatic bottom or side cleaner that could provide a means of entanglement or entrapment must not be in the pool or operated while the facility is open for use. 0) Check valves in post-]0101199 and pre-10101199 pools and spas. Check valves shall not be used Page 36 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.191 in a post-10/01/99 or pre-10/01/99 pool or spa except as provided in this subsection. Check valves may be used only when there is no other manual or practical way of preventing drainage from elevated pools or sections of pools. When check valves are used, they shall not be on the suction side of the pump, on any system that has single source suction (excluding skimmers), or where the manufacturer of an SVRS that is used on the system does not allow check valves. (k) Velocity in suction piping in pre-10101199 pools and spas. In pre-10/01/99 pools and spas where the suction piping is not accessible, water velocities in the piping may exceed 6 feet per second if: (1) the water velocity through a grate on any suction outlet does not exceed 1.5 feet per second; and (2) the gallons per minute rating of an ANSI/ASME-approved cover on any suction outlet is not exceeded by the gpm flow of the pool as measured by the flow meter. (1) Replacement cover on hand for post-10/01/99 and pre-10/01/99 pools and spas. For post- 10/01/99 and pre- 10/01/99 pools and spas, a replacement cover with stainless steel or brass fasteners (if fasteners are specified by the manufacturer) must be kept on site. This subsection does not apply to grates that are 24 inches or larger, measured diagonally. (m) Clearance beneath a main drain cover or grate for post-10/01/99 pools and spas. Post- 10/0 1/99 pools and spas must have a sump below the open area of a drain cover or grate that meets the following: (1) Clearance between the cover or grate and the closest part of the suction pipe must be at least one and one half times the diameter of the suction pipe or 8 inches, whichever is less; and the sump must be below all of the open area of a drain cover or grate; or (2) Cover assemblies that do not connect directly to the circulation piping must have either the manufacturer's recommended sump below the outlet cover, or a field built sump of the design specified by the manufacturer. Post-10/01/99 pools and spas constructed prior to the effective date of these rules may comply with clearance standards in subsection (n) of this section in lieu of this subsection. (n) Clearance beneath amain drain cover or grate for pre-10/01/99 pools and spas. Pre-10/01/99 pools and spas must have clearance below the open area of a drain cover or grate that meets the following: (1) Clearance between the cover or grate and the closest part of the suction pipe must be equivalent to at least the diameter of the suction pipe serving the suction outlet or 8 inches, whichever is less; or (2) Cover assemblies that do not connect directly to the circulation piping must have either the manufacturer's recommended sump below the outlet cover, or a field built sump of the design specified by the manufacturer. (o) Return inlets in post-10/01/99 pools and spas. Return inlets from the circulation system in post- 10/01/99 and pre-10/01/99 pools and spas must be designed to not constitute a hazard to the user. Return inlets in post- 10/0 1/99 pools and spas must comply with the following: (1) A post-10/01/99 pool must have one return inlet for each 300 square feet of surface area or portion thereof with a minimum of two return inlets per pool. A spa must have one return inlet for each 150 square feet of surface area or portion thereof with a minimum of two return inlets per spa; and (2) Return inlets in a post-10/01/99 pool or spas must not project more than 1 inch beyond the pool or spa wall surface and must be submerged at least 12 inches below the design water level. Return inlets in the pool or spa bottom must be flush with the floor. Bottom inlets will be considered to have an area of influence within a radius of 15 feet. Page 37 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.191 Section 265.191. Surface Skimming and Perimeter Overflow (Gutter) Systems for Post-10/O1/99 Pools and Spas. (a) Surface skimming or perimeter overflow system required for post-10/01/99 pools and spas. A surface skimming system or perimeter overflow (gutter) system shall be designed and constructed to skim the surface of a post-10/01/99 pool or spa when the water level is maintained within the operating water level range of the system's rim or weir device. (b) Safe design of surface skimming or perimeter overflow system for post-]0101199 pools and spas. Surface skimmers and perimeter overflow systems in post- 10/0 1/99 pools and spas shall be designed and installed to prevent body or limb entrapment. See §265.184(d) of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas) regarding equipment meeting any applicable NSFI Standard 50 standards. (c) Specific requirements for surface skimmer systems for post-10/01/99 pools and spas. Surface skimmer systems for post- 10/0 1/99 pools and spas shall comply with the following: (1) The return inlet(s) shall be located so as to help bring floating particles within range of the skimmers. (2) If surface skimmers are used, they shall be located to maintain effective skimming action throughout the pool or spa. (3) If surface skimmers are used in a pool as the sole overflow system, at least one surface skimmer shall be provided for each 500 square feet or fraction thereof of the water surface area (recessed areas such as steps, and swimouts shall not be considered in the calculation). (4) If surface skimmers are used on a spa, one surface skimmer shall be provided for each 150 square feet of the water surface area, or fraction thereof. (5) The circulation system shall be designed to handle 100% of water flow through surface skimmers. (6) Flow rate shall be no less than 3 gallons per minute per skimmer per weir inch. (7) Skimmer covers located on a walking surface shall be securely seated, slip -resistant, of sufficient strength to withstand normal deck use, and not constitute a tripping hazard. (d) Specific requirements for perimeter overflow (gutter) systems for post-] 0/0 1199 pools and spas. Perimeter overflow (gutter) surface skimming systems for post-10/01/99 pools and spas shall comply with the following: (1) If a perimeter overflow (gutter) surface -skimming system is used as the sole surface skimmer system, the system shall extend around a minimum of 50% of the perimeter of the pool or spa. (2) If a perimeter overflow (gutter) surface skimming system is used, it shall be connected to the circulation system with a system surge capacity not less than 1 gallon for each square foot of pool surface; gutter as well as gutter piping capacity may be counted as surge capacity. (3) If a perimeter overflow (gutter) surface skimming system is used in a spa, it shall be connected to the circulation system with a system surge capacity not less than 2 gallons for each square foot of spa surface. (4) The hydraulic capacity of a perimeter overflow (gutter) surface skimming system shall be capable of handling 100% of the circulation flow. Page 38 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.191(d)(5) (5) The operating water level for a perimeter overflow (gutter) surface skimming system shall be slightly over the overflow (gutter) lip or, in the case of surface skimmers, within the vertical operating range of the skimmers. Section 265.192. Electrical Requirements for Post-10/01/99 and Pre-10/01/99 Pools, Spas, Pool Yards, and Spa Yards. (a) National Electrical Code (NEC) for post-10101199 pools and spas. Electrical equipment and lines at post- 10/0 1/99 pools and spas and at restrooms, equipment rooms and other facilities serving post- 10/0 1/99 pools or spas shall: (1) comply with the 1996 NEC if the pool or spa was constructed between October 1, 1999 and September 1, 2004; (2) comply with applicable provisions of this section, applicable local electrical codes, and the 2002 NEC if the pool or spa was constructed on or after September 1, 2004; or (3) comply with the local electrical code to the extent the local electrical code is more restrictive than the NEC. (b) National Electrical Code (NEC) for pre-]0101199 pools and spas. Electrical equipment and lines at pre-10/01/99 pools and spas and at restrooms, equipment rooms and other facilities serving pre-10/01/99 pools and spas shall comply with applicable provisions of this section, local electrical codes, and the NEC in effect on the original construction date of the pool or spa. If a pool or spa was built before June 13, 1965, the pool shall comply with good public health engineering and safety practices in effect at the time, applicable local electrical codes, and subsections (d), (e), (f), (g), (h), 0), (k), (1), and (m) of this section to the extent they are applicable to pre-10/01/99 pools. (c) National testing for electrical equipment for post-10/01/99 pools and spas. Electrical equipment for post-10/01/99 pools and spas shall be approved by a nationally recognized electrical testing laboratory, such as UL, at the time of installation, evidenced by the listing or labeling on the equipment. Junction boxes shall comply with applicable provisions of UL-1241 regarding Junction Boxes for Swimming Pool Fixtures at the time of installation. Pumps, filters, and chlorinators shall comply with UL-1081, "Swimming Pool Pumps, Filters and Chlorinators," at the time of installation. (d) Manufacturer's instructions for proper installation in post-10/01/99 and pre-10/01/99 pools and spas. Electrical equipment and related electrical components for post-10/01/99 and pre-10/01/99 pools and spas shall comply with the manufacturer's installation instructions for such equipment and components. (e) Ground fault circuit interrupters in post-10/01/99 and pre-10/01/99 pools and spas. Each electrical outlet in the pool yard or spa yard of a post-10/01/99 or pre-10/01/99 pool or spa and in a dressing or sanitary facility serving a post-10/01/99 or pre-10/01/99 pool or spa shall be protected with a ground fault circuit interrupter (commonly referred to as a "GFI" or "GFCI"). Each electrical line to an underwater light in a post- 10/01/99 or pre-10/01/99 pool and spa shall be protected with a ground fault circuit interrupter that is located in the circuit breaker for the light at the breaker box or in an outlet through which the power for the light passes. (f) Location of ground fault circuit interrupters. If a switch that serves lights or equipment (other than pumps and underwater lights) in a post- 10/0 1/99 or pre- 10/01/99 pool or spa is between 5 and 10 feet from the wall of the pool or wall of the spa, each electrical line to such switch shall be grounded and shall have a ground fault circuit interrupter located: (1) in the circuit breaker for the light; (2) in the equipment circuit that powers the switch at the breaker box; or (3) in an outlet through which the power for the switch passes. Page 39 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.1926)(5)(B) (g) NEC compliance with ground fault interrupters. All ground fault circuit interrupters and circuit breakers shall comply with 2002 NEC requirements. Other electrical equipment, including pumps, must be grounded in accordance with subsection (h) of this section. (h) Bonding and grounding in post-]0101199 and pre-]0101199 pools and spas. To reduce electrical shock, electrical equipment serving a post-10/01/99 or pre-10/01/99 pool or spa shall be grounded according to ANSI/UL 1563 - 1995, "Standard for Electric Hot Tubs, Spas and Associated Equipment", and the 2002 NEC. All post-10/01/99 pools shall comply with applicable bonding and grounding requirements of the 2002 NEC. All post- 10/01/99 spas and hot tubs shall comply with bonding and grounding requirements of ANSI/UL 1563 - 1995 "Standard for Electric Hot Tubs, Spas and Associated Equipment." Pumps in post-10/01/99 and pre-10/01/99 pools and spas shall be both internally and externally grounded. If a pool or spa was built between October 1, 1999 and September 1, 2004, and if the 2002 NEC requirements referred to in this subsection are more restrictive than the 1996 NEC, the 1996 NEC requirements shall apply. (i) [Plastic -coated or epoxy -coated rebar.] Plastic -coated or epoxy -coated rebar in pools or spas constructed on or after September 1, 2004, shall not be used. 0) Electrical line clearances for post-]0101199 and pre-]0101199 outdoor pools, spas, pool yards, and spa yards. For outdoor post- 10/0 1/99 and pre- 10/01/99 pools, spas, pool yards and spa yards, electrical line clearances shall comply with the following: (1) Overhead lines above outdoor post-10101199 pools and spas. Insulated overhead electrical lines above a post-10/01/99 pool or spa shall pass no closer than 22.5 feet to the water surface, deck, or permanently -anchored raft of the pool or spa as required in the 2002 NEC and shall pass no closer than 14.5 feet to the top of an observation stand, tower, diving platform, or diving board as required in the 2002 NEC. However, such lines may pass as low as 20 feet above the water surface, deck, or permanently anchored raft of the post-10/01/99 pool or spa if the pool or spa was built between October 1, 1999 and September 1, 2004. Non -insulated overhead electrical lines shall pass no closer to the pool or spa than the distances required in the 2002 NEC. A neutral wire for residential -type service is not considered a line for purposes of this subsection. (2) Overhead lines above outdoor post-1 "1199 pool yards and spa yards. Insulated overhead electrical lines shall pass no closer than 20 feet to other surfaces of a pool yard or spa yard of an outdoor post-10/01/99 pool or spa. Non -insulated overhead electrical lines above such other surfaces shall pass no closer than the distances required in the 2002 NEC. A neutral wire for residential -type service is not considered a line for purposes of this subsection. (3) Overhead lines above outdoor pre-10101199 pools and spas. Insulated overhead electrical lines above an outdoor pre- 10/01/99 pool or spa shall pass no closer than 20 feet to the deck, water surface, or permanently -anchored raft of the pool or spa and shall pass no closer than 14.5 feet to the top of an observation stand, tower, diving platform or diving board. Non -insulated overhead electrical lines shall pass no closer to the pool or spa than the distances required in the 2002 NEC, unless the NEC in effect at the time of original construction of the pool or spa expressly allowed for a closer distance. A neutral wire for residential -type service is not considered a line for purposes of this subsection. (4) Overhead lines above outdoor pre-10101199 pool yards and spa yards. Insulated overhead electrical lines shall pass no closer than 20 feet to other surfaces of an outdoor pool yard or spa yard of a pre-10/01/99 pool or spa. Non -insulated overhead electrical lines above such other surfaces shall pass no closer than the distances required in the 2002 NEC, unless the NEC in effect at the time of original construction of the pool or spa expressly allowed a closer distance. A neutral wire for residential -type service is not considered a line for purposes of this subsection. (5) Non -overhead lines. Non -overhead electrical lines that are inside a pool yard or spa yard or within 20 feet outside the perimeter of the pool yard or spa yard: (A) shall be at least 5 feet from the edge of the water in the pool or spa (except for Page 40 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.1926)(5)(B) lines serving underwater or overhead lighting); and (B) shall, to the point of connection with an overhead lines, be either underground, encased in concrete, or completely inside a wall, building or conduit. (k) Electrical disconnects for service personnel in post-10101199 and pre-10101199 pools and spas. Electrical disconnecting means for the protection of service personnel for post- 10/0 1/99 and pre- 10/01/99 pool and spa equipment shall be accessible for service personnel, located within sight from the pool or spa equipment, and located at least 5 feet from the inside walls of the pool or spa as required by the 2002 NEC, Chapter 6, §680.12 - Disconnecting Means. Each disconnecting means (i.e., turn-off switch) shall disconnect all ungrounded conductors (hot wires) to the equipment it serves. For example, a switch serving a 220-volt pump motor shall be able to turn off both hot wires at the same time. If electricity to equipment is supplied through a line that plugs into an outlet and if the line may be disconnected by removing the plug from the outlet, a separate disconnect switch is not required for that equipment. (1) Location of other electrical equipment for post-10/01/99 and pre-10/01/99 pools and spas. Electrical equipment, including switches, outlets, deck lights, pumps, and other electrical equipment at post-10/01/99 and pre-10/01/99 pools and spas, shall be located at least 10 feet from the inside wall of a post-10/01/99 or pre- 10/01/99 pool or spa unless: (1) the electrical equipment is at least 5 feet from the wall of the pool or spa and is separated from the pool or spa by a solid fence, wall or other permanent barrier at least 4 feet in height; or (2) the electrical equipment is at least 5 feet from the wall of the pool or spa and: (A) consists of only one outlet for an electrical line that is grounded, has a ground fault circuit interrupter, and has a locking mechanism covering the outlet; (B) consists of one or more switches serving electrical lines that are grounded and that have ground fault circuit interrupter protection that is located in the circuit breaker for the equipment at the breaker box or in an outlet through which the power for the equipment passes; or (C) consists of an electrical device other than an outlet or switch and complies with applicable NEC requirements at the time of installation. (m) Emergency shutoff switch for post-10101199 and pre-10101199 pools and spas. On post-10/01/99 and pre- 10/01/99 pools, a pump shutoff switch for use by pool users is not required. On post- 10/0 1/99 and pre- 10/01/99 spas, a pump shutoff switch for use by spa users is required and shall be: (1) clearly labeled as "Emergency Spa Shutoff'; (2) located within sight of the spa, or, there shall be a sign visible from the spa, in letters at least 1 inch tall, stating the location of the emergency shutoff switch; (3) readily accessible to spa users; (4) not behind a locked door or gate; and (5) located no closer than 5 feet from the spa unless the switch is a non -electrical air switch. (n) Electrical inspections during construction of post-10/01/99 pools and spas. The owner of a post- 10/01/99 pool or spa constructed after September 1, 2004, shall have an electrician licensed in this state conduct a minimum of two inspections during and after the construction of a pool or spa to ensure that all electrical facilities serving the pool or spa are constructed in compliance with this section. The first inspection shall be conducted to assure proper bonding of the pool or spa shell prior to the concrete pour and another Page 41 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.192(0) inspection shall be conducted after all electrical equipment is installed and operating and prior to opening the facility to users. The inspections shall be done by the licensed electrician who installs the bonding and grounding equipment or by a governmental inspector who is a licensed electrician. (o) Electrical safety of underwater lights in post-10101199 and pre-10/01/99 pools and spas. Underwater lights are not required in post-10/01/99 and pre-10/01/99 pools and spas. If the lights have no epoxy insulation, have cracked insulation, have spliced connection cords, or have been modified in violation of an applicable electrical code, they shall be replaced with lights complying with this section. Section 265.193. Heating of Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Certification of heaters or boilers for post-10/01/99 and pre-10/01/99 pools and spas. If required by TDLR, both post-10/01/99 and pre-10/01/99 pool and spa heaters or boilers shall have a current certificate of operations from the TDLR. In addition, all pool and spa heater installation and energy sources for post-10/01/99 pools and spas shall be designed, constructed and operated to comply with applicable local, state, or federal codes or standards as well as the manufacturer's instructions. (b) Heater installation and testing for post-]0101199 pools and spas. Heaters using fossil fuels, such as natural gas, liquid petroleum gas, No. 2 fuel oil, or electricity for heating water for post-10/01/99 pools and spas and shall comply with the following: (1) Heaters shall comply with: ANSI Z21.56 - 1994 "Standards for Gas -Fired Heaters" for gas -fired heaters, UL 1261-1992 for electrical heaters, or UL 559-1985 for heat pumps. They shall also comply with 30 TAC, TCEQ Chapter 117, Control of Air Pollution from Nitrogen Compounds, Subchapter D, Small Combustion Sources, at the time of construction of the pool or spa, including requirements related to ASME ratings and low NOx emissions. (2) Heaters shall be installed on a surface with sufficient structural strength to support the heater when it is full of water and operating. The heater shall be level and stationary after plumbing, gas and/or electrical connections are completed. (3) Heaters requiring a non-combustible