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08.13.19 Town Council Regular Meeting Packet Page 1 of 238 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Presentation by the Director of Bethlehem Place. (RB) AGENDA BRIEFING: Questions About Items Listed on the Regular Meeting Agenda. Discussion Items. 2. Prosper ISD Stadium Traffic Plan. (DK) 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. 3. Consider and act upon the minutes from the July 23, 2019, Town Council Meeting. (RB) 4. Consider accepting the submission of the certified collection rate of 100 percent for FY 2019-2020. (KN) 5. Consider and act upon an ordinance establishing the 2019 certified appraisal roll. (KN) 6. Consider and act upon an ordinance amending Subsection B, “Informal Hearing Process,” Subsection C, “Formal Hearing Process,” and Subsection D, “Hearing Procedure for Formal Hearings,” of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and Regulations Manual. (KS) 7. Consider and act upon authorizing the Town Manager to execute a Construction Reimbursement Agreement between Pogue Construction Co., LP, and the Town of Prosper, Texas, related to reimbursement for the construction of the West Section of the Lower Pressure Plane Water Line, Phase 1 project. (HW) 8. Consider and act upon an ordinance to rezone portions of Planned Development-43 (PD-43) and Planned Development-65 (PD-65) to Planned Development-97- Commercial (PD-97-C), on 17.1± acres, located on the north side of US 380, west of the Dallas Parkway. (Z18-0013). (AG) Agenda Prosper Town Council Meeting Council Chambers Prosper Town Hall 200 S. Main Street, Prosper, Texas August 13, 2019 5:45 PM Page 1 Page 2 of 238 9. 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) 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. Items for Individual Consideration: 10. Submission of the FY 2019-2020 Proposed Budget and Budget Message by the Town Manager. (KN) 11. Consider accepting submission of the 2019 effective tax rate of $0.494939 per $100 taxable value and the rollback tax rate of $0.530272 per $100 taxable value. (KN) 12. Consider and act upon a proposed FY 2019-2020 property tax rate. (KN) 13. Consider and act upon scheduling Public Hearings on the FY 2019-2020 Proposed Budget. (KN) 14. Consider and act upon scheduling Public Hearings for the FY 2019-2020 proposed tax rate. (KN) 15. Discussion on the Downtown Monument Sign. (DR) 16. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Pump Station and Lower Pressure Plane Water Line, Phase 2 project. (PA) 17. Consider and act upon awarding Bid No. 2019-59-B to Roadway Solutions, Inc., related to construction services for the Traffic Signal Installation at Coit Road and E. First Street project; and authorizing the Town Manager to execute a construction agreement for same. (PA) 18. Consider and act upon approving Change Order Number 08, to GRod Construction, LLC, related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 08 for same. (HW) Page 2 Page 3 of 238 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: Section 551.087 – To discuss and consider economic development incentives. 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. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 19. Infrastructure Fee Waivers. (HW) 20. Discussion regarding the American Association of State Highway and Transportation Officials (AASHTO) Green Book, and the Texas Manual on Uniform Traffic Control Devices (TMUTCD). (HW) 21. Town Council Dashboard Demonstration. (RB) 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, August 9, 2019, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary 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 Page 1 of 7 ] Prosper is a place where everyone matters. AGENDA BRIEFING 1. Call to Order/Roll Call. The meeting was called to order at 5:45 p.m. Council Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Jason Dixon Councilmember Marcus E. Ray Councilmember Jeff Hodges Council Members Absent: Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Craig Andres Councilmember Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Chuck Springer, Executive Director of Administrative Services Melissa Lee, Deputy Town Secretary Kelly Neal, Finance Director Hulon Webb, Engineering Services Director John Webb, Development Services Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Shaw Eft, Assistant Fire Chief Bill Bonny, Fire Division Chief Kala Smith, Human Resources Director Leslie Scott, Library Director Pete Anaya, Assistant Director of Engineering Services – Capital Projects Dudley Raymond, Parks and Recreation Director Paul Naughton, Landscape Architect 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Kenny Thacker of Lighthouse Christian Fellowship led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. MINUTES Prosper Town Council Agenda Briefing, Regular Meeting, and Budget Work Session Council Chambers Prosper Town Hall Council Chambers 200 S. Main Street, Prosper, TX Tuesday, July 23, 2019 Page 4 Item 3. Page 2 of 7 3. Announcements of recent and upcoming events. Councilmember Ray read the following announcements: The Town has installed 24-hour video cameras at three critical railroad intersections which will give Prosper emergency personnel, school transportation officials, and the general public the opportunity to plan their east-west routes to avoid delays. The cameras, installed at the railroad intersections of Frontier Parkway, First Street and Prosper Trail, send a wide-angle video image of the area to monitors at the Town’s emergency dispatch center for use by emergency personnel, allowing them to provide first responders with an unobstructed route to their destination. Log onto the Fire Department’s page on the Town website for more information. July is Parks and Recreation Month, and the Prosper Parks and Recreation Department encourages residents to enjoy the variety of parks, trails, and recreation programs that the Town has to offer. Several summer youth camps and adult fitness programs are now open for registration. Visit www.prosperparksandrec.org for more information. July is also Smart Irrigation Month, and the Town of Prosper’s Water Education Program offers several ways to save money and conserve water during the hot summer months. More information is available on the Water Conservation page on the Town Website. The Town Secretary’s Office is accepting applications for the Town’s various Boards and Commissions through Friday, August 2. Applications and information are available on the Town website, or by contacting the Town Secretary. 4. Presentations.  Presentation by the State of Texas Fire Marshal’s Office regarding the Town of Prosper’s ISO-1 rating. (SB) Hugh Gibson with the International Organization for Standardization (ISO) was joined by Jesse Williams, Deputy State Fire Marshal, to recognize the Town of Prosper achieving an ISO Class 1 rating. Former Fire Chief Ronnie Tucker and current members of the Prosper Fire Rescue staff were in attendance to receive the recognition. AGENDA BRIEFING: 5. Questions about items listed on the Regular Meeting agenda. This item was not discussed. 6. Discussion Items.  