surface per the manufacturer, shall be placed on a concrete or other accepted surface in accordance with ANSI Z21.56 - 1994, "Gas -Fired Heaters." (4) Heaters shall be installed and maintained with at least the minimum clearances to combustibles for which the heater has been tested as specified by the manufacturer. (5) Heaters shall have adequate ventilation in order to ensure proper operation. (6) Heaters shall be grounded and bonded to reduce electrical shock hazard. (7) Heaters shall be wired to ensure they will not turn on when the pump is off. (8) Water flow through heaters, bypass plumbing installed, cross -connection protection, and heat sinks shall be installed in accordance with manufacturer and TCEQ specifications or the department or other state or local regulatory authority. (c) Temperature and thermometer for post-10101199 and pre-10101199 spas. The following shall apply to post-10/01/99 and pre-10/01/99 spas: (1) The maximum temperature of the water shall not exceed 104 degrees Fahrenheit (40 degrees Centigrade). (2) A break -resistant thermometer (plus or minus 1 degree Fahrenheit tolerance) that is designed for use in spas shall be available for spa users and staff to monitor spa temperature. Page 42 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.193(c)(3) (3) The control for the temperature of the water in the spa shall not be accessible to the spa user. (d) Heating energy source for post-]0101199 pools and spas. The heating energy source for post- 10/01/99 pools and spas shall comply with the following: (1) Pool and spa heater energy sources shall be designed, constructed and operated to comply with applicable local, state, or federal codes or standards as well as the manufacturer's instructions. (2) The natural gas energy supply piping shall comply with manufacturer's instructions and ANSI Z223.1 - 1996, "National Fuel Gas Code." (3) Gas lines shall have a gas cock, properly sized and readily accessible outside the jacket, to stop the flow of natural gas for heater service or emergency shutdown. (4) Where liquid petroleum gas appliances are used, they shall be installed in accordance with ANSI/NFPA 58 - 1998, "Storage and Handling of Liquefied Petroleum Gases." (5) The storage tank, supply piping and regulator shall be adequately sized to ensure operating fuel pressures as specified by the appliance manufacturer. (6) Propane appliances located in a pit or enclosed area shall be installed in accordance with ANSI/NFPA 58 - 1998 standards. Section 265.194. Pool or Spa Water Supply for Post-10/O1/99 and Pre-10/01/99 Pools and Spas. (a) Initial fill water for post-10/01/99 and pre-10/01/99 pools and spas. The water supply used to fill a post- 10/0 1/99 or pre- 10/01/99 pool or spa shall be from a potable water system that: (i) meets applicable standards of 30 TAC, Chapter 290, "Public Drinking Water," Subchapter D, "Rules and Regulations for Public Water Systems'; (ii) meets the approval of the department or local regulatory authority; or (iii) is from a pre-10/01/99 pool's water that meets or exceeds all relevant conditions in this standard. (b) Make-up water source for post-] 0/0 1199 and pre-10/01/99 pools and spas. Ina post-10/01/99 or pre-10/01/99 pool or spa, water added to maintain the pool or spa water level, water used as vehicle for disinfectants or chemicals, and water used for pump priming shall be: (i) potable water from a water system meeting applicable standards of 30 TAC, Chapter 290, "Public Drinking Water," Subchapter D, "Rules and Regulations for Public Water Systems," or local regulatory authority; or (ii) water from the pool or spa itself. (c) No direct connection to wastewater system for post-10/01/99 and pre-10/01/99 pools and spas. In a post-10/01/99 or pre-10/01/99 pool or spa, no direct mechanical (hard) connection shall be made between the pool or spa, chlorinating equipment, or the system of piping for the pool or spa and between the sanitary sewer system, septic system, or other wastewater disposal system. (d) Fill spout for post-]0101199 pools and spas. An over -the -rim spout, if used in a post- 10/0 1/99 pool or spa, shall be located under a diving board, adjacent to a ladder, or otherwise properly shielded so as not to create a trip or other hazard. Its open end shall have a secured soft pliable end (for example, a short section of a rubber hose) to prevent injury to patrons and shall not protrude more than 2 inches beyond the edge of the pool or spa. The end of the soft pliable outlet shall be separated from the maximum possible pool or spa water level by an air gap at least two times the diameter of the pipe. Other methods for addition of water to the pool may be used as long as cross -connections control and other safety considerations are adequately addressed. (e) Fill spout for pre-10/01/99 pools and spas. An over -the -rim spout, if used in a pre- 10/01/99 pool or spa, shall have a secure soft pliable end (for example, a short section of rubber hose) to prevent injury to Page 43 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.195 patrons and shall not protrude more than 2 inches beyond the edge of the pool or spa. The end of the soft pliable outlet shall be separated from the maximum possible pool or spa water level by an air gap at least two times the diameter of the pipe. Section 265.195. Drinking Water at Post-10/O1/99 and Pre-10/01/99 Pools and Spas. (a) Potable water source for post-10/01/99 and pre-10/01/99 pools and spa facilities. The water supply serving a post-10/01/99 or pre-10/01/99 pool or spa facility, such as drinking water fountains, plumbing fixtures, lavatories and showers shall be a potable water system and shall meet applicable standards of 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems. (b) No cross -connections at post-]0101199 and pre-]0/01199 pools and spas. At a post-10/01/99 or pre-10/01/99 pool or spa, no direct mechanical connection shall be made between the potable water supply and the pool or spa, chlorinating equipment, or the system of piping for the pool or spa, unless it is protected against cross - connection in a manner in compliance with 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems, §290.44(h) of this title (relating to Water Distribution) concerning back siphonage or local regulatory authority. (c) Drinking water fountain for post-10/01/99 pools and spas. At least one drinking fountain shall be provided and available to users at a post-10/01/99 pool or spa. The drinking water may be tap water or chilled water. (d) Location of waterlines for post-]0101199 pools and spas. Location of water lines, in relation to wastewater lines, at a post-10/01/99 pool or spa facility shall be in compliance with 30 TAC, Chapter 290, Public Drinking Water, Subchapter D, Rules and Regulations for Public Water Systems, §290.44(e) of this title concerning location of waterlines or local regulatory authority. Section 265.196. Waste Water Disposal at Post-10/01/99 and Pre-10/01/99 Pools and Spas. (a) Filter backwash disposal for post-]0101199 and pre-]0/01199 pools and spas. Filter backwash water and pool or spa drainage water from post-10/01/99 and pre-10/01/99 pools and spas shall be discharged or disposed of in accordance with the requirements of TCEQ or local regulatory authority. (b) No direct connection between a wastewater system and a post-10/01/99 or pre-10/01/99 pool or spa. There shall be no direct physical connection between a wastewater disposal system and a drain or recirculation system of a post-10/01/99 or pre-10/01/99 pool or spa. Backwash water or pool and spa draining water, shall be discharged through an air gap formed by positioning the discharge pipe opening at least two pipe diameters above the overflow level of any confining barriers that could cause flooding and submergence of the discharge opening, in the event that the disposal system should fail or by other means in accordance with TCEQ or other local regulatory requirements. Splash screening barriers are permitted as long as they do not destroy air gap effectiveness. (c) Location of on -site sewage facility wastewater disposal lines for post-10101199 and pre-10/01/99 pools and spas. The location of on -site sewage facility wastewater disposal lines at a post- 10/0 1/99 or pre- 10/01/99 pool or spa shall be in compliance with 30 TAC, Chapter 285, On -site Sewage Facilities, Subchapter D, Planning, Construction and Installation Standards for OSSF's, §285.31 (relating to Selection Criteria for Treatment and Disposal Systems) or local regulatory requirements. (d) Location of other wastewater disposal facilities or lines for post-10/01/99 and pre-10/01/99 pools and spas. The location of other wastewater disposal facilities or lines at a post- 10/0 1/99 or pre- 10/01/99 pool or spa shall meet applicable standards of the 30 TAC, Chapter 307, Texas Surface Water Quality Standards, Chapter 308, Criteria and Standards for the National Pollutant Discharge Elimination System, Chapter 311, Watershed Protection, and Chapter 315, Pretreatment Regulations for Post-10/01/99 and Pre-10/01/99 Sources of Pollution or local regulatory authority if local regulations are more strict. Page 44 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.197 Section 265.197. Disinfectant Equipment and Chemical Feeders for Post-10/01/99 and Pre-10/01/99 Pools and Spas. (a) Disinfectant equipment and practices at post-10/01/99 and pre-10/01/99 pools and spas. Disinfectant equipment and practices at post-10/01/99 and pre-10/01/99 pools and spas shall comply with the following: (1) Disinfectant equipment, installation, and use shall comply with ANSI/NSFI 50 - 1996, "Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs". (2) Disinfectant feed systems shall have the capacity to maintain up to 5 parts per million chlorine or approved equivalent for outdoor pools and up to 3 parts per million chlorine or approved equivalent for indoor pools, under all conditions of intended use. The disinfectant feed system at a post- 10/0 1 /99 outdoor spa shall have the capacity to maintain up to 8 parts per million chlorine or approved equivalent and up to 5 parts per million chlorine or approved equivalent in a post- 10/0 1 /99 indoor spa. (3) Chlorine or bromine residual or other method of disinfectant approved by the department shall be maintained in the pool or spa water to meet the requirements of §265.204(a) of this title (relating to Water Quality at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Disinfection equipment shall be selected and installed so that continuous and effective disinfection can be achieved under all conditions. The use of elemental gas chlorine shall be in compliance with §265.198 of this title (relating to Gas Chlorination at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (4) The pool or spa water shall be continuously disinfected by a disinfecting agent whose residual can be easily measured by simple and accurate field tests. (5) Personnel responsible for the operation of the disinfection agent and other potentially hazardous chemicals shall be properly trained. Protective equipment and clothing, including rubber gloves and goggles, and any other protective gear and safety information shall be provided. (6) Disinfection agents or other chemicals and feed equipment shall be stored in such a manner that pool and spa users shall not have access to such facilities and/or chemicals. Dry chemicals shall be stored off the floor in a dry, above ground level room and protected against flooding or wetting from floors, walls, and ceiling. (7) All chemical bulk and day tanks shall be clearly labeled to indicate the tank's contents. (8) Solution containers shall be provided with a cover to prevent the entrance of dust, insects, and other contaminants. (9) Chlorine compounds shall not be stored in the same area as petroleum products as required in §§295.1-295.8 and §295.10 of this title (relating to Hazardous communications). (10) Chlorine, pH or other chemical control equipment that automatically adjusts chemical feed based on demand, shall be provided if needed in order to meet §265.204(a) of this title. (11) If ancillary non -chlorine or non -bromine disinfectants are used, they shall be used in addition to chlorine or bromine or other approved equivalent, see §265.204(a) of this title. (12) Disinfectant agents for pools and spa shall be registered for use by the United States Environmental Protection Agency. (13) Supplemental hand feeding of disinfectant or other chemicals directly into the pool or spa must not be done when the pool or spa is occupied by users. Page 45 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.197(a)(14) (14) Pool and spa skimmer baskets shall not be used as chemical feeders. (b) Chemical feeders at post-10/01/99 and pre-]0101199 pools and spas. Chemical feeders at post- 10/01/99 and pre- 10/01/99 pools and spas shall: (1) be installed, maintained and operated in accordance with the manufacturer's instructions; (2) be installed so that the gas or solution is introduced downstream from the filter and heater and, if possible, at a point lower than the heater outlet fitting or according to manufacturer's instructions; (3) incorporate failure -proof features so that the chemical cannot feed into the pool or spa, the pool or spa piping system, water supply system, or the pool and spa enclosure if equipment or power fails; and chemical feed pumps shall be wired so they cannot operate unless there is adequate return flow to properly disburse the chemical throughout the pool or spa as designed; (4) be regulated to ensure constant feed with varying supply or back pressure; (5) be designed to prevent siphoning from the recirculation system to the solution container and to prevent the siphoning of the chemical solution into the pool or spa; (6) have a graduated and clearly marked dosage adjustment to provide flows from full capacity to 10% of such capacity and be capable of continuous delivery within 10% of the dosage at any setting; (7) be provided with make-up water supply lines to chemical feeder solution containers that have an air gap or other acceptable cross -connection control; and (8) comply with ANSI/NSFI 50 - 1996, "Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs" except as otherwise noted in §265.190(h) of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Chemicals used in a disinfection system for a post- 10/0 1/99 or pre- 10/01/99 pool or spa should be those complying with the instructions of the system's manufacturer and shall not be of a type or used in a manner that would invalidate the ANSI/NSFI 50 - 1996 rating for the system equipment. Section 265.198. Gas Chlorination for Post-10/O1/99 and Pre-10/01/99 Pools and Spas. (a) No gas chlorination to be installed after September 1, 2004. Gas chlorination equipment shall not be installed on post- 10/0 1 /99 pools or spas constructed after September 1, 2004. (b) Gas chlorination in pools and spas constructed before September 1, 2004. Post- 10/0 1/99 pools and spas constructed before September 1, 2004, and pre- 10/01/99 pools and spas using gas chlorination shall comply with the following: (1) Trained personnel shall be provided to comply with §265.197(b)(3) of this title (relating to Disinfecting Equipment and Chemical Feeders for Post- 10/0 1/99 and Pre- 10/01/99 Pools ands Spas). (2) Two persons trained in the performance of routine chlorination operation and emergency procedures shall be readily available during normal operating hours. (3) Pool personnel shall be informed about leak control procedures. (4) Only trained designated personnel shall operate the chlorinator and change chlorine cylinders. (5) Chlorination equipment shall be located so that failure or malfunction will have minimum effect on evacuation of pool users in an emergency. Page 46 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.198(c) (c) Chlorinators on post-10/01/99 pools and spas constructed before September 1, 2004, and pre- 10/01/99 pools and spas. On post- 10/0 1 /99 pools and spas constructed before September 1, 2004, and pre- 10/01/99 pools and the spas the chlorinator's regulator shall attach to the gas cylinder so that the injector is located at the point of injection. The vacuum line taking suction at the regulator shall deliver gas to the vacuum injector. They shall be designed to prevent the suction of water into the chlorination system if the booster pump fails to operate. (d) Booster pumps on post-10/01/99 pools and spas constructed before September 1, 2004, and pre- 10/01/99 pools and spas. The booster pump water supply for the gas chlorinator injector on post- 10/0 1/99 pools and spas constructed before September 1, 2004, and pre-10/01/99 pools and spas shall be capable of producing the flow rate and pressure required by the manufacturer's instructions for proper operation of the equipment. (1) Elemental chlorine feeders (chlorinators) shall be activated by a booster pump using recirculated water supplied via the recirculation system. (2) The booster pump shall be interlocked to the filter pump to prevent feeding of chlorine when the recirculation pump is not running. (e) Housing of chlorinators, cylinders of chlorine and associated equipment at post-10/01/99 pools and spas constructed before September 1, 2004, and pre-10/01/99 pools and spas. The chlorinator, cylinders of chlorine, and associated equipment at post-10/01/99 pools and spas constructed before September 1, 2004, and pre- 10/01/99 pools and spas shall be housed in a separate corrosion -resistant reasonably gas -tight room with a floor area adequate to the purpose. The following shall apply to housing structures: (1) All enclosures shall be located at or above ground level. (2) The enclosure shall: (A) have ducts from the bottom of the enclosure to the atmosphere in an unrestricted area, and a motor -driven louvered exhaust fan capable of producing at least one air change per minute near the top of the enclosure for admitting fresh air; or (B) have negative pressure ventilation as long as the facility also has gas containment and treatment equipment and procedures as prescribed by the Uniform Fire Code (UFC). (3) A warning sign shall be posted on the exterior side of the doors that states in 4-inch letters, "DANGER CHLORINE." (4) The doors to the chlorine room shall open away from the pool and open outward and have panic hardware. (5) Electrical switches for the control of artificial lighting and ventilation shall be on the outside of the enclosure adjacent to the door. Adequate lighting shall be provided. before entering. (6) At least one door shall have a view port to permit the operators to look into the room (7) The door shall be kept locked when the chlorine room is not being serviced. (f) General gas chlorine safety features at post-10/01/99 pools and spas constructed before September 1, 2004 and pre-10/01/99 pools and spas. The following gas chlorination safety features shall be required at post- 10/0 1/99 pools and spas constructed before September 1, 2004 and pre- 10/01/99 pools and spas: Page 47 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.198(f)(1) (1) Two full -face self-contained breathing apparatus (SCBA) or supplied air respirators that meets Occupational Safety and Health Administration (OSHA) or Mine Safety Health Administration (MSHA) standards shall be provided for protection against chlorine in the event of a leak. This equipment shall have sufficient capacity for the purpose intended. All applicable local, state, or federal requirements concerning the proper handling of chlorine shall be followed. (2) Containers may be stored indoors or outdoors. Full and empty cylinders shall be segregated and appropriately tagged. Cylinders, empty or full, shall always be stored in an upright position and properly secured. Cylinders shall be chained to a wall or scale support. Storage conditions shall: (A) minimize external corrosion; (B) be clean and free of trash; (C) be away from elevator shafts or intake vents; and (D) be away from elevated temperatures or heat sources. (3) Chlorine cylinders shall be handled with care. Valve protection and outlet caps shall be in place at all times except when the cylinder is connected for use. Cylinders shall be used on a first -in, first -out basis. Post-10/01/99, approved washers shall be used each time a cylinder is connected. (4) As soon as a container is empty, the valve shall be closed and the lines disconnected. The outlet cap shall be applied promptly and the valve protection hood attached. The open end of the disconnected line shall be plugged or capped promptly to keep atmospheric moisture out of the system. A chlorine valve shut off wrench shall be kept on the cylinder valve stem of the cylinder that is in use. (5) Contents of a chlorine cylinder can be determined only by weight; therefore, facilities shall include a scale suitable for weighing the cylinders. Changing cylinder(s) shall be accomplished only after weighing proves contents of cylinder to be exhausted. Care shall be taken to prevent water suck -back into the cylinder by closing the cylinder valve. (6) The telephone number of the chlorine supplier, and the fire department or agency trained in the handling of chlorine spills shall be posted on the outside of the chorine room door. In the event of a chlorine leak, the fire department or an agency trained in the handling of chlorine spills shall be immediately contacted. (7) The chlorinator and all line and tank fittings shall be checked for leaks at regular intervals and after every tank exchange. A small bottle of fresh ammonia solution (or approved equivalent) for testing for chlorine leakage shall be provided and accessible outside the chlorinator room when chlorine gas is used. (8) Tanks and cylinders shall be secured as necessary to prevent spills. Section 265.199. Specific Safety Features for Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Handholds and coping for post-]0101199 and pre-]0101199 pools and spas. A post- 10/0 1/99 pool or spa shall be provided with a handhold around its perimeter in areas where depths exceed 42 inches and there is no seat bench, swimout, or lounge area below the perimeter area in question. Handholds shall be provided no farther apart than 2 feet to include, but not limited to, one or a combination of the following items: (1) Handholds for post-10/01/99 and pre-10/01/99 pools and spas may be coping, rope, railing, ledge, deck, negative edge, or similar construction along the immediate top edge of the pool that provides a slip -resistant surface or grip and shall be at least 4 inches minimum horizontal width and located at or not more than 9 inches above the design water level. Any overhang of coping or decking shall not exceed 2 inches. Page 48 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(a)(2) (2) Coping overhang in post- 10/0 1/99 and pre- 10/01/99 pools and spas shall be continuous without breaks or notches (other than slight indentations by masonry joints). (3) Ladders, steps, and seat ledges for post-10/01/99 pools and spas shall be constructed in accordance with §265.186(b) of this title (relating to Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment at Post- 10/0 1/99 and Pre- 10/01/99 Pools and Spas). (b) Float lines and floor markings for post-10/01/99 and pre-]0101199 pools. Float lines with floats and floor markings for a post- 10/0 1 /99 and pre- 10/01/99 pools shall comply with the following: (1) In post- 10/0 1/99 and pre- 10/01/99 Class A and B pools over 5 feet deep: (A) The transition point of the pool from the shallow area to the deep area of the pool shall be visually set apart with a 4-inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom. (B) A rope and float line shall be provided between 1 foot and 2 feet on the shallow side of the 5-foot depth along and parallel to this depth from one side of the pool to the other side. The floats shall be spaced at not greater than 7-foot intervals; and the floats shall be secured so they will not slide or bunch up. The stretched float line shall be of sufficient size and strength to offer a good handhold and support loads normally imposed by users. If the owner or operator of the pool knows or should have known in the exercise of ordinary care that a rope or float is missing, broken, or defective, the problem shall be promptly remedied. (2) In post-10/01/99 and pre-10/01/99 Class C pools over 5 feet deep, the transition point of the pool from the shallow area to the deep area of the pool shall be visually separated by a 4-inch minimum width row of floor tile, a painted line, or similar means using a color contrasting with the bottom. (3) If rope and float lines are provided in post-10/01/99 or pre-10/01/99 pools, they shall be securely fastened to wall or deck anchors of corrosion -resisting materials and of the type that is recessed or removable and shall have no projection that will constitute a hazard when the line is removed. (c) Depth markers for post-]0101199 pools. Post- 10/0 1/99 pools shall have markers showing depth and unit of measurement for the depth, complying with the following: (1) Depth markers on both sidewalls and decks of the pool shall: (A) indicate the pool depth from the design water level to the floor of the pool according to a vertical measurement taken 3 feet from the pool wall; horizontally on a deck); (B) be a minimum of 4 inches in height (measured vertically on a sidewall and (C) be of contrasting color to the background on which they are applied; (D) have permanent colors for the numbers, units, and background of the marker; (E) placed at 2-foot increments of depth in the shallow and deep ends of the pool, and be uniformly installed around a pool to the extent practical; (F) be spaced at distances not greater than 25-foot intervals, and with a minimum of at least one marker per pool side; of a pool over 5 feet deep; (G) be placed at the maximum and minimum points of depths and at the 5-foot depth (H) designate the depth, on irregularly shaped pools, at all major deviations in Page 49 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(c)(1)(H)(1) shape; and (I) have units of measurement spelled out in "feet" or "inches" or abbreviated as "FT", "IN", or feet and fractions of a foot. In addition to feet and inches, the unit of measurement may also be displayed in meters, in which event units of measurement shall be spelled out as "meters" or abbreviated as "M." (2) Depth and unit markers on decks shall be slip -resistant, placed within 24 inches of the water's edge, and positioned to be read while standing on the deck facing the water. (3) Depth and unit markers on pool sidewalls, except as provided in paragraph (4) of this subsection shall be plainly and conspicuously posted in the top 4.5 inches of the pool wall and be positioned to be read by a user while in the pool. (4) If depth and unit markers cannot be placed on the sidewall with a readable portion of the marker above the actual water level (e.g. the edges of a zero depth entry pool or other coping types that do not allow sufficient space for the 4-inch depth markers), other methods may be used to mark the depth and unit of measurement, as follows: (A) Sidewall depth and unit markers shall not be required on the edges of a zero depth entry pool. (B) On roll out gutter pools or other pools without a vertical sidewall and with at least 3 inches of the sidewall above the design water level, depth and unit markers shall be readable from the pool and shall be placed in the first 6 inches of deck or on a vertical wall or fence, if one exists, within 10 feet of the water's edge. Otherwise, no depth or unit markers shall be required for such pools. (C) On vanishing edge pools, depth and unit markers shall not be required on that portion of the vanishing edge that has no pool wall above the design water level and shall not be required on that portion of the vanishing edge that is inaccessible to patrons on the deck; but sidewall and deck markers must be installed on the vanishing edge immediately at the end of the vanishing edge, in the top 4.5 inches of the pool. (d) Depth markers for pre-10/01/99 pools. Pre-10/01/99 pools shall have depth markers that comply with the following: (1) Depth markers on both sidewalls and decks of the pool shall: (A) indicate the pool depth from the design water level to the floor of the pool according to a vertical measurement taken 3 feet from the pool wall; horizontally on a deck); (B) be a minimum of 4 inches in height (measured vertically on a sidewall and (C) be of contrasting color to the background on which they are applied; (D) have permanent colors for the numbers and background of the marker; (E) be placed at 2-foot increments of depth around the pool; and (F) be placed at the maximum and minimum points of depths and at the point of bottom slope change from shallow end and deep end. (2) Depth markers and any unit markers on decks shall be slip -resistant, placed within 24 inches of the water's edge, and positioned to be read while standing on the deck facing the water. (3) Depth and any unit markers on pool sidewalls, except as provided in paragraph (4) of this subsection, shall have at least 50% of the depth number and any unit of measurement, plainly and Page 50 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(d)(4) conspicuously placed above the design water level on the sidewall and be positioned to be read by a user while in the pool. A percentage higher than 50% is permitted but not required. (4) If depth markers and any unit markers cannot be placed on the sidewall with a readable portion of the marker above the design water level (e.g. the edges of a zero depth entry pool or other coping types which do not allow sufficient space for the 4-inch depth markers), other methods may be used to mark the depth and unit of measurement, as follows: (A) Sidewall depth markers shall not be required on edges of zero depth entry pools. (B) On roll out gutter pools or other pools without a vertical wall that does not have at least 3 inches of pool wall above the design water level, the depth markers and any unit markers shall be readable from the pool and shall be placed in the first 6 inches of deck, or on a vertical wall or fence, if one exists, within 10 feet of the water's edge. If there is no practical location for installation of vertical depth markers, no depth or unit markers shall be required in those areas. (C) On vanishing edge pools, depth markers and any unit markers shall not be required on that portion of the vanishing edge that has no pool wall above the design water level and shall not be required on that portion of the vanishing edge that is inaccessible to patrons on the deck; but sidewall and deck markers must be installed on the vanishing edge immediately at the end of the vanishing edge, in the top 4.5 inches of the pool. (5) If a pre-10/01/99 pool is substantially replastered or the waterline tile is substantially replaced, all depth markers on the sidewalls must comply with subsection (c) of this section regarding depth markers for post-10/01/99 pools. (e) "NO DIVING" wording and international no diving symbol warning signs for post-10101/99 and pre-10/01/99 pools. This subsection applies to post- 10/0 1/99 and pre- 10/01/99 pools. (1) The warning words "NO DIVING" and the international no diving symbol shall be clearly marked on the pool deck with contrasting colors and letters at least 4 inches high. The warning shall be placed at least every 25 feet or fraction thereof, around the pool where the water depth is 6 feet or less. At least two warnings including the "NO DIVING" and international no diving symbol, shall be provided at the extreme ends of the minimum depth and at the extreme ends of the maximum depth at 6 feet on each side of the pool or on each of the longer dimensional sides of the pool. These warning signs shall be slip -resistant. The warning "NO DIVING" and international no diving symbol on the deck shall be within 24 inches of the water edge and positioned to be read while standing on the deck facing the water. The international no diving symbol consists solely of a diver's profile in a circle with a 45-degree slash through the diver and may be red and/or black on a light background. (2) If a permanent structure above the pool deck (other than a diving board or diving platform) is within 5 feet of the water surface of a pool and is likely to be used for diving, the international no diving symbol and the warning "NO DIVING" (in contrasting colors and letters at least 4 inches high), shall be permanently affixed to the structure so that such warnings are visible to persons who may attempt to use the structure for diving. (f) Signs for post-10/01/99 and pre-10/01/99 pools. (1) Post- 10/0 1 /99 and pre- 10/01/99 pools shall comply with the following sign requirements: (A) Signs shall be securely mounted as applicable and readily visible to the pool user from inside the pool enclosure. (B) For Class C and D pools where no lifeguard is provided, a sign shall be placed Page 51 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(f)(1)(C) in plain view and shall state "NO DIVING" along with an international warning symbol for no diving. The letters "NO DIVING" and the symbol shall be at least 4 inches high. (C) For pools where no lifeguard service is required, a warning sign shall be placed in plain view and shall state "WARNING -NO LIFEGUARD ON DUTY" with clearly legible letters at least 4 inches high. In addition, the sign shall also state in letters at least 2 inches high "CHILDREN SHOULD NOT USE POOL WITHOUT ADULT SUPERVISION." The additional signage required in this subsection may be included on the sign described in paragraph (2) of this subsection. (D) When a required telephone is not readily visible from a post-10/01/99 or pre- 10/01/99 pool or spa, directions shall be posted regarding its location as stated in subsection (i) of this section. (2) In areas of Texas where a majority of citizens are non-English speaking, in addition to signs in English, signs, and other written warnings required by these standards, may be posted in the predominant language. (g) Lifeguard personnel standards at post-10/01/99 and pre-10/01/99 pools. Post-10/01/99 and pre- 10/01/99 pools shall comply with the following lifeguard requirements: (1) Lifeguards shall hold a current ARC "Lifeguard Training" certificate or the equivalent certification from an aquatic safety organization, which also includes training in ARC "Adult, Infant, and Child CPR" and "Community First Aid" or their equivalent. (2) Each lifeguard shall be given an assigned surveillance area commensurate with ability. (3) Lifeguards conducting surveillance of pool users shall not be assigned duties that would distract their attention from proper observation of the users, or that would prevent immediate assistance to persons in the water. (4) When a lifeguard is provided at a pool, the following shall apply: (A) The number of lifeguards shall be adequate to provide supervision, continuous surveillance, and close observation of pool users in all areas of the pool and at all times when the pool is in use. No user shall be permitted in a pool area unless the lifeguard(s) are present. (B) An additional lifeguard, or second responder who is monitoring and readily available at the pool, and who has a minimum training in ARC "Adult, Infant, and Child CPR" and "Community First Aid" or equivalent training, shall also be in the pool area when the pool is in use. (5) All lifeguards and second responders shall receive training in the application of effective pool emergency procedures for events such as submersions, suspected spinal injury, medical emergencies, missing persons, bad weather, etc. Such training will be reviewed as necessary and kept current. (6) Pool facilities shall provide alertness/response drills and other training including documentation of the following: (A) a pre -season training program; (B) a continual "in-service" training program for all lifeguards, and other aquatic personnel totaling a minimum 60 minutes per week; (C) performance "audits" as recommended by the ARC or YMCA or equivalent aquatic safety organization; and (D) an emergency action plan similar to the one outlined by the ARC or YMCA or equivalent aquatic safety organization. Page 52 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(g)(7) (7) Management at each facility shall maintain a current file with each staff person's current certification including expiration dates. (8) Owners shall allow lifeguards to have sufficient break time from guarding activities as recommended by the ARC or YMCA or equivalent aquatic safety organization. (9) Lifeguards and second responders shall be provided at: (A) post- 10/0 1/99 and pre- 10/01/99 Class A pools during competitive events; (B) post- 10/0 1/99 and pre- 10/01/99 Class B pools; and (C) post- 10/0 1/99 and pre- 10/01/99 Class C pools with a diving board or slide that is not locked or chained to prevent use of the diving board or slide. (10) Where lifeguards are not provided, refer to subsection (f)(1) of this section relating to signs. (h) Lifeguard chairs and lifeguard equipment for post-10101199 and pre-10/01/99 pools. Post- 10/01/99 and pre- 10/01/99 pools shall comply with the following requirements, as applicable: (1) A post-10/01/99 pool that has a diving board(s) shall have at least one elevated lifeguard chair, located to provide a clear unobstructed view of the pool bottom in the diving area and shall comply with the following: (A) The seat of the lifeguard chair in the diving water area shall be located at an elevation at least 4 feet above the pool deck. The lifeguard chair may be portable so that its location can be optimized to prevent glare and provide proper supervision. (B) If the width of the pool is 45 feet or more, an additional elevated chair or station shall be provided and shall be located in the diving area on the opposite side of the pool. (C) Such lifeguard platforms or chairs shall be placed in locations to reduce sun glare on the water, and in positions which allow complete visual coverage of the pool and the pool bottom within a field of view no greater than 90 degrees on either side of a line of sight extending straight out from the platform or chair. (2) At post- 10/0 1 /99 and pre- 10/01/99 pools, lifeguard(s) shall have a sufficient number of standard rescue tube(s) or buoy(s) with attached rope/strap and other equipment as necessary for use by the lifeguard(s). Such equipment shall be immediately accessible at all times. Lifeguard(s) and second responders shall be dressed in swimming attire so that they are readily identifiable as members of the staff. (i) Pool safety equipment for post-10/01/99 and pre-10/01/99 pools. Post-10/01/99 and pre- 10/01/99 pools shall comply with the following standards: (1) Lifesaving equipment at post-10101199 and pre-10101199 Class A, B, and C pools. At post-10/01/99 and pre-10/01/99 Class A, B, and C pools having less than 2,000 square feet of surface area, at least one of each of the following items of lifesaving equipment shall be provided for the pool: (A) A reaching pole that is light, strong, non -telescoping and at least 12 feet long. The pole shall be constructed of fiberglass or other material that does not conduct electricity and shall have a body hook or shepherd's crook with blunted ends attached to it. (B) A throwing rope that is 1/4-inch to 3/8-inch diameter, with a length at least two- thirds the maximum width of the pool. A ring buoy that is approved by the United States Coast Guard and that Page 53 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(8)(1)(C) has an outside diameter of 15 to 24 inches shall be attached to the throwing rope. (C) If the pool has between 2,000 and 4,000 square feet of water surface area, an additional reaching pole and throwing rope with ring buoy, as described in subparagraphs (A) and (B) of this paragraph shall be provided. If the pool has over 4,000 square feet of water surface area, an additional reaching pole and throwing rope with ring buoy as described in subparagraphs (A) and (B) of this paragraph shall be provided for each 6,000 square feet of water surface area or portion thereof over 4,000 square feet. All such lifesaving equipment shall be mounted in conspicuous places around the pool deck within 20 feet of the pool. All lifesaving equipment shall be kept in good repair and ready condition. (2) Backboards at post-10101199 and pre-10101199 pools. Post-10/01/99 and pre-10/01/99 Class A and B pools and Class C pools that have a diving board, slide, or lifeguard shall have one or more backboards with a minimum of 3 tie down straps and head immobilizer for back and neck injuries. (3) First aid kits at post-]0101199 and pre-]0101199 pools. Post-10/01/99 and pre-10/01/99 Class A and B pools and other pools with lifeguards shall be equipped with a first aid kit meeting OSHA requirements. First aid kits shall be a standard 24-unit kit and housed in a durable weather resistant container and kept filled and ready for use (including disease transmission barriers and cleansing kits that meet OSHA standards. 