Discussion regarding Police Department staffing study. (DK) Town Manager Harlan Jefferson noted that tonight’s presentations from the Police Department and Fire Department, as well as tonight’s presentation by the Parks and Recreation Department on field utilization are a continuation of the budget preparation process. Page 5 Item 3. Page 3 of 7 Police Chief Kowalski continued the presentation by presenting the findings of a 2018 study conducted by the University of North Texas which resulted in a Five-Year Strategic Patrol and Investigations Staffing Plan. Chief Kowalski reviewed the findings of the plan, which calls for a total of 37 patrol officers by the end of FY 2022- 2023 based on growth rate projections. He reviewed the current organization chart for the Police Department and proposed new positions for FY 2019-2020. Chief Kowalski responded to questions about the traffic officers. No further action was taken.  Discussion regarding planned staffing and future fire station strategies. (SB) Fire Chief Blasingame provided an overview of how Prosper Fire Rescue is using data to determine future staff and facility needs. He reviewed industry best practices, build-out rate, response times, station workload, and fire response performance measures which were utilized to determine staffing projections through FY 2023-2024. Chief Blasingame presented potential options for opening and staffing Fire Station 3. 7. 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. 7a. Consider and act upon minutes from the following Town Council meetings. (RB)  Regular Meeting – July 9, 2019  Joint Meeting with the Prosper Economic Development Corporation Board of Directors – July 17, 2019 7b. Receive the May Financial Report (KN) 7c. Consider and act upon Ordinance No. 19-51 amending Ordinance No. 18-71 (FY 2018-2019 Budget). (KN) 7d. Consider and act upon approving the purchase of one fire pumper truck with a pre-pay discount option, from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing Cooperative; and authorizing the Town Manager to execute the proposal for the same. 7e. Consider and act upon Ordinance No. 19-52 amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. (HW) 7f. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the Denton County Fresh Water Supply District No. 10, and the Town of Prosper, Texas, related to the shared use of the Town’s sanitary sewer metering station facilities. (HW) Page 6 Item 3. Page 4 of 7 7g. Consider and act upon Ordinance No. 19-53 abandoning a segment of Harper Road right-of-way, located on the north side of Fishtrap Road, east of Teel Parkway. (AG) 7h. 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) Councilmember Hodges made a motion and Councilmember Ray seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 4-0. 8. 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. Darrell Walker, 1020 Caribou Drive, Prosper, addressed the Council on the slow progress of road construction on Prosper Trail and the negative impact on adjacent neighborhoods. Barbara Nugent, 961 Grassy Trail, Prosper, addressed the Council about the recent Star Trail 4th of July Parade. She thanked the Councilmembers who were in attendance and submitted a written letter of thanks for the record. Lorne Blooval, 131 Chalkstone Drive, Prosper, spoke regarding traffic sight lines at an intersection on First Street. 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: 9. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-43 (PD-43) and a portion of Planned Development-65 (PD-65), to Planned Development-C (PD-C), to allow for an Automobile Sales, Service, and Leasing facility (Ford), on 17.1± acres, located on the north side of US 380, west of Mahard Parkway. (Z18-0013). (AG) Development Service Director John Webb presented this item before the Town Council. The purpose of this rezoning request is to allow Ford to incorporate additional property into the dealership property, and in conjunction with the added land area, to increase the building area, increase the parking, and to reconfigure the open space along US 380. Page 7 Item 3. Page 5 of 7 Robert Sanders, Director of Development for Berkshire Hathaway Automotive, spoke on behalf of the applicant. He explained the need for additional property for inventory, and the details related to the landscape plan. Chas Gilmore, the future dealership manager, spoke in favor of the item, noting the need for additional parking for inventory, and the larger building to accommodate the service department. Mayor Smith opened the Public Hearing. Clint Richardson, 10950 Research Road, Frisco, spoke in favor of the item as the adjacent landowner to the project. With no one else speaking, Mayor Smith closed the Public Hearing. The Council discussed the updated parking requirements, open space, berm height, and landscaping requirements compared to the original site plan. Deputy Mayor Pro-Tem made a motion to approve Item 9. Mr. Webb requested the applicant clarify the location of the berms. Mr. Sanders returned to the podium to specify the location of the berms. After further discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Ray seconded the motion to approve the request as presented with the revised open space and landscaping plans along U.S. 380 with berms at least 36” in height, with any reduction in berm height necessitated by the slope to be approved by the Director of Development Services. The motion was approved by a vote of 4-0. 10. Consider and act upon awarding Bid No. 2019-59-B to Roadway Solutions, Inc. related to construction services for the Traffic Signal Installation at Coit Road and E. First Street Project; and authorizing the Town Manager to execute a construction agreement for the same. (PA) Pete Anaya, Assistant Director of Engineering Services – Capital Projects, presented this item before the Town Council. The proposed contract will fund the construction of the traffic signal installation at Coit Road and First Street. The Council questioned the timing of this project related to other projects in the Capital Improvement Plan (CIP). Hulon Webb, Director of Engineering Services, explained that the project is warranted according to a traffic study, and Town Manager Harlan Jefferson responded with an explanation of how traffic signal projects have been prioritized in the CIP. The Council expressed concern with the contract amount, which is 30% more than the Engineer’s Estimate. If approved, the project would be completed within approximately 180 days. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded this motion to table Item 10 to the August 13, 2019, Town Council meeting. The motion was approved by a vote of 4-0. 11. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the Hike and Bike Trail Master Plan. (DR) Page 8 Item 3. Page 6 of 7 Parks and Recreation Director Dudley Raymond introduced Paul Naughton, Landscape Architect, who presented this item before the Town Council. In the 2018-2019 Budget, Town Council approved funds for the development of a Hike and Bike Trail Master Plan. Base services shall include an inventory and analysis, public meetings and presentations, development of trail criteria and proposed corridors, and preparation of draft and final report document. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the Hike and Bike Trail Master Plan. The motion was approved by a vote of 4- 0. 12. Discussion regarding the utilization of Town sports fields. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. Mr. Raymond reviewed how the recent population growth and the addition of new facilities has impacted the utilization of the Town’s sports fields for games and practices. The Town’s sports leagues’ participation rates increased an average of 15- 20% in the last year, across all sports. The two synthetic multipurpose fields were used approximately 57% of the time, based on the total amount of use versus the total amount of time available. The three synthetic baseball/softball fields were used approximately 55% of the time, based on the total amount of use versus the total amount of time available. Mr. Raymond reviewed utilization percentages by each sports league, which ranged from 55-58%. Each season, Town staff will continue to bring to Council updated utilization numbers, as well as updated field need projections. Mr. Raymond noted that the PISD Stadium opening will alleviate some parking issues; however, the sports leagues have been advised to avoid scheduling games during Prosper football games. No further action was taken. 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. 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 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. The Town Council recessed into Executive Session at 8:10 p.m. 14. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 9 Item 3. Page 7 of 7 The Town Council reconvened the Regular Session at 9:55 p.m. No action was taken as a result of the Closed Session. 15. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Regarding Citizen Comments, Town staff was directed to contact Mr. Walker regarding progress on the Prosper Trail project, and Mr. Blooval regarding the intersection at First Street. Mr. Jefferson notified the Council that Coleman will be closed for the next three days as road work begins near Reynolds Middle School. Mr. Jefferson also notified the Council that the Town will begin using the additional dumpster at the Public Works facility for any excess bulk trash items if the CWD container fills up before noon on the two days a month when the Town offers bulk trash drop-off. 16. Adjourn. The meeting was adjourned at 9:58 p.m. on Tuesday, July 23, 2019. These minutes approved on the 13th day of August 2019. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Page 10 Item 3. Page 11 of 238 Page 11 Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider accepting the submission of the certified collection rate of 100 percent for FY 2019- 2020. Description of Agenda Item: Section 26.04 of the Texas Property Tax Code requires that a “taxing unit’s collector shall certify an estimate of the collection rate for the current year to the governing body.” The purpose of this agenda item is to accept formally the certification of the anticipated collection rate used for the General Fund, Debt Service Fund, and the TIRZ Funds for the 2019-2020 fiscal year. The collection rate includes the current taxes, delinquent taxes, penalties, and interest. The table below displays a five-year history of the Town’s tax collection rates. The 2019 numbers are reported as of June 30, 2019. Fiscal year ended Sept. 30 Percent of Current Levy Collected Total Collections as a Percent of Tax Levy 2014 103.40% 106.43% 2015 101.44% 104.12% 2016 102.25% 104.06% 2017 103.72% 111.77% 2018 100.52% 101.01% 2019 101.20% 102.70% Attached to this staff report is the Collin County Tax Collector’s certification letter for 2019. As in past years, the anticipated collection rate is 100%. Attached Documents: 1. Letter of certification of anticipated collection rate for 2019. 2. June 2019 Collection Report. Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the certified collection rate of 100 percent for Fiscal Year 2019-2020. Proposed Motion: I move to accept the submission of the certified collection rate of 100 percent for FY 2019-2020. Prosper is a place where everyone matters. FINANCE Page 12 Item 4. Page 13 Item 4. Page 14 Item 4. Page 15 Item 4. Page 16 Item 4. Page 17 Item 4. Page 18 Item 4. Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon an ordinance establishing the 2019 certified appraisal roll. Description of Agenda Item: Section 26.04 of the Texas Tax Code mandates that a taxing unit’s assessor “shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by August 1 or as soon thereafter as practicable.” The roll lists all the taxable property and values within the Town limits for 2019. The Town will also be required to approve the tax roll after the property tax rate is set. There are four main parts to the property tax system. First, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property within Prosper each year. Second, the Appraisal Review Boards (ARB’s) settle any disagreements between the taxpayers and the appraisal districts about the value of property. Third, by contract the Collin County Tax Collector’s Office performs tax collection for the Town. The Office also calculates the effective tax rate and rollback tax rate required by state law. Finally, the Town decides how much money it will need to provide services to the community. This determines the total amount of taxes that will need to be collected and the tax rate required to produce this amount. The total freeze adjusted taxable value on the 2019 appraisal roll, including estimated values under protest, is $4,209,067,499, which is 14.78% higher than last year. The total value before the freeze adjustment is $4,411,400,248. Once the tax rate is approved, the Town will be able to begin collecting its 2019 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached ordinance. Prosper is a place where everyone matters. FINANCE Page 19 Item 5. Page 2 of 2 Attached Documents: 1. Proposed ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance establishing the 2019 certified appraisal roll. Proposed Motion: I move to approve the ordinance establishing the 2019 certified appraisal roll. Page 20 Item 5. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2019 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the taxable property in the Town of Prosper, Texas (Town); and WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable property in the Town; and WHEREAS, approval by the Town of the certified appraisal roll is required by state law as an integral part of the Town’s ability to levy and collect property taxes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual determinations of the Town and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council hereby approves the certified total taxable (before freeze loss) value on the 2019 appraisal roll of the Town in the amount of $4,411,400,248 assessed valuation, based on the certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of the DCAD and the CCAD. SECTION 3 Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 4 If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof by any persons or circumstances is held invalid in any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and, the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 21 Item 5. Ordinance No. 19-xx, Page 2 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS 13TH DAY OF AUGUST, 2019. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Page 22 Item 5. Page 1 of 1 To: Mayor and Town Council From: Kala Smith, Human Resources Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon an ordinance amending Subsection B, “Informal Hearing Process,” Subsection C, “Formal Hearing Process,” and Subsection D, “Hearing Procedure for Formal Hearings,” of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and Regulations Manual. Description of Agenda Item: In 2008, the Town Council adopted a Personnel Policies and Regulations Manual for Town employees and since that time, amendments have been presented to the Town Council for consideration and approval. Presently, the policies in Section 7.02 provide that upon receipt of the request for an informal or formal disciplinary review hearing, the Town Manager will assign a Hearing Officer. In order to maintain a fair process without placing undue burden on a single individual, staff recommends amending the policy so that the Town Manager may appoint a 3- person review panel instead of a sole hearing officer as part of the disciplinary review hearing process. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., approved the policy as to form and legality. Attached Documents: 1. Ordinance 2. Proposed personnel policy, Chapter 7, Section 7.02 3. Existing personnel policy, Chapter 7, Section 7.02 Town Staff Recommendation: Town Staff recommends the Town Council adopt an ordinance amending Subsection B, “Informal Hearing Process,” Subsection C, “Formal Hearing Process,” and Subsection D, “Hearing Procedure for Formal Hearings,” of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and Regulations Manual. Proposed Motion: I move to approve an ordinance amending Subsection B, “Informal Hearing Process,” Subsection C, “Formal Hearing Process,” and Subsection D, “Hearing Procedure for Formal Hearings,” of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and Regulations Manual. HUMAN RESOURCES Page 23 Item 6. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTION B, “INFORMAL HEARING PROCESS,” SUBSECTION C, “FORMAL HEARING PROCESS,” AND SUBSECTION D, “HEARING PROCEDURE FOR FORMAL HEARINGS,” OF SECTION 7.02 OF CHAPTER 7 OF THE TOWN OF PROSPER PERSONNEL POLICIES AND REGULATIONS MANUAL RELATIVE TO ASSIGNING A THREE-PERSON DISCIPLINARY REVIEW PANEL FOR INFORMAL AND FORMAL DISCIPLINARY REVIEW HEARINGS; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), is required, pursuant to Section 4.06 of the Town Charter, as amended, to adopt personnel rules for the Town, after preparation of same by the Town Manager; and WHEREAS, the Town Manager and Town staff studied and recommended the adoption of certain amendments to the current Town of Prosper Personnel Policies and Regulations Manual, as amended; and WHEREAS, the proposed amendments referenced herein are in accordance with the aforementioned charter authority. 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, Subsection B, “Informal Hearing Process”, Subsection C, “Formal Hearing Process”, and Subsection D, “Hearing Procedure for Formal Hearings,” of Section 7.02 of Chapter 7 of the Town of Prosper Personnel Policies and Regulations Manual is hereby amended to read as follows: “B. Informal Hearing Process 1. An employee who has received discipline in excess of an oral warning, employee consultation, and/or verbal reprimand may request an informal hearing. 2. The employee must make the request for the informal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. 3. By requesting an informal hearing, the employee shall waive a formal hearing. Page 24 Item 6. Ordinance No. 19-__, Page 2 4. Upon receipt of the request for an informal disciplinary review hearing, the Town Manager will assign a three-person disciplinary review panel ("panel"). The appointed panel will be disinterested parties. 5. The informal hearing will consist of the employee, the department director and/or the supervisor who imposed the disciplinary action, and the panel. The employee and the department director and/or the supervisor who imposed the disciplinary action will each have the opportunity to address the hearing with information concerning the appeal. 6. An informal hearing will be conducted within ten working days of the employee’s request for an informal hearing, unless an extension is agreed upon by the parties. 7. Upon conclusion of the hearing, the panel will make a decision and recommendation to the Town Manager within five working days from the date of the hearing. The Town Manager will make a final determination within twenty working days of receipt of the panel’s decision and recommendation. The Town Manager’s decision is final and non- appealable. C. Formal Hearing Process 1. An employee who has received discipline in excess of an oral warning/employee consultation/verbal reprimand may request a formal hearing. 2. The employee must make the request for the formal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. 3. Upon receipt of the request for a formal disciplinary review hearing, the Town Manager will assign a three-person disciplinary review panel. The appointed panel will be disinterested parties. 4. A formal hearing may include the presentation of evidence, witnesses, and justification of the action taken against the employee. The formal hearing will be heard by the panel according to guidelines outlined in Subsection D, below. 5. A formal hearing will be conducted within ten working days of the employee’s request for a formal hearing, unless an extension is agreed upon by the parties. 6. Upon conclusion of the hearing, the panel will make a decision and recommendation to the Town Manager within five working days from the date of the hearing. The Town Manger will make a final recommendation within twenty working days of receipt of the panel’s decision and recommendation. The Town Manager’s decision is final and non- appealable. D. Hearing Procedure for Formal Hearings Any formal hearing shall proceed as follows: Town representative(s) shall be allowed to make a presentation of the Town’s case, explaining and detailing the reasons for the disciplinary action imposed. Such presentation may include the production of witnesses and/or documentation supporting the disciplinary action imposed. After the Town’s presentation, the employee shall be permitted to ask questions and/or cross examine witnesses. Thereafter, the affected employee Page 25 Item 6. Ordinance No. 19-__, Page 3 shall be permitted to make any statements or produce witnesses and/or documentation on the employee’s behalf. After the employee’s presentation, the Town representative shall be permitted to ask questions and/or cross-examine witnesses. Both sides shall be permitted to ask questions and/or cross examine witnesses. Both sides shall be permitted to make a closing statement, if desired. At any time during the hearing, the panel may ask questions of the Town’s representative(s), the employee and any witnesses. The hearing presentation or procedure referenced herein may be modified and there is no absolute right to any hearing procedure or presentation. Further, the failure to follow any hearing presentation or procedure referenced herein does not create any additional appeal rights.” SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. 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 or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF AUGUST, 2019. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _ _________________________________ Terrence S. Welch, Town Attorney Page 26 Item 6. Chapter 7, Page 7 SECTION 7.02: DISCIPLINARY REVIEW HEARING It is the policy of the Town of Prosper to give individual employees an opportunity for a hearing regarding disciplinary actions. Disciplinary review hearings are designed to be heard according to prescribed guidelines as set forth in the following procedures. The disciplinary review hearing process is designed to afford the employee a responsive forum; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. A.General Disciplinary Review Hearing Information1.An employee who has received discipline in excess of an oral warning/employeeconsultation/verbal reprimand may request an informal or formal disciplinary review hearing.2.Since it is important that disciplinary review hearings be resolved as rapidly as possible, timelimits, as set out in the following paragraphs, shall be considered a maximum and every effortshall be made to expedite the process. In the event the last day of a time limit falls on a weekendor a Town holiday, the time limit shall include the next working day.3.All requests for disciplinary review hearings must be filed with the Human ResourcesDepartment. An employee shall choose whether he desires to pursue an informal or formaldisciplinary review hearing process and shall indicate his or her choice on the form. Alldecisions rendered in response to disciplinary review hearings must be in writing to theemployee. Page 27 Item 6. Chapter 7, Page 8 4.An employee who requests a disciplinary review hearing must inform the Human ResourcesDepartment in writing of his correct mailing address and telephone number. Failure to providecurrent mailing address and telephone information may result in administrative closure of thedisciplinary review hearing. B.Informal Hearing Process1.An employee who has received discipline in excess of an oral warning, employee consultation, and/or verbal reprimand may request an informal hearing.2.The employee must make the request for the informal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified.3.By requesting an informal hearing, the employee waives a formal hearing.4.Upon receipt of the request for an informal disciplinary review hearing, the Town Manager will assign a three-person disciplinary review panel ("panel"). The appointed panel will be disinterested parties.5.The informal hearing will consist of the employee, the department director and/or the supervisor who imposed the disciplinary action, and the panel. The employee and the department director and/or the supervisor who imposed the disciplinary action will each have the opportunity to address the hearing with information concerning the appeal.6.An informal hearing will be conducted within ten working days of the employee’s request for an informal hearing, unless an extension is agreed upon by the parties.7.Upon conclusion of the hearing, the panel will make a decision and recommendation to the Town Manager within five working days from the date of the hearing. The Town Manager will make a final determination within twenty working days of receipt of the panel’s decision and recommendation. The Town Manager’s decision is final and non-appealable. C.Formal Hearing Process1.An employee who has received discipline in excess of an oral warning/employee consultation/verbal reprimand may request a formal hearing.2.The employee must make the request for the formal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified.3.Upon receipt of the request for a formal disciplinary review hearing, the Town Manager will assign a three-person disciplinary review panel. The appointed panel will be disinterested parties.4.A formal hearing may include the presentation of evidence, witnesses, and justification of the action taken against the employee. The formal hearing will be heard by the panel according to guidelines outlined in Subsection D, below. Page 28 Item 6. Chapter 7, Page 9 5.A formal hearing will be conducted within a reasonable time period after the employee’srequest for a formal hearing.6.Upon conclusion of the hearing, the panel will make a decision and recommendation to theTown Manager within five working days from the date of the hearing. The Town Manger willmake a final recommendation within twenty working days of receipt of the panel’sdecision and recommendation. The Town Manager’s decision is final and non- appealable. D.Hearing Procedure for Formal HearingsAny formal hearing shall proceed as follows: Town representative(s) shall be allowed to make apresentation of the Town’s case, explaining and detailing the reasons for the disciplinary actionimposed. Such presentation may include the production of witnesses and/or documentationsupporting the disciplinary action imposed. After the Town’s presentation, the employee shall bepermitted to ask questions and/or cross examine witnesses. Thereafter, the affected employeeshall be permitted to make any statements or produce witnesses and/or documentation on theemployee’s behalf. After the employee’s presentation, the Town representative shall be permittedto ask questions and/or cross-examine witnesses. Both sides shall be permitted to ask questionsand/or cross examine witnesses. Both sides shall be permitted to make a closing statement,if desired. At any time during the hearing, the panel may ask questions of the Town’srepresentative(s), the employee and any witnesses. The hearing presentation or procedurereferenced herein may be modified and there is no absolute right to any hearing procedure orpresentation. Further, the failure to follow any hearing presentation or procedure referencedherein does not create any additional appeal rights. Page 29 Item 6. Chapter 7, Page 7 Adopted January 13, 2015 Revised & Adopted July 2017 SECTION 7.02: DISCIPLINARY REVIEW HEARING It is the policy of the Town of Prosper to give individual employees an opportunity for a hearing regarding disciplinary actions. Disciplinary review hearings are designed to be heard according to prescribed guidelines as set forth in the following procedures. The disciplinary review hearing process is designed to afford the employee a responsive forum; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. A.General Disciplinary Review Hearing Information1.An employee who has received discipline in excess of an oral warning/employeeconsultation/verbal reprimand may request an informal or formal disciplinary review hearing.2.Since it is important that disciplinary review hearings be resolved as rapidly as possible, timelimits, as set out in the following paragraphs, shall be considered a maximum and every effortshall be made to expedite the process. In the event the last day of a time limit falls on a weekendor a Town holiday, the time limit shall include the next working day.3.All requests for disciplinary review hearings must be filed with the Human ResourcesDepartment. An employee shall choose whether he desires to pursue an informal or formaldisciplinary review hearing process and shall indicate his or her choice on the form. Alldecisions rendered in response to disciplinary review hearings must be in writing to theemployee. Page 30 Item 6. Chapter 7, Page 8 Adopted January 13, 2015 Revised & Adopted July 2017 4. An employee who requests a disciplinary review hearing must inform the Human Resources Department in writing of his correct mailing address and telephone number. Failure to provide current mailing address and telephone information may result in administrative closure of the disciplinary review hearing. B. Informal Hearing Process 1. An employee who has received discipline in excess of an oral warning, employee consultation, and/or verbal reprimand may request an informal hearing. 