0) Telephones at post-10/01/99 and pre-10/01/99 pools and spas. Post-10/01/99 and pre-10/01/99 pools and spas shall have a telephone that is capable of immediately summoning emergency service and that is readily accessible within 200 feet from the pool or spa water. Any other electronic means of summoning emergency service will qualify as a telephone if clear instructions for its use are provided by signage. A telephone that is answered by an on -site office does not meet the requirements of this subsection. The following shall apply to telephones for post- 10/0 1/99 and pre- 10/01/99 pools and spas: (1) The telephone may be located inside or outside of the pool yard or spa yard if the enclosure entry gates and doors of the pool yard or spa yard are never locked in any manner, or the gate or fence is not more than 4 feet 4 inches tall. (2) or B pool. (3) following occur: higher than 4 feet 4 inches. homes parks; The telephone shall be located inside or outside of the pool yard if the pool is a Class A The telephone must be located outside of all other pool yards or spa yards if all of the (A) The entry gate(s) or door(s) are locked on either side of the gate or door. (B) The enclosure entry gates and doors and the enclosure fences and walls are all (C) The pool or spa is operated in conjunction with: (i) lodging such as hotels, motels, apartments, condominiums, or mobile continuing education classes, or (iv) subparagraph (A) of this paragraph). a property owners association, private organization, or club; a school, college, or university while being operated for academic or practice event (excluding competition events in accordance with (4) Each entry gate and door of a pool yard or spa yard that is locked must have a sign on the exterior of the gate or door or on the exterior of the enclosure fence or wall immediately adjacent to the gate or Page 54 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(l)(4)(A) door, stating the location of the telephone outside of the enclosure and complying with the content and letter size of paragraph (5) of this subsection if: (A) the telephone is located outside the pool yard of a Class A or B pool; or (B) the telephone is required to be located outside the pool yard or spa yard under paragraph (3) of this subsection. (5) Regardless of where the telephone is located or whether the gate(s) or door(s) are locked, a sign must be installed inside the pool yard or spa yard in plain view of the pool or spa and state in letters at least f- inch high: "In case of emergency, call 911." If the telephone is not readily visible from the pool or spa, the sign inside the pool yard or spa yard shall include a concise description of the location of the telephone. (k) Lighting for post-10101199 and pre-10/01/99 pools and spas. Lighting for decks and water surfaces of post-10/01/99 or pre-10/01/99 pool or spa shall be provided according to this subsection. Lighting for such pools and spas shall comply with the following: (1) Lighting above water level for decks and water surfaces shall be not less than 0.5 watts (incandescent equivalent) per square foot of the combined deck and water surface areas of the pool or spa. (2) If underwater lighting is installed in a pool, the underwater lighting shall be 0.5 watts per square foot of water surface area of the pool, and the water surface area need not be counted for purposes of subsection (1) of this section. (3) Lighting shall be spaced to provide illumination to all portions of the deck and water surface areas of a pool or spa. The bottom of the pool or spa must be readily seen without glare. (1) Indoor ventilation for post-10/01/99 pools and spas. A post-10/01/99 pool or spa that is constructed indoors must meet ASHRAE 62-1989, "Ventilation for Acceptable Indoor Air Quality" standards. (m) Safety and sanitation of special aquatic activity devices. Post- 10/0 1/99 or pre- 10/01/99 special aquatic activity devices involving a water circulation system separate from the circulation system for a pool (e.g., separate pump, holding tank, etc.) shall comply with the following sections to the same extent the sections apply to pools, except as otherwise noted: (1) §265.187 of this title relating to (Circulation Systems for Post- 10/0 1 /99 and Pre- 10/01/99 Pools and Spas), except that the water turnover rate shall be at least once every 30 minutes, and a vacuum cleaning system is not required; Spas); (2) (3) §265.188 of this title (relating to Filters at Post-10/01/99 and Pre-10/01/99 Pools and §265.189 of this title (relating to Pumps and Motors at Post-10/01/99 and Pre-10/01/99 Pools and Spas); (4) §265.190 of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas); (5) §265.192 of this title (relating to Electrical Requirements for Post- 10/01 /99 and Pre- 10/01/99 Pools, Spas, Pool Yards, and Spa Yards); (6) §265.194 of this title (relating to Pool or Spa Water Supply for Post-10/01/99 and Pre- 10/01/99 Pools and Spas); (7) §265.196 of this title (relating to Waste Water Disposal at Post-10/01/99 and Pre- 10/01/99 Pools and Spas); Page 55 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.199(n)(8) (8) §265.197 of this title (relating to Disinfection Equipment and Chemical Feeders for Post- 10/01/99 and Pre-10/01/99 Pools and Spas); and (9) §265.204 of this title (relating to Water Quality for Post-10/01/99 and Pre-10/01/99 Pools and Spas). Section 265.200. Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas. (a) Enclosures for post-10101/99 and pre-10/01199 Class A and B pools and spas and post-10/01199 and pre-10101199 residential youth camp pools and spas. (1) Post-10/01/99 and pre-10/01/99 Class A and B pools, and post-10/01/99 and pre- 10/01/99 pools and spas that are located at residential youth camps required to be licensed under Health and Safety Code, Chapter 141 shall be enclosed by a barrier consisting of one of the following, or its equivalent: a fence, portion of a building, wall, or other durable enclosure. (2) A building that serves as part of the enclosure shall have doors or gates that open into the pool yard only i£ (A) any doors or gates between the building and the pool yard are for entry into a storage room, restroom, shower room, dressing room, or mechanical room adjacent to the pool; enclosure; and (B) the room does not have any door or gate openings to the outside of the pool yard (C) the room does not contain any gas chlorine containers. (3) The enclosure, including doors and gates, shall: (A) have a minimum effective perpendicular height of at least 6 feet as measured from the ground surface on the outside of the fence; sphere can pass; (B) have no openings in the enclosure through or under which a 4-inch diameter (C) be designed and constructed so that it cannot be readily climbed; and (D) have all doors, gates, and windows in the enclosure directly and continuously supervised by staff at the pool during hours of operation, or locked to prevent unauthorized entry. (b) Enclosures for post-10101/99 or pre-]0101199 Class C pools and spas and Class D pools at a Class C facility that are subject to Health and Safety Code, Chapter 757. A post- 10/0 1 /99 or pre- 10/01/99 pool or spa that is subject to Health and Safety Code, Chapter 757 (covering pool yards and spa yards of apartments, property owner associations, and similar residential developments) shall have an enclosure as required in Chapter 757. (c) Enclosures for all other post-10101/99 or pre-10/01199 Class C pools and spas and Class D pools at Class C facilities. A post-10/01/99 or pre-10/01/99 Class C pool or spa or a Class D pool at a Class C facility that is not subject to Health and Safety Code, Chapter 757 (such as pools and spas for hotels, motels, RV parks, etc.) must have a pool yard or spa yard enclosure in compliance with this subsection. (1) The pool yard or spa yard enclosure for a post-10/01/99 or pre-10/01/99 pool or spa subject to this subsection shall consist of one or a combination of a fence, portion of a building, wall or other durable enclosure. The enclosure shall comply with the following: (A) The enclosure must have a minimum perpendicular height of at least 48 inches as measured from the ground surface on the outside of the fence. Page 56 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.201(a) (B) Openings in or under the enclosure shall not allow the passage of a 4-inch diameter sphere. (C) Planters or other structures that might allow small children to climb over the enclosure shall not be permitted within 36 inches, measured horizontally, from the outside of the enclosure. (D) Chain link fencing may be used for the enclosure of a pre-10/01/99 pool and spa if the chain link fencing was installed before September 1, 2004. Chain link fencing shall not be used for an enclosure for a post-10/01/99 pool or spa constructed after September 1, 2004. (E) Doors, gates, or windows that open into a building are allowed as part of a pre- 10/01/99 pool or spa enclosure. Windows that are capable of being opened are not allowed as part of a post- 10/01/99 pool or spa enclosure. Doors or gates of a building that are capable of being opened are not allowed as part of a post-10/01/99 pool or spa enclosure unless: (i) the doors or gates between the building and the pool yard or spa yard are for entry into a storage room, restroom, shower room, dressing room or mechanical room adjacent to the pool; (ii) the room does not have any door or gate openings to the outside of the pool yard or spa yard enclosure; and (iii) the room does not contain any gas chlorine containers. (2) Gates and doors for pool yard or spa yard enclosures for post- 10/01/99 and pre- 10/01/99 pools and spas subject to this subsection shall: (A) be equipped with self -closing and self -latching devices and be latched when the pool or spa is not in use; and the self -closing device shall be designed to keep the gate or door securely closed and the self -latching device shall latch when the gate is allowed to close within in its range of operation, which is from its fully open position to 6 inches from the fully closed position; (B) open outward away from the pool or spa except for gates constructed before October 1, 1999, in compliance with an applicable city ordinance; (C) have hand activated door or gate opening hardware located at least 3.5 feet above the deck or walkway; (D) be capable of being locked; (E) be locked if it is for entry into a Class A or B pool or a spa, and the pool or spa is not open for use; and (F) be locked if it is for entry into a Class C pool or a spa or Class D pool at a Class C facility and the pool or spa needs to be closed because of repairs, hazards, or other conditions. (3) Pool yard and spa yard enclosures for post-10/01/99 pools and spas shall be constructed so that all persons will be required to pass through an enclosure gate or door in order to gain access to the pool or spa. All gates and doors exiting a pool yard or spa yard of a post-10/01/99 pool or spa shall open into a public area or walkway accessible by all users of the pool or spa. (d) [Propping open gates prohibited.] No pool or spa owner or his agent or employee may knowingly allow a gate in a pool yard or spa yard enclosure to be propped open or to remain propped open and no person may prop open such gate unless an agent, employee, or contractor of the owner is present and doing construction, maintenance, or repair work in the pool yard or spa yard or on its enclosure that reasonably requires the gate to be propped open. Section 265.201. Dressing and Sanitary Facilities at Post-10/01/99 and Pre-10/O1/99 Pools and Spas. Page 57 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.201(a) (a) Fixture design at post-10/01/99 facilities. Fixtures at facilities for post-10/01/99 and pre- 10/01/99 pools and spas shall be designed so that they are readily cleanable. (b) Fixture installation at post-10/01/99 and pre-10/01/99 facilities. Fixtures at facilities for post- 10/01/99 and pre-10/01/99 pools and spas shall be installed in accordance with local plumbing codes and shall be properly protected by cross -connection control devices (backflow prevention devices). (c) Proper cleaning at post-10101199 and pre-10101199 facilities. Facilities for post- 10/0 1/99 and pre- 10/01/99 pools and spas shall be cleaned as necessary to maintain sanitary conditions at all times. (d) Adequate ventilation at post-10/01/99 facilities. Adequate ventilation shall be provided in facilities for post-10/01/99 and pre-10/01/99 pools and spas to prevent objectionable odors in accordance with §265.199(1) of this title (relating to Specific Safety Features for Post- 10/0 1/99 and Pre- 10/01/99 Pools and Spas). (e) Dressing and sanitary facilities at facilities for post-10/01/99 Class A or B pools or spas and Class D pools operated in conjunction with a Class A or B pool. Adequate dressing and sanitary facilities shall be provided for post-10/01/99 Class A or B pools and for post-10/01/99 Class D pools operated in conjunction with a Class A or Class B pool. (1) Separate dressing and sanitary facilities shall be provided for each gender. The rooms shall be well lit, drained, ventilated, and of good construction, using impervious materials. They shall be developed and planned so that good sanitation will be maintained throughout the building at all times. An appropriate number of dressing rooms that can accommodate a family are allowed. (2) Partitions between portions of the dressing room area, screen partitions, shower, toilet, and dressing room booths shall be of durable material not subject to damage by water and shall be designed so that a waterway is provided between partitions and floor to permit thorough cleaning of the walls and floor areas with hoses and brooms. (3) At least one shower and dressing booth for each gender shall be provided. This condition may be subject to variation for schools and other institutional use where a pool or spa may be open to one gender at a time. (4) Floors shall have a slip -resistant surface and shall be sufficiently smooth to ensure ease in cleaning. Floor drains shall be provided, and floors shall be sloped 1/4 inch per foot toward the drains to ensure positive drainage. (5) An adequate number of hose bibs and a hose of adequate length shall be provided for washing down all areas of the dressing facility interior. Adequate cross -connection control devices as approved by the TCEQ or local regulatory authority shall be provided. When not in use, hoses shall be stored in such a manner to prevent a trip hazard. (f) Lavatories, showers, and toilets at post-10/01/99 pools and spas. Except as provided in subsection (g) of this section, the following requirements apply to lavatories, showers and toilets in facilities serving post- 10/0 1/99 Class A, B, C, or D pools and spas: (1) The required fixture schedule is contained in the following table: Figure: 25 TAC, §265.201(f)(1). [Seepage 70.1 (2) The number of fixtures should be increased for swimming pools at schools or similar locations where load may reach peaks due to schedule of use. (3) Shower(s) and lavatory(s) water temperature shall be controlled by anti- scald devices. The water heater and thermostatically -controlled mixing valves shall be inaccessible to users and shall be capable of providing 2 gallons per minute of water between 90 to 110 degrees Fahrenheit to each shower head. A shower Page 58 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.201(g) can be located on the deck of the pool if proper wastewater disposal is provided. The shower need not be enclosed in Class C pools. (g) Sanitary facilities serving post-10101199 pools or spas in apartments, hotels, motels or condominiums. Post-10/01/99 Class C and D pools and spas located in an apartment, hotel, motel or condominium complex are not required to have the following facilities: (1) showers; (2) dressing rooms; (3) toilets; (4) urinals unless the facility has toilets for persons using the pool or spa; (5) hand drying towels unless the facility has a lavatory in an enclosed room; (6) baby changing table unless the facility has a dressing room or toilets; and (7) a lavatory if a faucet is installed at lavatory height and in compliance with subsection (f)(3) of this section and proper wastewater disposal is provided. (h) Additional requirements for sanitaryfacilities at post-10/01/99 and pre-10/01/99 pools and spas. Post- 10/0 1 /99 and pre- 10/01/99 sanitary facilities serving a post- 10/0 1/99 or pre- 10/01/99 pool or spa shall comply with the following whenever lavatories, toilets, mirrors, or dressing rooms are provided: (1) Soap dispensers with liquid or powdered soap shall be provided at each lavatory. The dispenser shall be of all metal or plastic type with no glass permitted in these units. (2) Any mirrors shall be shatter resistant. (3) Toilet paper holders and toilet paper shall be provided at each toilet. (4) Covered waste receptacles shall be provided in toilet or dressing room areas. (5) Single -use hand drying towels or hand drying devices shall be provided near the lavatory. Section 265.202. Food, Beverages, and Containers at Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Food and beverages while in the water at post-10/01/99 and pre-10/01/99 pools and spas. At post- 10/0 1/99 and pre- 10/01/99 pools and spas, no person shall eat, drink, or smoke while in the pool or spa water. (b) Non -breakable containers at post-]0101199 and pre-]0101199 pools and spas. At post-10/01/99 and pre-10/01/99 pools and spas, food and beverage(s) shall be served only in non -breakable containers. Glass containers shall not be allowed on a deck, in a pool or spa, or elsewhere in a pool yard or spa yard. (c) Trash containers at post-10/01/99 and pre-10/01/99 pools and spas. At post-10/01/99 and pre- 10/01/99 pools and spas, trash containers shall be provided where food and/or beverage(s) are allowed. Section 265.203. Operation and Management of Post-10/01/99 and Pre-10/O1/99 Pools and Spas. (a) Required operator certification for certain types of post-10/01/99 and pre-10/01/99 pools and spas. Post-10/01/99 and pre-10/01/99 Class A or B pools and Class D pools operated in conjunction with a Class A or B pool shall be maintained under the supervision and direction of a properly trained and certified operator who is responsible for the sanitation, safety, and proper maintenance of the pool or spa, and for maintaining all Page 59 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.203(a)(1) physical and mechanical equipment and records. Training and certification can be obtained by completion of one of the following courses or their equivalent: (1) the NRPA, "Aquatic Facility Operator" (A.F.O.); (2) the NSPF, "Certified Pool -Spa Operator" (C.P.O.); (3) YMCA, "Pool Operator on Location" (P.O.O.L.); (4) the NSPI, "Professional Pool & Spa Operator" (P.P.S.O.); or (5) the ASPSA, "Licensed Aquatic Facility Technician" (L.A.F.T.). (b) Water clarity standards for post-10/01/99 and pre-10/01/99 pools and spas. Areas of a post- 10/01/99 or pre-10/01/99 pool or spa shall be opened for use only if the pool or spa bottom and/or main drains are clearly visible. Possible visual occlusion by sediment or other matter shall be checked before opening a pool and periodically, as necessary, while the pool is in use. To check the pool or spa when in use, bathers shall exit and the pool or spa water shall be allowed to calm. Clarity shall be observed between 1 to 5 minutes after users have exited. The pool or spa shall be opened for use only if the bottom and/or main drains are clearly visible. Sediment or other matter that may cause visual occlusion shall be vacuumed, filtered or otherwise removed as needed prior to pool use. (c) Equipment for water clarity for post-]0101199 and pre-]0/01199 pools and spas. When a post- 10/01/99 or pre-10/01/99 pool or spa is open for use, filtration, circulation systems, chemical/disinfectant feeders, slurry feeders, heaters, etc., that are dependent upon circulation pump flow shall be operating, plus any additional time necessary to ensure continuous water clarity and chemical distribution. (1) The pool and spa shall be operated to maintain the turnover rates as stated in §265.187(b)(1) of this title (relating to Circulation Systems for Post-10/01/99 Pools and Spas) and §265.187(c) of this title. (2) Circulation pumps shall run continuously 24 hours a day year round and not be throttled to reduce circulation below the design flow rate, except that a pool pump may run less than 24 hours a day if: (A) a "Pool Closed" sign, with letters at least 1-inch tall, is posted on the exterior side of each entry gate into the pool yard; (B) the pump runs a sufficient number of hours needed to keep the water at required clarity and disinfectant levels; and (C) the pump runs the same number of hours each day. (d) Off season water clarity for post-10/01/99 and pre-]0101199 outdoor pools and spas. When a post- 10/0 1/99 or pre- 10/01/99 outdoor pool or spa is not in use for an extended period of time (such as off season), clarity shall be maintained and algae growth shall be prevented; however, other water quality parameters as required in §265.204(a) of this title (relating to Water Quality for Post-10/01/99 and Pre-10/01/99 Pools and Spas) do not need to be maintained. Other methods may be used to maintain pools and spas during extended periods of non-use if the methods are approved by local authorities in writing and water clarity is maintained. (e) Offseason safety for post-]0101199 and pre-]0101199 pools and spas. When a post-10/01/99 or pre-10/01/99 pool or spa is not in use after seasonal operation, while under construction or renovation, or for any other reason, the facility shall not be allowed to give off objectionable odors, become a breeding site for insects, or create any other nuisance situation or safety hazard. (f) Domestic animals prohibited at post-10/01/99 and pre-10/01/99 pools and spas. Domestic animals and other pets shall not be allowed within a post-10/01/99 or pre-10/01/99 pool or spa enclosure area, Page 60 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.203(g) except that service animals shall be allowed on the deck and within the pool enclosure but not in the pool. (g) Actual water level at post-10/01/99 and pre-10/01/99 pools and spas. Actual water level in a post- 10/0 1/99 or pre- 10/01/99 pool or spa shall be maintained within the operating water level range of the system's rim or weir device. (h) Protection from chemicals for post-10/01/99 and pre-10/01/99 pools and spas. Personnel in charge of maintaining a post-10/01/99 or pre-10/01/99 pool or a spa shall be properly trained in accordance with §265.197(a)(5) of this title (relating to Disinfectant Equipment and Chemical Feeders at Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (i) Maximum load limits for post-]0101199 pools and spas. The maximum load limits for a post- 10/01/99 pool and spa shall be calculated and posted. Load limits are indicated in §265.184(n) of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas). 0) Use of life jackets for post-10/01/99 and pre-10/01/99 pools and spas. No person shall be prohibited from the use of a lifejacket in a post-10/01/99 or pre-10/01/99 pool or spa. (k) Proper use of chemicals at post-]0101199 and pre-]0101199 pools and spas. Use of chemicals at post-10/01/99 and pre-10/01/99 pools and spas shall be according to the chemical manufacturer's directions. No chemical shall be used in a way that violates the manufacturer's instructions for the chemical feed system or the ANSI/NSFI 50 - 1996 certification of the chemical feed system. (1) Use of registered products at post-]0101199 and pre-10101199 pools and spas. In post-10/01/99 and pre-10/01/99 pools and spas, only chemicals registered and labeled for use in pools and spas by U.S. Environmental Protection Agency shall be used. Section 265.204. Water Quality at Post-10/O1/99 and Pre-10/01/99 Pools and Spas. (a) Required water quality for post-]0101199 and pre-]0101199 pools and spas. Water quality for a post-10/01/99 or pre-10/01/99 pool or a spa shall meet the following criteria when the pool or spa is open for use. The water quality parameters in the following table apply to both pools and spas unless otherwise indicated. Figure: 25 TAC, §265.204(a). [Seepage 71.] (b) Water quality testing at post-10/01/99 and pre-10/01/99 pools and spas. A reliable means of testing for pH, free and total chlorine or total bromine residuals, and cyanuric acid (if used) shall be maintained for post-10/01/99 and pre-10/01/99 pools and spas. The test method shall be capable of measuring chemical ranges as detailed in subsection (a) of this section. (1) Free available chlorine residual shall be determined by the use of the DPD method or its equivalent. (2) Test reagents shall be properly stored and changed at frequencies recommended by the manufacturer to assure accuracy of the tests. (c) Testing frequency for post-]0101199 and pre-]0/01199 pools and spas. When a post-10/01/99 or pre-10/01/99 Class A or B pool is open for use or when a post-10/01/99 or pre-10/01/99 Class D pool operated in conjunction with a Class A or B pool or spa is open for use, a test for disinfectant level and pH shall be conducted at least every 2 hours to assure compliance with subsection (a) of this section relating to required water quality parameters. In lieu of the above testing frequency, if a system is used to automatically control disinfectant and pH, testing for disinfectant level and pH shall be made at least once per day. If necessary, tests shall be conducted more frequently to assure proper disinfectant level and pH. (d) Other required tests for post-10/01/99 and pre-10/01/99 pools and spas. Test(s) for total chlorine, cyanuric acid, alkalinity and hardness at post- 10/0 1 /99 and pre- 10/01/99 pools and spas shall be Page 61 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.204(e) conducted as necessary to assure proper chemical control. (e) Operational records for post-10/01/99 and pre-10/01/99 pools and spas. When tests are required, under this section, operational records of the tests shall be kept for two years and be made available during a governmental inspection. Section 265.205. Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Spas. (a) General construction standards for pre-]0101199 spas. Pre-10/01/99 spas shall comply with good public health engineering practices for construction of pre-10/01/99 pools and spas prevailing at the time of original construction as required by Health and Safety Code, §341.064(g), and shall comply with applicable rules at the time of original construction. (b) General construction standards for post-]0101199 spas. Post- 10/0 1/99 spas shall comply with good public health engineering practices for construction of post-10/01/99-built pools and spas prevailing at the time of original construction as required by Health and Safety Code, §341.064(g), and shall comply with ANSI/NSPI 2 - 1992 Standards for Public Spas except as otherwise provided in these rules. (c) General standards for circulation equipment in post-10/01/99 spas. Circulation equipment on post-10/01/99 spas, such as pumps, filters, skimmers, chemical feeders, and other circulation equipment, shall comply with ANSI/NSFI 50 - 1996 except as otherwise noted in §265.190(h) of this title (relating to Suction Outlets and Return Inlets at Post- 10/0 1/99 and Pre- 10/01/99 Pools and Spas). (d) General standards for replacement of circulation equipment in pre-]0101199 spas. Circulation equipment replaced on pre-10/01/99 spas shall comply with ANSI/NSFI 50 - 1996 except as otherwise noted in §265.190(h) of this title (relating Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (e) Specific construction and operational standards for post-10/01/99 spas. The following standards apply to post- 10/0 1 /99 spas as specifically stated therein: (1) §265.181 of this title (relating to General Provisions). (2) §265.182 of this title (relating to Definitions). (3) §265.183 of this title (relating to Plans, Permits and Instructions for Post-10/01/99 Pools and Spas). (4) §265.185 of this title (relating to General Construction and Design for Post-10/01/99 Pools and Spas), and as follows: (A) The maximum water depth shall be 4 feet from the design waterline except when approved by the local regulatory authority; and (B) Multi -level seating may be provided, but the maximum water depth of any seat or sitting bench shall be 24 inches, measured from the design waterline. (5) §265.186(a) and (b) of this title (relating to Decks, Entry/Exit, Diving Facilities, and Other Deck Equipment for Post-10/01/99 and Pre-10/01/99 Pools and Spas). Also see ANSI/NSPI 2 — 1992. (6) §265.187 of this title (relating to Circulation Systems for Post- 10/0 1 /99 and Pre- 10/01/99 Pools and Spas). (7) §265.188 of this title (relating to Filters at Post-10/01/99 and Pre-10/01/99 Pools and Spas). Page 62 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.205(e)(8) (8) §265.189 of this title (relating to Pumps and Motors at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (9) §265.190 of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (10) §265.191 of this title (relating to Surface Skimming and Perimeter Overflow (Gutter Systems for Post-10/01/99 Pools and Spas). (11) §265.192 of this title (relating to Electrical Requirements for Post-10/01/99 and Pre- 10/01/99 Pools, Spas, Pool Yards and Spa Yards). (12) §265.193 of this title (relating to Heating of Post-10/01/99 and Pre-10/01/99 Pools and Spas). (13) §265.194 of this title (relating to Pool or Spa Water Supply for Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (14) §265.195 of this title (relating to Drinking Water at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (15) §265.196 of this title (relating to Waste Water Disposal at Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (16) §265.197 of this title (relating to Disinfectant Equipment and Chemical Feeders for Post- 10/01/99 and Pre- 10/01/99 Pools and Spas). (17) §265.198 of this title (relating to Gas Chlorination at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (18) §265.199 of this title (relating to Specific Safety Features for Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (19) §265.200 of this title (relating to Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas). (20) §265.201 of this title (relating to Dressing and Sanitary Facilities at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (21) §265.202 of this title (relating to Food, Beverages, and Containers at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (22) §265.203 of this title (relating to Operation and Management of Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (23) §265.204 of this title (relating to Water Quality at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (24) Air blowers and other devices and systems which induce or allow air to enter the spa either by means of a power pump or passive design and shall comply with the following: (A) The air blower systems shall prevent water backflow that could cause electrical shock hazards in accordance with ANSI/UL 1563 - 1995; (B) Air intake sources shall not induce water external to the spa unit dirt or contaminants, into the spa; Page 63 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.205(e)(24)(C) (C) The air induction system shall be properly sized in accordance with the manufacturer's sizing specification; (D) When installing an air blower indoors or within an enclosure, adequate ventilation is required, and the air induction system shall be installed in accordance with the manufacturer's recommendations; state or local codes; (E) The air blowers shall be installed in accordance with the NEC and any federal, (F) The air blower shall be accessible for inspection and service; (G) Integral air passages shall be pressure tested at time of manufacture to provide structural integrity to a value of 1.5 times the intended working pressure; and (H) If an air blower or other means of introducing air is provided, a manually operated timer switch located as to require the exiting of the spa to reset shall be provided. Such a timer shall operate the spa blower and circulation pump and shall automatically shut the blower and circulation pump off in 15 minutes or when manually switched to the off position. (f) Other safety -related requirements for post-10/01/99 and pre-10/01/99 spas. Post-10/01/99 and pre-10/01/99 spas shall comply with the following: (1) First aid kits. Post-10/01/99 and pre-10/01/99 spas operated in conjunction with a Class A or B pool shall be equipped with a standard, 24-unit first aid kit that meets OSHA requirements and is kept ready for use at all times. First aid kits shall be housed in a durable weather resistant container and kept filled and ready for use, including disease transmission barriers and cleansing kits that meet OSHA standards. (2) Telephone. Post-10/01/99 and pre-10/01/99 spas shall provide a means of summoning help in an emergency, and a sign shall be provided in accordance with §265.1990) of this title (relating to Specific Safety Features for Post- 10/0 1/99 and Pre- 10/01/99 Pools and Spas). (3) Spa yard enclosures. Post-10/01/99 and pre-10/01/99 spas shall be provided with an enclosure as follows: (A) A post- 10/0 1/99 or pre- 10/01/99 spa at a complex subject to Health and Safety Code, Chapter 757, shall be provided with an enclosure as required in that code. (B) All other post-10/01/99 and pre-10/01/99 spas shall be provided with an enclosure required by §265.200 of this title (relating to Pool Yard and Spa Yard Enclosures for Post-10/01/99 and Pre-10/01/99 Pools and Spas). (4) Deck depth markers. Deck depth markers for post- 10/01/99 and pre- 10/01/99 spas shall comply with the following: (A) Spas shall have permanent deck depth markers with numbers and units of measurement a minimum of 4 inches high plainly and conspicuously visible from all obvious points of entry. (B) There shall be a minimum of 2 deck depth markers per spa, regardless of spa size or shape. (C) Deck depth markers shall be spaced at no more than 25-foot intervals and shall be uniformly located around the entry areas of the spa. (D) Deck depth markers and units of measurement shall be within 24 inches of the Page 64 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.205(e)(4)(E) water edge and positioned to be read while standing on the deck facing the water. facing the water. (E) Deck depth markers shall be positioned to be read while standing on the deck (F) Deck depth markers in or on the deck surfaces shall be slip -resistant. (G) Units of measurement shall either spell out "feet" or "inches" or abbreviate "IN", or feet and fractions of a foot. In addition to feet and inches the depth of water may also be displayed in meters. Units of measurement for meter depth markers may be spelled out "meters" or abbreviated "M." (H) Deck depth markers shall indicate the spa depth from the design water level to the floor of the spa with a vertical measurement taken 3 feet from the spa wall. (5) Temperature and thermometers. Post-10/01/99 and pre-10/01/99 spas shall comply with the following temperature safeguards: (A) The maximum temperature of the water in the spa shall not exceed 104 degrees Fahrenheit (40 degrees Centigrade). (B) A break -resistant thermometer (plus or minus 1 degree Fahrenheit tolerance) that is designed for use in a spa environment shall be available for patrons and staff to monitor spa temperature. (C) The controls for the spa temperature shall not be accessible to the spa user. (6) Maximum load limits. Maximum load limits for post-10/01/99 spas are set forth in §265.184(n)(2) of this title and for pre-10/01/99 spas are set forth at §265.185(e)(2) of this title. (7) Signs. Signs for post-10/01/99 and pre-10/01/99 spas shall be securely mounted and readily visible to the spa user from inside the spa enclosure. Signage shall state the following: (A) The location of the nearest telephone or emergency -summoning device; (B) "DO NOT USE THE SPA, IF THE WATER TEMPERATURE IS ABOVE 104 DEGREES FAHRENHEIT (40 DEGREES CENTIGRADE)" in letters at least 1 inch high; (C) "WARNING -NO LIFEGUARD ON DUTY" with clearly legible letters at least 4 inches high if no lifeguard is required; (D) "CHILDREN SHOULD NOT USE SPA WITHOUT ADULT SUPERVISION" with clearly legible letters at least 2 inches high if no lifeguard is required; and (E) The maximum load limit as required in §265.203(i) of this title. Section 265.206. Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Therapeutic Pools and Spas. (a) General construction standards for post-]0101199 and pre-]0/01199 therapeutic pools and spas. Construction design and materials used in construction of post- 10/0 1 /99 and pre- 10/01/99 therapeutic pools and spas shall comply with good public health engineering practices for construction of post- 10/0 1 /99-built therapeutic pools and spas prevailing at the time of original construction as required by Health and Safety Code, §341.064(g). (b) General standards for circulation equipment in post-10/01/99 therapeutic pools and spas. Circulation equipment or post-10/01/99 therapeutic pools and spas, such as pumps, filters, skimmers, chemical feeders and other circulation equipment, shall comply with ANSI/NSFI 50 - 1996 except as otherwise noted in §265.190(h). Page 65 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.206(c) (c) General standards for replacement of circulation equipment in pre-10/01/99 therapeutic pools and spas. Circulation equipment replaced on pre- 10/01/99 therapeutic pools and spas shall comply with ANSI/NSFI 50 - 1996 except as otherwise noted in §265.190(h) of this title (relating to Suction Outlets and Return Inlets in Post- 10/01/99 and Pre-10/01/99 Pools and Spas). (d) Specific construction and operational standards for post-]0101199 therapeutic pools and spas. The following standards apply to post- 10/0 1/99 therapeutic pools and spas as specifically stated therein: (1) §265.181 of this title (relating to General Provisions). (2) §265.182 of this title (relating to Definitions). (3) §265.183 of this title (relating to Plans, Permits and Instructions for Post-10/01/99 Pools and Spas). (4) §265.187 of this title (relating to Circulation Systems for Post- 10/0 1 /99 and Pre- 10/01/99 Pools and Spas); and if the therapeutic pool contains less than 1,000 gallons, the water turnover rate shall be 30 minutes or less. (5) §265.188 of this title (relating to Filters at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (6) §265.189 of this title (relating to Pumps at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (7) §265.190 of this title (relating to Suction Outlets and Return Inlets at Post-10/01/99 and Pre-10/01/99 Pools and Spas). (8) §265.192 of this title (relating to Electrical Requirements for Post-10/01/99 and Pre- 10/01/99 Pools, Spas, Pool Yards and Spa Yards). (9) §265.193 of this title (relating to Heating of Post-10/01/99 and Pre-] 0/01/99 Pools and Spas). (10) §265.194 of this title (relating to Pool or Spa Water Supply for Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (11) §265.195 of this title (relating to Drinking Water Supply at Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (12) §265.196 of this title (relating to Waste Water Disposal at Post-10/01/99 and Pre- 10/01/99 Pools and Spas). (13) §265.197 of this title (relating to Disinfectant Equipment and Chemical Feeders for Post- 10/01/99 and Pre- 10/01/99 Pools and Spas). and Spas). (14) §265.204 of this title (relating to Water Quality at Post-10/01/99 and Pre-10/01/99 Pools (15) §265.207 of this title (relating to Compliance, Inspections and Investigations). (16) §265.208 of this title (relating to Enforcement). Section 265.207. Compliance, Inspections, and Investigations. (a) A department or local regulatory representative, upon presenting the department credentials, Page 66 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Section 265.207(b) shall have the right to enter at all reasonable times any area or environment, including but not limited to the pool or spa facility, building, storage, equipment room, or office area to inspect and investigate for compliance with these sections, to review records, to question any person, or to locate, to identify, and to assess the condition of pool or spa facility. (b) Advance notice or permission for inspections or investigations by the department or local regulatory authority is not required. (c) A department or local regulatory representative shall not be impeded or refused entry in the course of his official duties by reason of any state or federal law or company policy. It is a violation of this chapter for a person to interfere with, deny, or delay an inspection or investigation conducted by a department or local regulatory representative. Section 265.208. Enforcement. (a) If inspections by the department or the local regulatory authority determine that a person has caused, suffered, allowed, or permitted a violation of Health and Safety Code §341.064, or any of these rules the department or the local regulatory authority may, in accordance with Health and Safety Code, §341.092, assess civil penalties, seek injunctive relief in district court, or both. (b) The department may also seek a criminal penalty under Health and Safety Code, §341.091. (c) The department or local regulatory authority may take all appropriate legal remedies available to it including immediately closing the pool or spa either through voluntary compliance or an injunction. (d) If a pool or spa closes either voluntarily or by court order all access to the pool or spa shall be restricted and a notice posted notifying the public that the pool or spa is closed until further notice. (e) In the case of voluntary closure and upon presentation of evidence that the deficiencies that caused closure have been corrected, operation can be resumed if explicitly authorized by the department or local regulatory authority in writing. Such evidence may be in the form of a reinspection by the regulatory authority, or by other evidence acceptable to the regulatory authority. TDHpoolrules7-3-04.doc Page 67 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.184(n) Figure: 25 TAC, §265.184(n)(1) Maximum Number of Users in Pool at Any Time Shallow/Instructional or Beginning or Wading Areas Deep Area (Not Including Diving Area Diving Area (per each diving board) 15 sq. ft. water surface area per user 25 sq. ft. water surface area per user 300 sq. ft. water surface area per user Page 68 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.184(o) Figure: 25 TAC, §265.184(o) I F Wal Water Line ertical Wall Max Page 69 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.184(t) Figure: 25 TAC, §265.184(t)(3) Water Line Iypical Plumb Wall Section i. Ledge at 30 in. Below Surface Ledge at 36 in. Below Surface Ledge at 42 in. Below Surface 2 in. Ledge at 60 in. Below Surface Page 70 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.186(e) Figure: 25 TAC §265.186(e)(6) Maximum Diving Board Height Over Water 3/4 Meter 1 Meter 3 Meters Max. Diving Board Length J 12 ft. 16 ft. 16 ft. Minimum Diving Board Overhang 2 ft. 6 in. IF 5 ft. 5 ft. DI Minimum 8 ft. 6 in. 11 ft. 2 in. 12 ft. 2 in. D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in. D3 Minimum 4 ft. IF 6 ft. 6 ft. L 1 Minimum 4 ft. 5 ft. 5 ft. L2 Minimum 12 ft. 16 ft. 5 in. 19 ft. 9 in. L3 Minimum 14 ft. 10 in. 13 ft. 2 in. 13 ft. 11 in. L4 Minimum 30 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in. L5 Minimum 8 ft. IF 10 ft. 13 ft. H Minimum 16 ft. 16 ft. 16 ft. From Plummet to Pool Wall at Side 9 ft. 10 ft. 11 ft. 6 in. From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 ft. H (Overhead nhctnir-tinn nr Cr ilinn) Pt A pt R Pt f H d'NAin � d'F" Min n 11' Max R 6'6"Typical D 1 30° Max. L4 4'Min Board Overhang 10 NAAv rinna �I Twnlral 2'6" Min. Page 71 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.201(f) Figure: 25 TAC, §265.201(f)(1) Fixture Schedule Females Males Water Closets 1150 1/100 Urinals N/A 1/1001 Lavatories I 1 / 100 F 1 / 100 Showers 1 1 / 100 1 / 100 Baby Changing Table -I- Drinking Water Fountain 1 per facility2 1 per facility2 Where urinals are provided, one water closet less that the number specified may be provided for each urinal installed, except the number of water closets in such cases shall not be reduced to less than one half of the minimum specified. 