2. The employee must make the request for the informal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. 3. By requesting an informal hearing, the employee shall waive a formal hearing. 4. Upon receipt of the request for an informal disciplinary review hearing, the Town Manager will assign a Hearing Officer. The appointed Hearing Officer will be a disinterested party. 5. The informal hearing will consist of the employee, the department director and/or the supervisor who imposed the disciplinary action, the Hearing Officer. The employee and the department director and/or the supervisor who imposed the disciplinary action will each have the opportunity to address the hearing with information concerning the appeal. 6. An informal hearing will be conducted within ten working days of the employee’s request for an informal hearing, unless an extension is agreed upon by the parties. 7. Upon conclusion of the hearing, the Hearing Officer will make a decision and recommendation to the Town Manager within five working days from the date of the hearing. The Town Manager will make a final determination within twenty working days of receipt of the Hearing Officer’s decision and recommendation. The Town Manager’s decision is final and non-appealable. C. Formal Hearing Process 1. An employee who has received discipline in excess of an oral warning/employee consultation/verbal reprimand may request a formal hearing. 2. The employee must make the request for the formal hearing in writing within three working days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. 3. Upon receipt of the request for a formal disciplinary review hearing, the Town Manager will assign a Hearing Officer. The appointed Hearing Officer will be a disinterested party. 4. A formal hearing may include the presentation of evidence, witnesses, and justification of the action taken against the employee. The formal hearing will be heard by a Hearing Officer according to guidelines outlined in Subsection IV, below. Page 31 Item 6. Chapter 7, Page 9 Adopted January 13, 2015 Revised & Adopted July 2017 5.A formal hearing will be conducted within ten working days of the employee’s request for aformal hearing, unless an extension is agreed upon by the parties.6.Upon conclusion of the hearing, the Hearing Officer will make a decision and recommendationto the Town Manager within five working days from the date of the hearing. The Town Mangerwill make a final recommendation within twenty working days of receipt of the HearingOfficer’s decision and recommendation. The Town Manager’s decision is final and non- appealable. D.Hearing Procedure for Formal HearingsAny formal hearing shall proceed as follows: Town representative(s) shall be allowed to make apresentation of the Town’s case, explaining and detailing the reasons for the disciplinary actionimposed. Such presentation may include the production of witnesses and/or documentationsupporting the disciplinary action imposed. After the Town’s presentation, the employee shall bepermitted to ask questions and/or cross examine witnesses. Thereafter, the affected employeeshall be permitted to make any statements or produce witnesses and/or documentation on theemployee’s behalf. After the employee’s presentation, the Town representative shall be permittedto ask questions and/or cross-examine witnesses. Both sides shall be permitted to ask questionsand/or cross examine witnesses. Both sides shall be permitted to make a closing statement, ifdesired. At any time during the hearing, the Hearing Officer may ask questions of the Town’srepresentative(s), the employee and any witnesses. The hearing presentation or procedurereferenced herein may be modified and there is no absolute right to any hearing procedure orpresentation. Further, the failure to follow any hearing presentation or procedure referencedherein does not create any additional appeal rights. Page 32 Item 6. Page 1 of 3 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Reimbursement Agreement between Pogue Construction Co., LP, and the Town of Prosper, Texas, related to reimbursement for the construction of the West Section of the Lower Pressure Plane Water Line, Phase 1 project. Description of Agenda Item: In 2017, the Town began the design of the Lower Pressure Plane Water Line, Phase 1 project that includes the extension of a water supply line from the existing 20” water line on Fishtrap Road, at the Parks at Legacy development, to Coit Road. This consists of 15,300 feet of 42” water line from Coit Road to Dallas Parkway, (utilizing the 42” water line constructed by Blue Star under Lovers Lane), a transfer valve at the intersection of the BNSF Railroad and the future alignment of Lovers Lane, and 10,500 feet of 20” and 24” water lines from Dallas Parkway to the existing 20” water line on Fishtrap Road. This water supply line will provide increased capacity to serve the growth in the Lower Pressure Plane, completes a looped water line connection to the existing water system for better redundancy, and will deliver water to the Fishtrap Elevated Storage Tank that is currently under construction. Near the end of the Town’s design of the Lower Pressure Plane Water Line, the Prosper Independent School District (PISD) was beginning the construction of Stuber Elementary on Fishtrap Road. The Town’s design plans for the West Section of the Lower Pressure Plane Water Line includes the extension of the water line along the frontage of the Stuber Elementary property and west to the existing 20” water line at the Parks at Legacy development. With the construction of Stuber Elementary, the PISD extended the 20” water line along Fishtrap Road from the terminus of the existing water line at the Parks at Legacy development, to the northwest edge of Stuber Elementary to provide water service to the school. While the Town does require developments to extend paving and utilities through their development to serve adjacent Prosper is a place where everyone matters. ENGINEERING SERVICES Page 33 Item 7. Page 2 of 3 properties, Town staff did not require PISD to extend the water line across the frontage of the school property since the Town already had plans to construct this section of water line. With roughly 4.8 miles of water line in the Lower Pressure Plane Water Line, Phase 1 project, the timing of the acquisition of all the required water easements to construct the entire water line as one single large project was not achievable. As the construction of Stuber Elementary progressed, and the Town was finalizing the acquisition of all the required water easements, it became apparent that the construction of the water line along the frontage of the school property needed to be done prior to the PISD constructing improvements on that portion of the school property. The Town encountered a similar instance with the Gates of Prosper development when they wanted to begin the construction of Phase 2 of their development and needed the Town to install a portion of the Lower Pressure Plane Water Line prior to them