2 Only one must be provided and available to swimmers in the pool/spa area. Page 72 All rules effective 9-1-04 except for Section 265.190(e) Item 5e Figure for Section 265.204(a) Figure: 25 TAC §265.204(a) Disinfectant Levels Minimum Ideal Maximum Free Chlorine — pools 1.0 ppm IF 2.0 — 3.0 ppm 8.0 ppm Free Chlorine — spas 2.0 ppm IF 3.0 — 5.0 ppm 8.0 ppm Combined Chlorine =F None IFone 11 None Bromine — pools 2.5 ppm IF 2.5 — 6.0 ppm 12.0 ppm Bromine — spas 4.5 ppm 5.5 — 7.5 ppm 12.0 ppm pH Levels Minimum Ideal Maximu F I pH Not less than 7.0 IF7.4 7.6�7�8j Water Clarity Minimum Ideal 7 Maximum ]] Bottom and main Bottom and main Bottom and main drain drain shall be clearly drain shall be clearly shall be clearly visible Water turbidity visible at the deepest visible at the deepest at the deepest part of part of the pool or spa part of the pool or spa the pool or spa (Section 265.203(c)) (Section 265.203(c)) (Section 265.203(c)) Spa Temperature Minimum Ideal----T Maximum Temperature °F N/A 102°F or less 104°F (40°C) Stabilizer (cyanuric acid) Minimum Ideal Maximum Cyanuric acid None* -]F- 10.0 40.0 ppm IF 100.0 ppm *Stabilizer shall not be used in indoor pools or spas or brominated pools or spas TDHpoolrules7-3-04.doc Page 73 All rules effective 9-1-04 except for Section 265.190(e) Item 5f ;L�SPER PLANNING W lei OF p Prosper is a place where everyone matters. To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon an ordinance amending Section 1.09.021 of Chapter 1, "General Provisions," and Section 4.09.004, of Chapter 4, "Business Regulations," of the Town's Code of Ordinances relative to permits and insurance requirements for special events and temporary outdoor seasonal sales on Town property, including Town parks. Description of Agenda Item: The purpose of this ordinance is to 1) establish specific insurance requirements for permit holders where alcoholic beverages are served or sold, 2) establish an obligation to obtain all required permits or licenses required by the Texas Alcoholic Beverage Commission, 3) establish the ability for the Town's Police Department to set the appropriate hourly fees when off -duty Police Officers are required to direct traffic, and 4) require that the consumption or possession of alcoholic beverages is prohibited on all Town park properties unless a permit for a special event or temporary outdoor seasonal sales has been obtained from the Town. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofineister, L.L.P., prepared the ordinance. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends Town Council approve the ordinance amending Section 1.09.021 of Chapter 1, "General Provisions," and Section 4.09.004, of Chapter 4, "Business Regulations," of the Town's Code of Ordinances relative to permits and insurance requirements for special events and temporary outdoor seasonal sales on Town property, including Town parks. Proposed Motion: I move to approve an ordinance amending Section 1.09.021 of Chapter 1, "General Provisions," and Section 4.09.004, of Chapter 4, "Business Regulations," of the Town's Code of Ordinances relative to permits and insurance requirements for special events and temporary outdoor seasonal sales on Town property, including Town parks. Page 1 of 1 Item 5f TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-_ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 4.09.004, "PERMIT REQUIREMENTS; ADDITIONAL REGULATIONS," OF ARTICLE 4.09, "SPECIAL EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES," OF CHAPTER 4, "BUSINESS REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES BY REPEALING SUBSECTION (2)(1) OF SAID SECTION 4.09.004 IN ITS ENTIRETY AND REPLACING IT WITH A NEW SUBSECTION (2)(1) AND REPEALING SUBSECTION (3) OF SAID SECTION 4.09.004 IN ITS ENTIRETY AND REPLACING IT WITH A NEW SUBSECTION (3); AMENDING SECTION 1.09.021, "ALCOHOLIC BEVERAGES," OF ARTICLE 1.09, "PARKS AND RECREATION," OF CHAPTER 1, "GENERAL PROVISIONS," OF THE TOWN'S CODE OF ORDINANCES BY PROHIBITING ALCOHOL CONSUMPTION OR POSSESSION UNLESS A PERMIT FOR A SPECIAL EVENT OR TEMPORARY OUTDOOR SEASONAL SALES HAS BEEN OBTAINED FROM THE TOWN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that it will be advantageous, beneficial and in the best interests of the citizens of the Town of Prosper, Texas ("Prosper"), to (i) repeal existing Subsections (2)(1) and (3) of Section 4.09.004, "Permit Requirements; Additional Regulations," of Article 4.09, "Special Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances and (ii) amend Section 1.09.021, "Alcoholic Beverages," of Article 1.09, "Parks and Recreation," of Chapter 1, "General Provisions," of the Town's Code of Ordinances; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has determined that this amendment will promote the public health, safety, and general welfare. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Subsections (2)(1) and (3) of Section 4.09.004, "Permit Requirements; Additional Regulations," of Article 4.09, "Special Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances are hereby repealed in their entirety and replaced with a new Subsection (2)(1) and a new Subsection (3) of Section 4.09.004, "Permit Requirements; Additional Regulations," of Article 4.09, "Special Events and Temporary Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances to read as follows: "Sec. 4.09.004 Permit Requirements; Additional Regulations Item 5f (2) The application for a permit shall contain the following: (1) Insurance. (1) Proof of a liability insurance policy with minimum combined limits of one million dollars ($1,000,000.00). The building official shall require a certificate of insurance that shows such policy is in full force and effect prior to the commencement of the temporary outdoor seasonal sale or special event and provides that the town shall receive notification of cancellation of the insurance coverage. Nonprofit or tax-exempt entities or organizations and governmental entities are exempt from the foregoing requirement. (2) Subject to Town Council approval, for any temporary outdoor seasonal sale or special event on town property where alcoholic beverages are served or sold, including any event where the town is a co-sponsor of the temporary outdoor seasonal sale or special event, the town shall require proof of a comprehensive general liability insurance policy with limits of not less than two million dollars ($2,000,000) for bodily injury and property damages and occurrence; and four million dollars ($4,000,000) total aggregate. The town shall be named an additional insured on all such policies; and the policies shall be in effect for the duration of the temporary outdoor seasonal sale or special event and for at least two years after completion of the temporary outdoor seasonal sale or special event. It shall be the responsibility of the temporary outdoor seasonal sale or special event permit holder to obtain any necessary approvals, permits or licenses for the sale or service of alcoholic beverages on town property, including but not limited to any permits or licenses required by the Texas Alcoholic Beverage Commission. (3) Safe and orderly movement of normal traffic, as solely determined by the town, shall not be substantially interrupted. The town may require the permit holder to provide additional signage for traffic -control and safety -related issues. If any temporary outdoor seasonal sale or special event is located adjacent to a TxDOT- controlled road, a TxDOT sign permit must be obtained, and signs must be in place before a seasonal sale or event permit is issued. (The specific requirement for TxDOT signs may be waived if staff determines that sufficient traffic -control measures are currently in place.) The town police department shall review the event traffic flow and parking plan and may require the event holder to hire an appropriate number of off -duty police officers to direct traffic. In such case, the fees charged shall be those hourly fees as determined by the town police department, with a four-hour minimum per police officer." Ordinance No. 19-_, Page 2 Item 5f SECTION 3 From and after the effective date of this Ordinance, Section 1.09.021, "Alcoholic Beverages," of Article 1.09, "Parks and Recreation," of Chapter 1, "General Provisions," of the Town's Code of Ordinances, is hereby amended to read as follows: "Sec. 1.09.021 Alcoholic Beverages The consumption or possession of alcoholic beverages, including but not limited to, wine, beer, ale and mixed drinks, is prohibited on all park properties located within the town unless a permit for a special event or temporary outdoor seasonal sales has been obtained from the town." SECTION 4 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 5 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 6 This Ordinance shall become effective after its passage and publication, as provided by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2019. APPROVED: Ray Smith, Mayor Ordinance No. 19-_, Page 3 Item 5f ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 19-_, Page 4 Item 5g ;L�SPER PLANNING W lei OF p Prosper is a place where everyone matters. To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon a request by Cedarbrook Media, LLC, to sell alcoholic beverages during the Pride in the Sky event at Frontier Park on July 3, 2019. (AG) Description of Agenda Item: Cedarbrook Media, LLC, (Cedarbrook) has planned, organized, operated, and managed the annual Pride in the Sky event for the past seven (7) years in conjunction with Independence Day celebrations. For the planned July 3, 2019, Pride in the Sky event at Frontier Park, Cedarbrook has requested approval to sell alcoholic beverages at the Town park. Cedarbrook will be required to meet the Town's Code of Ordinances, including the amendments adopted by the Town Council on this agenda. This includes the minimum insurance requirements, permitting and licensing requirements by the Texas Alcoholic Beverage Commission, and the payment for the use of off -duty Police Officers to direct traffic. Town Staff Recommendation: Town staff recommends Town Council approve the request by Cedarbrook Media, LLC, to sell alcoholic beverages during the Pride in the Sky event at Frontier Park on July 3, 2019. Proposed Motion: I move to approve a request by Cedarbrook Media, LLC, to sell alcoholic beverages during the Pride in the Sky event at Frontier Park on July 3, 2019. Page 1 of 1 Item 5h iO WN o F PLANNING p rS PER Prosper is a place where everyone matters. To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 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 that were acted on by the Planning & Zoning Commission at their June 4, 2019, meeting. Per the 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 Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Site Plan for a Town Public Safety Facility 2. Site Plan for an existing Temporary Building at First Baptist Prosper Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Public Safety Site Plan Southwest corner 23,202 sq. ft. Public Safety Prosper Facility of Cook Lane and Facility Police Safety Way Department First Baptist Site Plan East side of 5,146 sq. ft. Temporary First Baptist Prosper Church Street, Building Prosper (Temporary south of First Building) Street Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Page 1 of 1 0 F- N I N N 0 N 0 M U 25' SANITARY SEWER EASEMENT (INST. NO. 2017030800030870) = 833.91' APpRO�Mq I 1 �� i �uMi� I owe I ZONING: A AGRICULTURE EX LAND USE: AGRICULTURE �I w TOWN OF PROSPER, TEXAS VARIABLE WIDTH RIGHT-OF-WAY DEDICATION (INST. NO. 20171013001371870) *0 oft am sm 000 goo ELMER L. TEMPLIN a0 (VOL. 1227, PG. 172) I\v- � N MI N �I CD �M Ol OI 4ZI / 25' SANITARY SEWER EASEMENT— _ — 1 (INST. NO. 20160916001238950) . _ co N LOT 2, BLOCK A PRESTONWOOD ADDITION (INST. NO. 20081031010003880) \ \71EX TREE MASS EXISTING DRAINAGE WAY AND CREEK ZONING: 0, PD-33 OFFICE EXISTING LAND USE: VACANT oy� 100-YR FLOODPLAIN ` 8' MASONR PENDING LOMR SCREEN WAI WROUGHT IRON 8' FENCE x „gyp '1 0' - ft ESMT J.WATER METERS TOWN OF PROSPER CONCRETE HEADWALL INST. NO \ 20170103000006090 L/\ I I\LL — _ MASS ZONING: SF, PD-3 SINGLE FAMILY EXISTING LAND USE: VACANT WATER METER SCHEDULE METER STATUS SIZE TYPE NORTHING EASTING A PROPOSED 2" DOMESTIC 2484811.68 7139417.74 B PROPOSED 1" IRRIGATION 2484806.68 7139417.74 LOT 2, BLOCK A PRESTONWOOD ADDITION TOWN OF PROSPER, Tx (INST. NO. 20081031010003880) VARIABLE WIDTH R.O.W. DEDICATION (INST. NO. 2,075.81' _ 20171013001371870) OHL OHL OHL RE ADDER— — — — �TRACT FOUR" 183 LAND CORPORATION, INC. EXISTING (INST. N0. 97-0005168) DRAINAGE WAY AND CREEK NO TREES EXIST ON THIS SITE WEST PROSPER TRAIL � Z a Q LV INDUSTRY Ld I Y Q <d WAY*LOCATION� 0 ¢THN 0JU< �SAFETY 0 WAY< 5THcDzQFT, PROJECT COLLIN COUNTY WEST FIRST STREET MAPSCO D256 J11 VICINITY MAP (NOT TO SCALE) 0 Y � Qa-o Y 0 O� I ono OQ I mzo °° m o 0 fy N �Ld a-o -1 0 TOWN OF PROSPER I I z 30' WIDE RIGHT-OF-WAY (INST. NO. I TOWN OF PROSPER 20060126000108620) 30' WIDE RIGHT-OF-WAY 60' R.O.W. AND UTILITY EASEMENT (INST. NO. 20060126000108650) 30' WIDE TEMPORARY -OHL 0H1.� I. RIGHT-OF-WAY & AND UTILITY 0) EASEMENT o = 0 (INST. NO. ' 119.2' r f 20060126000108660) BFR — — O 5,.5/8-INCH IRON OD FOUND (C.M.) RSA I 1 � 1 � EDGE OF J SIDEWALK I 30' ROW 00 DEDICATION N w M n I �� w Q 0 or- ❑ BFR I I 0 co 10'x10' ESMT I ih Q o FH.� Ld IM � 0 30 60 120 180 GRAPHIC SCALE IN FEET L— E G E I\I => B. BOLLARD Eft ELECTRIC METER PP, POWER POLE LsA LIGHT STANDARD WMO WATER METER wvo WATER VALVE Icv® IRRIGATION CONTROL VALVE FH¢ FIRE HYDRANT Co. CLEAN OU T MHOO MANHOLE TSC0 TRAFFIC SIGNAL CONTROL TSP. TRAFFIC SIGNAL POLE TELEX TELEPHONE BOX FLOOD LIGHT FP, FLAG POLE slcN TRAFFIC SIGN 1/2-INCH IRON ROD IRS W/"PACHECO KOCH" CAP SET (C.M.) CONTROLLING MONUMENT — — — PROPERTY LINE X FENCE OHL OVERHEAD UTILITY LINE 613 EXIST CONTOUR 450 PROPOSED CONTOUR ZONING: 0/1 PD-26 OFFICE INDUSTRIAL EXISTING LAND USE: VACANT ZONING: SF SINGLE FAMILY EXISTING LAND USE: VACANT OHL REROUTE II EX TREE oy MASS I I\ \ / of� OWNER/APPLICANT TOWN OF PROSPER 200 S. MAIN PROSPER, TX 75078 972-346-3502 SURVEYOR PACHECO KOCH CONSULTING ENGINEERS 7557 RAMBLER ROAD, SUITE 1400 DALLAS, TX 75231 972-235-3031 PERSON OF CONTACT: JONATHAN COOPER, RPLS PRELIMINARY NOT FOR CONSTRUCTION THIS DOCUMENT IS ISSUED FOR THE PURPOSE OF SCHEMATIC REVIEW ONLY AND IS NOT INTENDED FOR PERMITTING, BIDDING, OR CONSTRUCTION PURPOSES. PLANS PREPARED UNDER THE DIRECT SUPERVISION OF DEAN E. VRLA, P.E. TEXAS REGISTRATION NO. 116127 DATE: 05/29/2019 ALL DIMENSIONS ARE TO FACE -OF -CURB UNLESS OTHERWISE NOTED. SITE INFORMATION - PROSPER POLICE STATION EXISTING ZONING PD-95 TOTAL LOT AREA (LOT 1 BLOCK A) (AC) 12.647 ROW DEDICATION (COOK LANE) (SF) 13,155 ROW DEDICATION (COOK LANE) (AC) 0.302 FLOODPLAIN RECLAMATION AREA (AC) 2.36 TOTAL FLOOR AREA RATIO 4.2% TOTAL IMPERVIOUS COVER (SF) 98,372 PERCENTAGE OF SITE COVERED BY IMPERVIOUS COVER 17.9% TOTAL PERVIOUS COVER (SF) 452,512 PROPOSED USE PUBLIC SAFETY GROSS AREA OF BUILDING (SF) 23,202 NUMBER OF STORIES 1 HEIGHT OF BUILDING (FEET) 32 FINISHED FLOOR ELEVATION (FEET) 638.00 PARKING REQUIRED 63 PARKING PROVIDED 95 HANDICAP PARKING REQUIRED 5 HANDICAP PARKING PROVIDED 5 INTERIOR LANDSCAPING REQUIRED (15 SF/ SPACE) (SF) 1,470 INTERIOR LANDSCAPING PROVIDED (SF) 8,546 OPEN SPACE REQUIRED (7%) 38,562 OPEN SPACE PROVIDED (74%) (SF) 408,922 THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. TOWN PROJECT NUMBER: D19-0041 Z O co W U J O rx W y CL PK FILE: 4122-18.264 P K - 412 2-18.26 4- SI TE. D WG D19-0031 SITE PLAN SITE DATA SUMMARY TABLE PROPOSED USE 1. GROSS AREA OF PORTABLE BUILDING (SF) 5146 2. NUMBER OF STORIES 1 3. HEIGHT OF PORTABLE BUILDING (FEET) 12 4. FINISH FLOOR ELEVATION (INCHES) 30 5. PARKING REQUIRED 6. PARKING PROVIDED n/a 109 7. HC PARKING REQUIRED n/a 8. HC PARKING REQUIRED 3 9. TOTAL PARKING 112 West Entry Stair/Ramp Plan 2 SCALE: 1 /4" = V-0" 1.5" Diameter Steel Handrails as Required by ADA Existing Ramp and Stair to be Reused. Height 0'0" Field Verfiy Step Height not to Exceed 6.5". Field Verify 1.5" Diameter Steel Handrails as Required by ADA Top of 2x6 Handrail. Mill to Comply With ADA Regulations (Steel Tube Handrail May be Used as Alternative) Guardrail at 42" AFF. Railing To Be Constructed of 4x4 WD Posts, with 2x4 Rails (NTE 4" Max Spacing), with 2x6 Cont. WD. Cap and WD. Existing Playground Concrete Pavement Asphalt Pavement Fire Lane Guardrail at 42" AFF. Railing Be Constructed of 4x4 WD I with 2x4 Rails (NTE 4" Max with 2x6 Cont. WD. Cap an( Top of 2x6 Handrail. Mill to Comply with ADA Regulatio (Steel Tube Handrail May b( used as Alternative) Double 2x8 Stringer Below Contractor's Option to substitue with 1 - 2x12. Con to Verify in Field Height of P and Adjust Treads and Rise REQD. Riser Height not to Exceed 6.5". Field Verify East Entry OLdir ridr l 1 SCALE: 1/4" = 1'-0" Fire Lane Asphalt Pavement Current End of Pavement I \ �\ I � I � I � 1 Existing Fire Stair ETR — — Existing Covered Drop-off Worship 3149 SF u O r O � N 89d 42'36" E — 334.27' Site Plan 3 SCALE: 1" = 30'-0" Existing Teen Buildin 197 SF / I I I I I I Existing Fire Hydrant Fire Lane Asphalt Pavement Asphalt Pavement Current End of Pavement ►t �i Mail Box S 89d 09'32" W - 30.70' N 89d 32'41" E - 149.39' Item 5h E==W Revision Schedule A r O T� V 1606 00 44 00 N N MOD X M O O N Cn Cn (1] i Q X w � ci O ti (B O U Z Q O =moo W 0 ti X L Q O ^L I..L VJ L U V ) V_ O Cfl 0 N 0 05.15.2019 Construction Documents Portable Building 201 OB U n Item 7 ;ISPER OWN OF Prosper is a place where everyone matters. To: Mayor and Town Council ENGINEERING SERVICES From: Hulon T. Webb, Jr, P.E., Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — June 11, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. Description of Agenda Item: First Texas Homes, Inc., is developing Tanner's Mill and is planning on constructing the southern half of Coleman Street in front of the Prosper High School, as depicted on the Town of Prosper Thoroughfare Plan. Since the proposed thoroughfare is depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of roadway fees collected from the development The purpose of the Roadway Development Agreement is to outline the obligations of the Town of Prosper and First Texas Homes, Inc., related to the design, construction, and reimbursement of collected roadway impact fees to fund the project. Budget Impact: Today's estimated cost for the design and construction of Coleman Street is $649,319. The current anticipated roadway impact fees owed by the Tanner's Mill development are $1,174,005. To comply with the terms of the existing PISD Interlocal Development Agreement associated with the construction of Coleman Street in front of the Prosper High School, any roadway impact fees collected within a portion of the Tanner's Mill development will be credited first towards that agreement. The Town's portion of roadway cost reimbursement to PISD as outlined in that agreement was estimated at $496,712, but the actual roadway participation was $462,510, and has been paid to the PISD. In the event that full reimbursement has not been made to First Texas Homes, Inc., by the Town after the expiration of ten (10) years from the date of the Town's acceptance of Developer's portion of Coleman Street, the Town shall endeavor to reimburse Developer from applicable roadway impact fee funds. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has reviewed the agreement as to form and legality. First Texas Homes, Inc., will contribute $2,500 towards the legal preparation fees. Attached Documents: 1. Town of Prosper Thoroughfare Plan 2. Roadway Development Agreement Page 1 of 2 Item 7 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. Proposed Motion: I move to authorize the Town Manager to execute a Roadway Development Agreement between First Texas Homes, Inc., and the Town of Prosper, Texas, related to construction of Coleman Street to serve the Tanner's Mill development. Page 2 of 2 Item 7 Town of Prosper Thoroughfare Plan — Tanner's Mill King ■iwf�'a C ■■ Item 7 After Rerordine Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) THIS ROADWAY DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this day of , 201_, by and between the Town of Prosper, Texas ("Prosper" or the "Town"), and First Texas Homes, Inc. ("Developer"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, Developer is developing a residential project in the Town known as Tanner's Mill ("Tanner's Mill"), the preliminary plat of which has been approved by the Town, and which contains multiple development phases; and WHEREAS, the legal description of the Tanner's Mill property ("Property") is attached hereto as Exhibit A; and WHEREAS, the Town and Developer wish to address the construction of improvements to certain roadways as well as the timing, construction and payment of associated costs related thereto; and WHEREAS, the Town and Developer acknowledge that the construction of roadways to and in Tanner's Mill is desirable; however, both parties recognize the capital costs associated with the proposed construction; and WHEREAS, the Town and Developer have agreed to the construction of certain Coleman Street improvements (the "Coleman Street Improvements"), with each party having certain obligations related thereto, as depicted in attached Exhibit B and incorporated by reference, with cost estimates and impact fee estimates for the Property described in attached Exhibit C, also incorporated by reference; and WHEREAS, the Town has adopted a Roadway Capital Improvements Plan ("Roadway CIP") as part of its impact fee ordinance, contained in Article 10.02 of Chapter 10 of the Town's Code of Ordinances, as amended, all of which was adopted pursuant to the authority contained in Chapter 395 of the Texas Local Government Code, as amended; and WHEREAS, for purposes of this Agreement and as more fully described herein, the Property is divided into two roadway impact fee reimbursement areas, Reimbursement Area A and Reimbursement Area B, both of which are depicted in attached Exhibit D, incorporated by reference; and ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 1 of 43 Item 7 WHEREAS, in an effort to facilitate the construction of roadways serving Tanner's Mill, the parties have agreed to the terms and provisions of this Agreement; and WHEREAS, this Agreement clearly is in the best interests of the Town and Developer and it is deemed mutually beneficial to each that the construction of roadways to and in Tanner's Mill proceed uniformly; and WHEREAS, the Town and Developer agree and acknowledge that on or about July 22, 2008, the Town entered into a development agreement with Prosper Independent School District (as amended, the "PISD Agreement") which relates, in part, to the Coleman Street roadway improvement project, as more fully described herein and incorporated by reference. A copy of the PISD Agreement is attached hereto as Exhibit E and incorporated herein for all purposes. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant and agree as follows: 1. Roadway Impact Fees and Roadway CIP Protect. Builders on land within Tanner's Mill shall be subject to and shall pay the Town roadway impact fees, pursuant to applicable provisions of the Town's Code of Ordinances, as amended. Adjacent to the development is an impact -fee eligible roadway project ("Roadway CIP Project") which is identified on the Town's Roadway CIP that Developer agrees and has agreed to construct, as reflected in attached Exhibit B. 2. Construction Costs and Reimbursement. Provided Developer constructs, and the Town accepts, any Roadway CIP Project contemplated by this Agreement, Developer shall be reimbursed for all impact fee -eligible costs for the construction costs associated with the Roadway CIP Project, including but not limited to certain construction costs incurred by Developer prior to the date of this Agreement, subject to approval by the Town Engineer. The phrase "construction costs" as used herein shall mean the actual construction costs, including design costs, construction costs, engineering costs, surveying costs and geotechnical materials testing associated with the Roadway CIP Project. The current estimated construction costs for the Roadway CIP Projects are reflected in attached Exhibit C. No construction costs for any Roadway CIP Project shall be incurred by Developer until Developer submits the construction costs to the Town Engineer for review and written approval, with the exception of those construction costs incurred by Developer prior to the date of the Agreement, as noted above. The Town will use its reasonable efforts to forward any reimbursement amount to Developer, quarterly and as applicable, on January 15, April 15, July 15, and October 15 of each year beginning the first quarterly date after the Town accepts any Roadway CIP Project. ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 2 of 43 Item 7 3. Reimbursements from P.I.S.D. Escrow to Developer for Prosper High School. The Town agrees to reimburse Developer the existing P.I.S.D. Escrow funds, in the amount of $69,300.00, for paving improvements by Developer to serve the Prosper High School. Such reimbursement shall be made to Developer by the Town within thirty (30) days of the Town's acceptance of the Roadway CIP Project that includes the paving improvements to serve the Prosper High School. 4. Reimbursements from Roadway Impact Fees; Effect of PISD Agreement. Any reimbursement to Developer contemplated by this Agreement shall come only from roadway impact fees collected by the Town from eligible development in Tanner's Mill. Specifically, (i) any roadway impact fees collected from eligible property in Reimbursement Area A of the Property shall first be applied to any outstanding roadway impact fees to be reimbursed to PISD, as reflected in the PISD Agreement, and once the reimbursement obligations are met for the PISD Agreement, roadway impact fees collected by the Town as contemplated by this Agreement shall be paid to Developer until the entire amount due to Developer is paid in full; and (ii) any roadway impact fees collected from eligible property in Reimbursement Area B of the Property shall be applied to any outstanding roadway impact fees to be reimbursed to Developer. The reimbursement of roadway impact fees for any Roadway CIP Project shall cease when the amount tendered, through the reimbursement of collected roadway impact fees equals the construction costs, as reflected in Exhibit C, which exhibit reflects the current anticipated roadway impact fees to be collected by Developer and reimbursed by the Town. 5. Timing of Reimbursement by the Town. Once the Town has reimbursed Developer P.I.S.D. Escrow funds for paving improvements to serve the Prosper High School and all obligations related to the PISD Agreement have been fulfilled, roadway impact fees collected by the Town can either continue to be collected and reimbursed quarterly in accordance with Paragraph 2 above, or future roadway impact fees waived up to the outstanding balance of remaining reimbursement. 6. Obligation to Reimburse. In the event that full reimbursement has not been made to Developer by the Town after the expiration of ten (10) years from the date of the Town's acceptance of Developer's portion of Coleman Street as set forth in Paragraph 2 above, as reflected in the Roadway CIP and as contemplated by this Agreement, the Town shall endeavor to reimburse Developer from applicable roadway impact fee funds. 7. Third Party Roadway Project Rights -of -way. (a) The parties shall cooperate with each other in obtaining from third parties any and all rights -of -way ("Third Party Roadway Project Rights -of -way") for any Roadway CIP Project depicted in Exhibit B. ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 3 of 43 Item 7 (b) Developer shall be responsible for any and all costs and expenses associated with acquiring, by purchase or condemnation, all Third Party Roadway Project Rights -of -way, including, but not limited to, title work, appraisals, expert fees, attorneys' fees and expenses, engineering fees and expenses, surveying fees and expenses, court costs, commissioner's fees and costs of appeal, if any ("Right-of-way Acquisition Fees"). If requested by the Town, Developer shall, at its sole cost and expense, lead all right-of- way acquisition efforts for the Third Party Roadway Project Rights -of -way, including, but not limited to, providing all necessary engineering and surveying support required to obtain the Third Party Roadway Project Rights -of -way as required. Developer shall pay any and all Right-of-way Acquisition Fees within twenty-one (21) calendar days of receiving a written request from the Town for the same. (c) The Town will, at Developer's sole cost and expense, provide, among any other assistance deemed reasonably necessary by the Town, technical, engineering, legal and administrative assistance, as selected by the Town, to acquire, by purchase or condemnation, the Third Party Roadway Project Rights -of -way. The Town shall review and approve any and all documents associated with the Third Party Roadway Project Rights -of -way required herein. If the Town determines, in its reasonable discretion, that condemnation proceedings are necessary to secure the Third Party Roadway Project Rights -of -way, the Town shall have the right to, at Developer's sole cost and expense, take any and all steps the Town deems necessary to initiate said proceedings. (d) The Third Party Roadway Project Rights -of -way shall be filed and recorded prior to the commencement of construction of any Roadway CIP Project or any portion thereof, unless a Right of Entry is secured, a condemnation award is tendered with the registry of the court and/or a right of possession by any other means is obtained on an earlier date. (e) If the Third Party Roadway Project Rights -of -way are not obtained, or the Town has not secured the right to possess, in a form reasonably acceptable to the Town, the land made the subject of the Third Party Roadway Project Rights -of -way, within ninety (90) days after the execution hereof on terms acceptable to the Town, then the Town shall commence, and thereafter diligently pursue to completion, condemnation proceedings to obtain such Third Party Roadway Project Rights -of -way as soon as reasonably possible. Notwithstanding anything to the contrary herein, the Town and Developer agree that the Town may initiate condemnation proceedings prior to the expiration of the ninety (90) days referred to in this Paragraph. 8. Understanding of the Parties _Regarding Impact Fees Collected. Developer and the Town acknowledge and agree that: (i) the roadway impact fees collected may be less than the reimbursements to which Developer is entitled; and (ii) roadway impact fees owed on the Property shall be paid in accordance with the Town's impact fee ordinance, as amended. ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 4 of 43 Item 7 9. Assignment. Developer shall have the right to assign this Agreement, in whole or in part, only to one or more parties purchasing undeveloped portions of Tanner's Mill, which party (or parties) shall have the option to construct any Roadway CIP Projects located in such portions. As to the sale of land by Developer to any party to whom this Agreement has not been assigned, in whole or in part, the purchaser thereof shall have no rights or obligations under this Agreement and this Agreement shall not apply with respect to such land. This Agreement shall not be filed of record. 10. Default. If Developer fails to comply with any provision of this Agreement after receiving fifteen (15) days' written notice to comply from Town or such longer period as may be reasonably necessary provided that Developer commences to cure the default or breach within the 15-day period and proceeds with reasonable diligence thereafter to complete such cure, then so long as such default continues and is not cured, Town shall have the following remedies, in addition to Town's other rights and remedies: (a) to refuse to accept any public improvements as to the applicable portion of Tanner's Mill to which the default relates; and/or (b) to construct and/or complete the Roadway CIP Projects and to recover any and all costs and expenses associated with the construction and/or completion of same, including, but not limited to, any and all reasonable attorney's fees and costs associated therewith; and/or (c) to seek specific enforcement of this Agreement. In the event Town fails to comply with the terms and conditions of this Agreement, Developer may seek specific enforcement of this Agreement and/or bring suit to recover any amounts due and owing hereunder (but not consequential or punitive damages) as its sole and exclusive remedies. 11. Other Applicable Development Ordinances. Unless otherwise expressly stipulated in this Agreement, nothing herein shall relieve any developer from responsibilities for the construction of other public improvements under applicable development ordinances of the Town. 12. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Venue for any action arising under this Agreement shall lie in Collin County, Texas. ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 5 of 43 Item 7 13. Notices,. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: If to the Town: The Town of Prosper, Texas P.O. Box 307 Prosper, Texas 75078 Attn: Town Manager's Office If to the Developer: First Texas Homes Keith Hardesty First Texas Homes, Inc. 500 Crescent Court, Suite 350 Dallas, Texas 75201 14. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 15. Sovereign Immunity. The parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has waived its sovereign immunity, and to that extent only. 16. Effect of Recitals. The recitals contained in this Agreement: (a) are true and correct as of the effective date; (b) form the basis upon which the parties negotiated and entered into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent of the parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the parties reflected by the recitals, would not have entered into this Agreement. ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 6 of 43 Item 7 17. Consideration. This Agreement is executed by the parties hereto without coercion or duress and confessed. for substantial consideration, the sufficiency of which is forever 18. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 19. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. 20. Savings/Severability. Invalidation of any one of the provisions of this document by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 21. Notification of Sale or Transfer. The Developer shall notify the Town in writing of a sale or transfer of all or any portion of the Property where Developer plans to assign all or a portion of this Agreement, as contemplated herein, within ten (10) business days of such sale or transfer. 22. Authority to Execute. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. This Agreement is and shall be binding upon the Developer, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 23. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 24. Indemnification. From the Effective Date of this Agreement to the date on which all work with respect to a Roadway CIP Project is completed and all improvements, as contemplated herein, have been accepted by the Town, Developer, individually and on behalf of its respective officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees, does hereby agree to release, defend, indemnify and hold harmless the Town and its elected and appointed officials, officers, employees and agents from and against all damages, injuries (including death), claims, property damages (including loss of use) losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses (including attorney's fees and ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 7 of 43 Item 7 expenses incurred in enforcing this indemnity), caused by the negligent, grossly negligent, and/or intentional act and/or omission of the applicable developer, its officers, directors, partners, employees, representatives, agents, or any other third parties for whom such developer is legally responsible, in its/their performance of this Agreement, including but not limited to, the construction of the Roadway CIP Projects contemplated herein (hereinafter "claims"), with the exception of any claims that are caused by the gross negligence or willful misconduct of the Town. Developer is expressly required to defend the Town against all such claims arising under this Agreement, and the Town is required to reasonably cooperate and assist developer(s) in providing such defense. 25. Approval of Counsel. In its reasonable discretion, the Town shall have the right to approve counsel to be retained by Developer in fulfilling its obligation hereunder to defend and indemnify the Town. The Town reserves the right to provide a portion or all of its' own defense, at its sole cost; however, the Town is under no obligation to do so. Any such action by the Town is not to be construed as a waiver of Developer's obligation to defend the Town or as a waiver of Developer's obligation to indemnify the Town pursuant to this Agreement. Developer shall retain Town -approved defense counsel within seven (7) business days of the Town's written notice that the Town is invoking its right to indemnification under this Agreement. 26. Survival_ Paragraph 24, "Indemnification," shall survive the termination of this Agreement. 27. Additional Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had the opportunity to confer with its counsel. 28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 29. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. 30. ApplicabilitV of Town Ordinances. The signatories hereto shall be subject to all applicable ordinances of the Town, whether now existing or in the future arising. 31. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 8 of 43 Item 7 have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. 32. Attorney's Fees. Developer agrees to pay, or cause to be paid, to Prosper any attorney's fees charged to Prosper by Prosper's legal counsel for, among other things, legal review and revision of this Agreement and all further agreements, ordinances or resolutions contemplated by this Agreement, negotiations and discussions with Developer's attorney and the provision of advice to applicable Prosper Town Staff and the Prosper Town Council, in an amount not to exceed $2,500.00 within ten (10) days upon receipt of an invoice of same from Prosper. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written. THE TOWN OF PROSPER, TEXAS By: _ Name: Harlan Jefferson Title: Town Manager STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the _T day of 201__, by Harlan Jefferson, Town Manager for the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. Notary Public, State of Texas FIRST TEXAS HOMES, INC., corporation M Keith Hardesty Title: Division President ROADYIfAY D:VELOPMENT AGREEMENT (TANNER'S MILL) — Page 9 of 43 a Texas Item 7 STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Keith Hardesty, Division President of First Texas Homes, Inc., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated, on behalf of such entity. Given under my hand and seal of office this day of _ 201� . 0 n I ;9C). \101 �I:, NLG /ReF&' ��'•� Nv#a Ic Ina for the S #e o Texas My commission expires: 50 11,11JIl i 4. 1 ROADWAY DEVELOPMENT AGREEMENJ (TANNER'S MILL) - Page 10 of 43 Item 7 EXHIBIT A (Property Legal Description) (Next 2 Pages) ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) - Page 11 of 43 Item 7 Tanner's Mill METES AND BOUNDS DESCRIPTION BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, and the Spencer Rice Survey, Abstract No. 787, Town of Prosper, Collin County, Texas, the subject tract being all of a tract of land conveyed to H&M FUND II, LLC according to the deed recorded in Document Number 20120507000534630 of the Deed Records, Collin County, Texas (DRCCT), the subject tract being more particularly described as follows; BEGINNING at 1/2" capped iron rod found for the northwest corner of that certain tract described in deed to Saddle Creek Investments, Ltd., recorded in Document Number 20061025001532680 DRCCT, and being the inset southeast corner of said H&M FUND II, LLC tract; THENCE S 00°25'06" E, 437.46 feet along the common line thereof to a 1/2" capped iron rod found labeled "RPLS 4613" for the northeast corner of that certain tract described in deed to Beazer Homes Texas, L.P., recorded in Document Number 20110307000244060 DRCCT; THENCE along the common lines thereof, the following courses: N 89°58'29" W, 192.77 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; S 89°39'11" W, 215.60 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; N 89°51'07" W, 325.90 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; S 89°30'15" W, passing at 359.09 feet the northeast corner of Ariana Estates, Phase 1, an addition to the Town of Prosper according to the plat thereof recorded in Cabinet 2007, Pages 385 & 386, Plat Records, Collin County, Texas (PRCCT), continuing along the common line thereof a total distance of 432.32 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; S 89°27'14" W, 409.81 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; N 89°49'22" W, passing at 115.10 feet the common corner between said Ariana Estates, Phase 1, and said Beazer Homes Texas, L.P., tract, continuing a total distance of 608.01 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; And S 89°26'17" W, 418.74 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set on the east line of North Coleman Street (a variable width right-of-way), from which a 1/2" iron rod found in the approximate centerline of said street bears S 89°26'17" W, 45.01 feet, and from which a 1/2" capped iron rod found labeled "RPLS 4613" bears S 34°18'02" E, 0.68 feet; THENCE N 00°36'29" W, 1034.01 feet along the common line thereof to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; Item 7 THENCE continuing along said common line, around a tangent curve to the right having a central angle of 90°07'53", a radius of 1005.00 feet, a chord of N 44°27'27" E - 1422.91 feet, an arc length of 1580.95 feet to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; THENCE N 89°31'24" E, 1611.70 feet continuing along said common line to a 1/2" capped iron rod found labeled "RPLS 4613" on the west line of that certain tract described in deed to Ganapathy, Ltd., recorded in Document Number 2005-0046579 DRCCT; THENCE S 00°09'12" E, along the common line thereof, passing at 98.66 feet a 1" iron rod found for the common corner between said Ganapathy, Ltd., tract, and that certain tract described in deed to Guhan, LLC, recorded in Document Number 2005-0033402 DRCCT, continuing along the common line thereof a total distance of 785.03 feet to 1/2" iron rod found; THENCE S 89025'12" E, 40.49 feet continuing along said common line to a 5/8" iron rod found; THENCE S 00°06'55" E, 480.15 feet continuing along said common line to a 1/2" iron rod found; THENCE S 89033'53" E, 2507.42 feet continuing along said common line to a 3/8" iron rod found on the west line of Preston Road (a variable width right-of-way); THENCE S 01"02'23" E, 63.05 feet along said right-of-way to a 1/2" iron rod with a yellow cap stamped "SPIARSENG" set; THENCE S 01°24'50" W, 287.01 feet continuing along said right-of-way to a TxDOT right-of-way monument found for the northeast corner of Saddle Creek Phase One, an addition to the Town of Prosper according to the plat thereof recorded in Cabinet 2008, Pages 52 & 53 PRCCT; THENCE N 89°33'53" W, along the common line thereof, passing at 902.83 feet the common corner between Saddle Creek Phase One and said Saddle Creek Investments, Ltd., tract, continuing along the common line thereof a total distance of 2542.40 feet to the POINT OF BEGINNING with the subject tract containing 6,034,729 square feet or 138.538 acres of land. Item 7 EXHIBIT B (Roadway CIP Projects to be Constructed by Developer) (Next 1 Page) ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 14 of 43 Item 7 � o N cE �'o X �_ m E d w H t� X Z Z o o lf� Z uj Z Z O LLJ U o � I F- -- -- -- > ki d W o �(f) _ 00 o cn o tY CL �o cu f l i Item 7 EXHIBIT C (Anticipated Phasing of Development, Cost Projections and Anticipated Impact Fees) (Next 1 Page) ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 16 of 43 Item 7 Exhibit C Tanner's Mill, Prosper, TX Coleman Street Improvements Impact Fees Development Phase Lot Counts Impact Fees Available ($3,727/lot) 1A 17 $ 63,359.00 1B 116 $ 432,332.00 1C 108 $ 402,516.00 ID 74 $ 275,798.00 Totals 315 $ 1,174,005.00 Note: Phasing projections are based upon current estimates and are subject to change at any time due to economic or other conditions. Tanner's Mill, Prosper, TX Coleman Street Improvements Cost Estimate Item Cost Erosion Control $ 27,385.00 Storm Sewer $ 40,520.00 Paving $ 442,385.40 Geotechnical Report & CMT $ 15,000.00 Engineering and Construction Staking $ 73,000.00 Contigency (10%) $ 51,029.04 Total $ 649,319.44 **P.I.S.D. Escrow - $69,300.00 Notes: 1) Please see itemized cost estimate for detail. 2) No Town inspection fees will be charged for the Coleman Street Improvements. Item 7 EXHIBIT D (Depiction of Reimbursement Area A and Reimbursement Area B) (Next 2 Pages) ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 18 of 43 Item 7 Item I n rq C. i.. nG/[d. —i -4 —C w � jNONNIrs■i N< X � N t0 O Z Z 8 O Z N 0 O r. V N N aWa W N W o p U v a b o Lo II O ui 0 U N Item 7 EXHIBIT E (PISD Agreement) (Next 22 Pages) ROADWAY DEVELOPMENT AGREEMENT (TANNER'S MILL) — Page 21 of 43 Item 7 4ruVJTv r owe ar- P0SPEfl- Q�1Ifl�7300�0 74�0 �II�IIII�7�3�0�12 I1�OI 03:35:12 PM AG 1J23 �i) 64� 3cPsc 1�o �� Qg vP�P, ; 1-61: 1-01OAl Sg"rr4t' INTERLOCAL DEVELOPMENT AGREEMENT This Interlocal Development Agreement ("Agreement') is made and entered into this day of �1&. n~ Y , 2008, by and between the Town of Prosper, Texas, a municipal corporation organized under the laws of the State of Texas ("Town"), with the authorization of its governing body, and the Prosper Independent School District, a political subdivision of the State of Texas ("PISD"), with the authorization of its governing body (collectively referred to as the "Parties"). WHEREAS, the PISD executed a Professional Services Agreement with PBK to complete design, bid package preparation and construction documents for the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Notthern Santa Fe Railroad (BNSF), and upon completion of design solicit bids and construct the hmprovements. WHEREAS, the Parties recognize the public interest of jointly developing the design and construction of the Improvements as set forth herein; and WHEREAS, pursuant to the authority of the Interlocal Cooperation Act, Town and PISD are political subdivisions of the State of Texas having the authority to contract and agree to perform governmental functions and services; and WHEREAS, the Parties acknowledge that they have the authority to enter into this Agreement and to perform the obligations of each governmental entity pursuant to this Agreement; and WHEREAS, the Parties further acknowledge that §791.026 and §791.028 of the Interlocal Cooperation Act specifically authorizes local governments to contract with one another to pay jointly all or part of the costs of water, wastewater and roadway projects; and WHEREAS, the Parties have investigated and determined that Projects A and B are water and wastewater projects as contemplated by §791.026 of the Interlocal Cooperation Act; and WHEREAS, the Parties have investigated and determined that Project C is a roadway project as contemplated by §791.028 of the Interlocal Cooperation Act; and WHEREAS, because this Agreement involves and constitutes the exercise of a governmental Rinctionn or services by Town and/or PISD, the Parties finther acknowledge and agree that this Agreement is intended to be enforceable to the maximum extent authorized by the Interlocal Cooperation Act. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Deserintiotns anus/or Del)ictions of the Water Litre Improvements. The Water Line Improvements are individually and collectively referred to herein as "Project A" and consist of the following components described below and as depicted on Exhibit "A": Interlocal Agreement — Town and PISD Page I Prosper 1.1 igh school — 301 East Coleman 522859.v2 Item 7 a. Construction of approximately 2,000' of 16" water line along Coleman Road from south of the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), to the southwest corner of the Prosper High School. b. Construction of approximately 4,000' of 16" water line from the southwest corner of the Prosper High School to the northeast corner of the Prosper High School. e. Construction of approximately 2,800' of 16" water line from the northeast corner of the Prosper High School along Frontier Parkway to Preston Road (SH 289). 2. Descriptions andlor De fictions of the Sewer Line Improvements. The Sanitary Sewer Line Improvements are individually and collectively referred to herein as "Project B" and consist of the following components described below and as depicted on Exhibit "B". a. Construction of approximately 700' of sanitary sewer line along Coleman Road from south of the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), to the southwest corner of the Prosper High School. b. Construction of approximately 3,200' of sanitary sewer line from the southwest corner of the Prosper High School to the north side of the Prosper High School. C. Construction of approximately 1,000' of sanitary sewer line from the north side of the Prosper High School to the northeast corner of the Prosper High School, 3. Descriptions and/or Depictions of the Roadway Improvements, The Roadway Improvements are individually and -collectively referred to herein as "Project C" and consist of the construction of two lanes (2) of East Coleman Road adjacent to the Prosper High School, located at the southeast corner of Frontier Parkway and the Burlington Northern Santa Fe Railroad (BNSF), including concrete curb and gutter streets with underground drainage, as depicted on Exhibit "C". 4. Pro ect Estimated Comstruc.tion Costs. The estimated constrlretion costs associated with the Projects are as follows: • Proicet A: Water Line Improvements = $573,743 a Project B: Sanitary Sewer Line Improvements = $279,563 Project C: Roadway Improvements = $1,840,749 Inter -local Agreement —`Town and PISD Page 2 Prosper High school — 301 Cast Coleman 522359A Item 7 5, Parties' Prorata Share of Project Construction Costs. The Parties' prorata share of the Project Estimated Construction Costs as depicted on Exhibits "D" and "E" are summarized as follows: • Project A: Water Line Improvement = $573,743 In accordance with the Town of Prosper's Capital Improvement Plan, the size of the water line necessary to facilitate the Prosper High School and surrounding developments is greater than the size of a water line necessary to only serve the Prosper High School. Therefore the Town's pro-rata share of the Project Estimated Construction Costs is calculated as the difference between the total cost of Project A and the cost of a water line necessary to only serve the Prosper High School. Additional detail is provided in Exhibit "D" and is summarized below: o PISD (Items 2 and 4) = $190,956 (Prorata Share of Project A = 33%) o Town (Difference) — $382,787 (Prorata Share of Project A = 67%) • Project B: Sanitary Sewer Line Improvements = $279,563 In accordance with the Town of Prosper's Capital Improvement Plan, the size of the sanitary sewer line necessary to facilitate the Prosper High School and surrounding developments is greater than the size of a sanitary sewer line necessary to only serve the Prosper High School. Therefore the Town's pro -rats share of the Project Estimated Construction Costs is calculated as the difference between the total cost of Project B and the cost of a sanitary sewer line necessary to only serve the Prosper High School. Additional detail is provided in Exhibit "D" and is summarized below: o PISD (Items 7 and 9) = $84,514 (Prorata Share of Project B = 30%) o Town (Difference) _ $195,049 (Prorala Share of Project B = 70%) • Project G: Roadway Improvements = $1,840,749 In accordance with the Town of Prosper's Thoroughfare Plan and the Traffic Impact Analysis provided by the PISD, the construction of a portion of East Coleman Road is necessary to facilitate the Prosper High School. Included in this project is the necessary underground storm drainage system to serve the Prosper High School and surrounding developments. Therefore the Town's pro-rata share of the Project Estimated Construction Costs is calculated as the difference between the total cost of the underground storm drainage system in Project C and the cost of the capacity in the underground storm drainage system necessary to only serve the Prosper High School. Additional detail is provided in Exhibit "B" and is summarized below: o PISD (Road - Drainage) = $1,025,319 (Prorata Share of Project C = 100%) o PISD (Drainage) = $318,718 (Prorata Share of Project C = 73%) o 'Town (Oversize Drainage) = $496,712 (Prorata Share of Project C = 27%) Interlocal Agreement — Town and PISD Page 3 Prosper I [igh school — 301 East Coleman 522859.0 Item 7 TOTAL COST OF PROJECTS A-C: = $2,694,055 PISD: = $1,619,507 (Prorata Share of Project = 60%) Town: = $1,074,548 (Prorata Share of Project = 40%) 6. Costs Paid by Parties. To facilitate the timely design and construction of the Projects, the PISD will fund 100% of the design costs for the Projects with no prorata share reimbursement from the Town. The Project Estimated Construction Costs as depicted in Exhibit "D" and "E" are to be fitnded by the PISD and the anticipated reimbursement by the Town for the Town's prorata share based on the Project Estimated Construction Costs is provided below. Prior to any payment by the Town, the PISD will provide Actual Construction Costs to the Town for verification. The Town will reimburse the PISD for the prorata share of the Actual Construction Costs based on the same methodology utilized to calculate the Project Estimated Construction Costs. a. Project A ($382,787): With the development of the adjacent properties within the service area boundary as depicted in Exhibit "F", water impact fees will be collected by the Town. As these impact fees are collected, the Town will reimburse the PISD semi-annually (April and October) the fees collected until the Town's prorata share of Project A is paid in full. b. Project B ($195.049): Within thirty (30) business days of receiving the PISD's completion of the Project and Final Acceptance of the Prosper High School Addition Project, the Town will tender hinds equal to the Town's prorata share of the Project Estimated Construction Costs for Project B. c, Project C ($496712): With the development of the adjacent properties within the service area boundary as depicted in Exhibit' P", roadway impact fees will be collected by the Town. As these impact fees are collected, the Town will reimburse the PISD semi-annually (April and October) the fees collected until the Town's prorata share of Project C is paid in full. d. Prior to the final acceptance of the Prosper High School Addition Project, the PISD shall tender to the Town any remaining funds for fees required by Town Ordinances including but not limited to inspection fees and escrow fees for future improvements to facilitate the Prosper High School. 7. Term of Aereeinent. This Agreement shall become effective on the date set forth below and shall terminate upon Town's final acceptance of the entire Project and the payment of all monies in accordance with this Agreement. 8. Sovereign Immunity, Neither Party has waived its sovereign immunity by entering into and performing its obligations under this Agreement. 9. Assignment. Neither Party hereto shall transfer or assign any of its rights hereunder to a third Party. Interlocal Agreement —Town and PISD Page 4 Prosper High School — 301 East Coleman 522859.v2 Item 7 10. Notice, Any notice required or permitted under this Agreement shall be given in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of saute to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Town, addressed to it at: Town of Prosper ATTN: Town Manager 121 West Broadway P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 Facsimile: (972) 3 46 -2111 If to Prosper Independent School District, addressed to it at: Prosper Independent School District Attn: Superintendent P. O. Box 100 Prosper, Texas 75078 Telephone: 972-346-3 316 Facsimile: 972-3 46-9247 It. Cumulative Rernedies. All rights and remedies of Parties under this Article shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of the Agreement. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. 12. Waiver of Breach. A waiver by either Party of a breach of the Agreement by the other Party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. 13. Sayings/Seyerohility. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uttenforceability shall not arfeel any other pr(wision thereof, rind this Agreement shall be construed as if such vtvalid, illegal or unenforceable provision had never been contained herein. 14. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed. 15. No Third Pariv Beneficiaries. Nothing in this Agreement shall be construed to lnterlocaI Agreement —Town And P18D Page 5 Prosper High School — 301 East Coleman 522S59.v2 Item 7 create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third party beneficiaries by entering into this Agreement. 16. Incorno_ratio_u_ of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the Parties. 17. Entim Ap_reemcnt, This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 18. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 19. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 21. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof: The Parties agree that the performance by the Parties under this Agreement is authorized by Section 212.071, et. seq, of the Texas Local Goverrunent Code. 22. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. 23. Miscellaneous Drafting PrWsi nr4. This Agreement shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings iri this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 24. Force Maicur•e. Neither Town nor PISD shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which means acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control Interlocal Agreement — Town and PISD Page 6 Prosper High School -- 301 East Coleman 522859A Item 7 of the Town or PISD and which by the exercise of due diligence by the Town or PISD is unable, wholly or in part, to prevent or overcome, IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. Attest: r?atthew D. Denton, TRMC ecretary TOWN OF PROSPM; TEXAS Mike Land, Fowl; Manager Date: // Z3 PROSPER INDEPENDENT SCHOOL.)KSTRICT Watkins, Superintendent Date: 9 - S— Op Interlocal Agreenieut — Town and PISD Page 7 4 Prosper High School -- 301 Eur Coleman 522859.v2 Item 7 EXHIBIT A DESCRIPTION AND/OR DEPICTION ION OF WATER LINE IMPROVEMENTS [ 1 page attached] Interlocal Agreement — Town and P18A Page 8 Prosper High School — 301 East Coleman Item 7 N m� N (0 + + N (D OR � ,1 V) Z Z Z 00 N r� + o O N tp � N N II it 11 a a a F- maim z 2a 0 F za Q J Q m W41 I, J Cr) O = r Item 7 EXfff 3IT R DESCRIPTIONAND/OR DEPICTION Or, SANITARY SEWER LINE IMPROVEMENTS [ 1 page attached] 1nterlocal Agreement — Town and PISD Page 10 Prosper High School — 301 East Coleman Item 7 z o� Item 7 EXHIBIT C DESCRIPTION AND/OR DEPICTION OF ROAD WAY IMPROVEMENTS [ 2 pages attached] Interloca[ Agreement — Town and PISD Page 12 Prosper High School — 301 East Coleman Item 7 {m- L.IT_1 �.A... LIJ 31NI-1HO-LVVA ell -r I Z O o` O C 0 cp c N Lj ¢ o 0 a- _i -o• - d 000° SUE (1) o U Item 7 oo Al W ss� �_ �� _� •-t � tk 1 jV .I tla. 3N1'iHO-LVIN as 2 n c U F to W L o a.J-0N Q0 [Y = G 0- U E V) a C} { Item 7 PROJECT ESTIMATED CONSTRUCTION COSTS (WA TER LINE AND SANITARY SEWER IMPROVEMENTS) [ 3 pages attached] Interlocal Agreement— Town and PISD Page 15 Prosper High School — 30l East Coleman Item 7 Prosper Nigh School City Infrastructure Vs. School Needs roject Aa: Project Estimated Construction Cost - water fine sized per Town's CIP Item t# Description Quantity Unit knit Price Total 1 16" PVC Water 2024 LF $34.60 M,0:it].00 16" Gate Valve 2 EA $3,217.00 $6,434,00 16" x 12" Tee 1 EA $1,539.00 $1,539.00 16" x 8" Tee 1 EA $1,322.00 $1,322.00 10" X 6" Tee 2 EA $1,227,00 $2.654.00 16" x 12" Reducer 1 , EA $718.00 $718.00 Connect to Existing 1 EA $1,739.00 $1,739.00 16" Bend 2 EA $912.00 $1,824.00 Item 1 Total $86,160.00 Project Aa: Construction Cost of adequate sized water line to serve PISD Item #R Description Quantity Unit Unit Price Total 2 12" PVC Water 2024 LF $23.80 $48,171.00 12" Gate Valve 2 EA $1,732.00 $3.464.00 12" x 12" Tee 1 EA $856.00 $855.00 12" x 8" Tee 1 EA $695.00 $695.00 12" x 6" Tee 2 EA $684.00 $11368.00 Connect to Existing 1 EA $1.739,00 $1,739.00 12" Bend 2 EA $479.00 $958.00 Item 2 Total $57,250.00 Project Ab: Project Estimated Construction Cost - water line sized Per Town's CIP Item # Description Quantity Unit Unit Price Total 3 16" PVC Water 4087 LF $34.60 $141,410.00 16" Gate Valve 13 EA $3,217.00 $41,821.00 16" Tee 1 EA $1,938.00 $1,938.00 16" x 12" Tee 5 EA $1,639.00 $7,695.00 16" x 8" Tee 1 E4 $1,322.00 $1,322.00 16" X 6" Tee 9 EA $2,554.00 $11,493.00 16" x 4" Tee 1 EA $1,436.00 $1,430.00 16" Bend 2 EA $912.00 $1,824.00 16" Plug 1 EA $650,00 $660.00 Item 3 Total $209,689.00 Item 7 Project Ab: Construction Cost of adequate sized water line to serve PISD Item # Description Quantity Unit Unit Price Total 4 12" PVC Water 4087 LF _ ; 21 0 $97,271.00 12" Gate Valve 13 EA $1,732.00 $22,516.00 12" Tee 1 EA $855.00 $855.00 12" x 12" Tee 5 EA $855,00 $4,275.00 12" x 8" Tee 1 FA $696.00 $696.00 12" x 6" Tee 9 EA $684.00 $6,156.00 12" x 4" Tee 1 FA $661,00 $861.00 12" Bend 2 EA $479.00 $958.00 12" Plug 1 , EA $319,00 $319.00 Item 4 Total $133,706.00 Project Ac: Project Estimated Construction Cost - water line sized per Town's CIP Item it Description quantity Unit Unit Price Total 5 1G" C905 DR18 PVC Water 2825 I..F $42.50 $$121,192.50 24" Dry Bore & Steel Casing 143 LF $328.90 $47,032.70 12" C900 DR18 10 LF $27.50 $275.00 6" C900 DR14 60 LF $20.10 $1,206.00 24" Steel Casing by Open Cut 140 LF $99.30 $13,902.00 Remove & Reinstall 16" Water Line 55 LF $19.40 $1,067.00 16" Butterfly Valve & Box 4 EA $3,217.00 $12,868.00 12" Gate Valve & Box 4 EA $1,789.00 $7,166.00 6" Gate Valve & Box 6 EA $735,00 $4,410.00 Connect to Existing Stubout 1 EA $584.00 $584.00 Standard Fire Hydrant 6 EA $2,217.00 $13,302.00 16" x 6" Tee 6 EA $1,277.00 $7,662.00 Cut -in 12" x 12" Tee 1 EA $1,542.00 $1,542.00 10" Bend 2 EA $912.00 $1,824.00 16" Vertical Bend 3 EA $1,340.00 $4,020.00 16" x 12" Tee 1 EA $1,596.00 $1,596.00 16" x 12" Reducer 1 EA $718.00 $718.00 16" x 16" Tee 1 EA $1,984.00 $1,984.00 16"Plug 1 EA $673.00 $673,00 12" Plug 1 EA $353.00 $353.00 City Required Maintenance Bond 1 EA $713.00 $713.00 Traffic Control 1 LS $1,710.00 $1,710.00 Trench Safety 3090 LF $0.10 $309.00 Layout 1 LS $3,420.00 $3,420.00 Water stubs for future connections 1 LS $28,475.00 $28,475.00 Item 5 Total $277,994,20 Item 7 Project Ba: Project Estimated Construction Cost - sanitary line sized per Town's GIP L Item # Description Quantity Unit Unit Price Total J 6 24" f'VC Sewer 580 LF $$52.60 _ $30,160.00 21" PVC Sewer 77 LF $44.30 $3,411.00 5' Manhole 3 EA $4,929.00 $14,787.00 Item 6 Total $48,358.00 Project Ba: Construction Cost of adequate sized sanitary sewer line to serve PISD Item # Description Quantity Unit Unit Price Total 7 8" PVC Sewer 657 LF $15,60 S 10,249.00 4` Manhole 3 EA $2,627,00 $7,881.00 Item 7 Total $18,130.00 Project Bb: Project Estimated Construction Cost - sanitary line sized per Town's CIP E Item # Description Quantlty Unit Unit Price Total 8 21" PVC Sewer 3245 LF $44.30 $143,754.00 5' Manhole 6 EA $4,929.00 $29,674.00 Item 8 Total $173,328.00 Project Bb: Construction Cost of adequate sized sanitary sewer line to serve PISD Item 0 Description Quantity Unit Unit Price Total 9 8" PVC Sewer 3245 LF $15.50 $60,622,00 4' Manhole 6 EA $2,627.00 $15,762.00 Item 9 Total $66,384.00 Project Bc; Project Estimated Construction Cost - sanitary fine sized per Town's CIP item 1t Descriptlon Quantity Unit Emit Price Total 10 21" PVC Sewer 942 LF $44.30 $41.731.00 5' Manhole 3 EA $4,929.00 $14,787.00 Trench safety 942 LF $0.10 $94.20 Layout 1 LS $1,265.00 $1,265.00 Item 10 Total $57,877.20 Item 7 EXHIBIT E PROJECT ESTIMATED CONSTRUCTION COSTS {ROADWAY IMPROVEMENTS} [ 1 pages attached] Interlocal Agreement— Town and PISD Page 19 Prosper High School — 301 East Coleman Item 7 N co N W 0 Oco0co 0cov�coo roo W M V CA M O O v, Q Iq. 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