constructing the paving and drainage improvements for Lovers Lane west of Preston Road. Town staff responded, separated the plans for the project, and Town Council awarded the construction of the water line from Preston Road to the BNSF Railroad as the Lower Pressure Plane Water Line, Phase 1A project on August 14, 2018, in the amount of $1,720,684.19. This project was recently completed. While the design of the West Section of the Lower Pressure Plane Water Line was complete and could have been put out for bids similar to the Lower Pressure Plane Water Line, Phase 1A project, another option was to have the PISD’s contractor install the minimal 400-foot section of 20” water line. The option to have the PISD’s contractor install the water line provided for timely completion and minimal disruption to the construction of other improvements on the school property. The purpose of the Construction Reimbursement Agreement is to outline the obligations of the Town of Prosper and Pogue Construction Co., LP, related to the design, construction, and reimbursement for the construction of the West Section of the Lower Pressure Plane Water Line. The remaining sections of the Lower Pressure Plane Water Line, Phase 1 project became known as Phase 1B and the Town Council awarded the construction of that project on May 14, 2019, in the amount of $8,588,580.00. Budget Impact: The total cost for the construction of the 400 feet of 20” water line is $38,148.60. Funding for the construction of the Lower Pressure Plane Water Line, Phase 1 project was budgeted in the FY 2018-2019 CIP Budget. The project will be funded from Account Number 760-6610-10-00-1716- WA. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1. Construction Reimbursement Agreement Town Staff Recommendation: Page 34 Item 7. Page 3 of 3 Town staff recommends that the Town Council authorize the Town Manager to execute a Construction Reimbursement Agreement between Pogue Construction Co., LP, and the Town of Prosper, Texas, related to reimbursement for the construction of the West Section of the Lower Pressure Plane Water Line, Phase 1 project. Proposed Motion: I move to authorize the Town Manager to execute a Construction Reimbursement Agreement between Pogue Construction Co., LP, and the Town of Prosper, Texas, related to reimbursement for the construction of the West Section of the Lower Pressure Plane Water Line, Phase 1 project. Page 35 Item 7. Page 36 Item 7. Page 37 Item 7. Page 38 Item 7. Page 39 Item 7. Page 40 Item 7. Page 41 Item 7. Page 42 Item 7. Page 43 Item 7. Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon an ordinance to rezone portions of Planned Development-43 (PD-43) and Planned Development-65 (PD-65) to Planned Development-97-Commercial (PD-97-C), on 17.1± acres, located on the north side of US 380, west of the Dallas Parkway. (Z18- 0013). Description of Agenda Item: On July 23, 2019, the Town Council approved the proposed PD-97 rezoning request by a vote of 4-0; subject to the following condition of approval: 1. That berms, a minimum of 36 inches in height, be provided in the four (4) designated locations with any reduction in berm height necessitated by slope restrictions to be approved by the Director of Development Services. Since the meeting the applicant has revised the request to include Council’s condition of approval and an ordinance has been prepared accordingly. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Planned Development Exhibits Prosper is a place where everyone matters. PLANNING Page 44 Item 8. Page 2 of 2 Town Staff Recommendation: Town staff recommends the Town Council approve the ordinance to rezone portions of Planned Development-43 (PD-43) and Planned Development-65 (PD-65) to Planned Development-97-Commercial (PD-97-C), on 17.1± acres, located on the north side of US 380, west of the Dallas Parkway. Proposed Motion: I move to approve an ordinance to rezone portions of Planned Development-43 (PD-43) and Planned Development-65 (PD-65) to Planned Development-97-Commercial (PD-97-C), on 17.1± acres, located on the north side of US 380, west of the Dallas Parkway. Page 45 Item 8. TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE NO. 05-20, ORDINANCE NO. 08-099, AND ORDINANCE NO. 14-23, BY REZONING A TRACT OF LAND CONSISTING OF 17.08 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-43 (PD-43) AND PLANNED DEVELOPMENT-65 (PD-65) IS HEREBY AMENDED IN ITS ENTIRETY AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-97-COMMERCIAL (PD-97- C); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request (Case Z18- 0013) from BHA Real Estate Holding, LLC. And Prosper Villages at Legacy, LLC. (“Applicants”), to rezone 17.08 acres of land, more or less, situated in the Collin County School Land No. 12 Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zoning Ordinance No. 05-20, Ordinance No. 08-099, and Ordinance No. 14-23. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 08-099, and Ordinance No. 14-23 are amended as follows: The zoning designation of the below- described property containing 17.08 acres of land, more or less, situated in the Collin County School Land No. 12 Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas; Page 46 Item 8. Ordinance No. 19-__, Page 2 (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby is hereby amended in its entirety and rezoned as Planned Development-97-Commercial (PD-97-C). The property as a whole is more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the Statement of Intent and Purpose, attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3) the Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as Exhibit E; and 5) the Elevations, attached hereto as Exhibit F; and 6), the Landscape Plans, attached hereto as Exhibit G, which are incorporated herein for all purposes as if set forth verbatim, subject to the following condition of approval by the Town Council: 1. That berms, a minimum of 36 inches in height, be provided in the four (4) designated locations with any reduction in berm height necessitated by slope restrictions to be approved by the Director of Development Services. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Page 47 Item 8. Ordinance No. 19-__, Page 3 Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications, as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF AUGUST, 2019. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 48 Item 8. TOWN OF PROSPER, COLLIN COUNTY, TEXAS PROPERTY OF: U.S. HIGHWAY 380 BHA REAL ESTATE HOLDINGS, LLC EXHIBIT A 1 of 1NMR1" = 50'REVISIONS PREPARED FOR: BERKSHIRE HATHAWAY AUTOMOTIVE NLM17-112FEB. 20 , 2018JUNE 6, 2019WILLIAM C. STAMPADOS, RPLS #5393 Antelope Surveying, Firm Reg. #10070700 4903 South Fox Street Englewood, CO 80110 Project Contact: Nick Mansfield (864) 451-0176 nick@survey-matters.comPage 49Item 8. Z18-0013 EXHIBIT A LEGAL DESCRIPTION BEING A 17.08 ACRE TRACT OF LAND OUT OF THE COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT 147, AS SITUATED IN COLLIN COUNTY, TEXAS, SAID 17.08 ACRES, MORE OR LESS, OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND IRON PIN ON THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 380 (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) HAVING TX NORTH CENTRAL GRID COORDINATES OF N 7,130,653.98, E 2,477,795.76; THENCE ALONG SAID RIGHT-OF-WAY S89°56'31"W A DISTANCE OF 622.11 FEET TO A FOUND IRON PIN, THENCE ALONG THE COMMON LINES OF LEGACY HWY 380, LP, AND PROSPER VILLAGES AT LEGACY, LLC. N00°03'29"W A DISTANCE OF 737.81 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE S89°57'18"W A DISTANCE OF 149.40 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE N0°02'42"W A DISTANCE OF 217.60 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE N71°21'39"E A DISTANCE OF 369.27 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE N26°21'39"E A DISTANCE OF 116.44 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE S89°40'36"E A DISTANCE OF 379.81 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE S0°26'44"W A DISTANCE OF 200.00 FEET TO A FOUND 5/8 INCH IRON ROD, THENCE ALONG THE COMMON LINE OF GWOOD, LLC. S00°26'00"W A DISTANCE OF 974.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 17.08 ACRES MORE OR LESS. Page 50 Item 8. EXHIBIT B STATEMENT OF INTENT It is the desire of the property owner to rezone 17.08+/- acres to allow for a new car dealership to be located on the site 4,250 +/- feet west of Dallas North Tollway and north of US 380. This new Ford facility will feature new car sales, used car sales, and service facilities. Statement of Intent and Purpose Prosper Ford is intended to be a high-quality automotive dealership that will sell and service Ford vehicles. It is Berkshire Hathaway Automotive’s intent to provide the North Texas Ford customer with a superior sales and service experience. As such, Prosper Ford is designed to provide meaningful experience this is welcoming and truly collaborative. It is based on Berkshire Hathaway Automotive’s core principles of Trust, Relationship, and Respect. Prosper Ford is an expression of Ford’s Trustmark dealership design, with the welcoming embrace of the arched brand wall. It is also designed to be an expression of North Texas with high quality, high performance materials. It is designed to be unique with distinctive North Texas Features. Site Design: Good planning principles are used to achieve a well-balanced site design. The dealership facility has been placed near the center of the site. Setbacks are employed to provide a naturalistic setting. The east side of the site also features a detention pond commensurate with the size of the site and sized to accommodate onsite water run-off. On site screening protects adjacent properties. To develop a community-based contextual design, several key primary design elements showcase Prosper Ford. They include: ·Connecting Pathways ·Feature Vehicle Displays ·Street Front Experience ·Lone Star Feature As you approach Prosper Ford, you will several of these distinct features: ·Circulation paths are provided to connect adjacent properties and engage the community with varying opportunities for walking and bicycling. ·The pathway closest to the street provides the most expedient and direct circulation. ·The inner pathway engages the user with an alternative meandering route connecting with the Prosper Ford Dealership. It provides an opportunity to view display vehicles and interact with the Lone Star Feature. Page 51 Item 8. ·The centerpiece of the “street frontage experience” is the lone star feature which provides a unique Texas Expression Prosper Ford is designed to express community values and a good stewardship of the land. Sustainable Design Practices: Prosper Ford will be designed to pursue LEED compliance and meet or exceed the 2015 IECC (International Energy Conservation Code). Both the building and site design will utilize a sustainable design approach. Landscape plantings, as well as, use of a reflectance roof will help reduce potential heat island effects. LED Lighting & Light Level Reduction ·The proposed design effectively provides exterior lighting to enhance the view of the cars while reducing light pollution and light trespass. ·High efficient LED lighting help to create effective exterior illuminance while reducing overall light levels. ·Light management systems will be used to reduce lamp power during non-business hours. ·Proposed illumination levels shall conform to the standards adopted by the Town of Prosper. Prosper Ford will be an example of Berkshire Hathaway Automotive’s commitment to sustainable business and design practices. Building Design: Prosper Ford will be a facility with up-to-date technology, yet will express traditional values. In addition to its distinctive showroom, Prosper Ford will have 52 service stalls, a parts department, an enclosed service reception and an integrated Service Bay. Our intent is to develop a dealership with the most current functionality, technology, and branding while retaining traditional design values. Page 52 Item 8. EXHIBIT C PLANNED DEVELOPMENT STANDARDS The proposed development will confirm to the development standards of the Commercial Zoning District of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended, and Subdivision Ordinance, as it exists or may be amended, except as otherwise set forth in these Development Standards. 1.Except as noted below, the Tract shall develop in accordance with the Commercial Zoning District of the Town of Prosper’s Zoning Ordinance, as they exist or may be amended. 2.Development Plans a.Concept Plan: The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibit D. b.Elevations: The tract shall be developed in general accordance with the attached elevations, set forth in Exhibit F. c.Landscape Plan: The tract shall be developed in general accordance with the attached landscape plan, set forth in Exhibit G. 3.Uses. Uses shall be in accordance with the Commercial Zoning District permitted uses with the exception of the following: a.Automobile Sale/Leasing Facility, New shall be permitted use. 4.Regulations a.Automobile Sales/Leasing, New uses shall be permitted within 200’ of residential zoned property, as shown on Exhibit D. b.No outdoor intercoms, speakers or sound amplification devices shall be utilized on the property. c.Any structures with a garage or bay shall include as automatic door closing device for such garage or bay. d.After hours reduction of outdoor lighting, to 90% at the close of business. 5.Parking: Required parking shall be as follows: a.Inventory parking shall be permitted to provide three consecutive rows. b.Inventory parking shall be permitted to provide parking space dimensions of 9’x18’. 6.Screening: Required Screening shall be as follows: a.Materials used on the screening wall separating Prosper Ford Property and the proposed Single Family Residential shall be consistent with any screening provided on the eastern adjacent property. 7.Architecture a.The primary structure will be a two-level facility at 75,743 SQ FT. b.Additional building square footage will be added with future development. c.An accessory car wash and detail bay will be constructed at the rear of the site as shown on the concept plan, set forth in Exhibit D. 8.Stormwater a.The tract shall be permitted to utilize a dry detention pond as shown on the concept plan, set forth in Exhibits D. Additional screening of the pond shall be provided as shown on the landscape plan, set forth in Exhibit G. Page 53 Item 8. U.S. HIGHWAY 38046030060120Page 54Item 8. Exhibit E Development Schedule Construction for this projected is anticipated to begin in January of 2020 and be completed in January 2021. Page 55 Item 8. EXHIBIT FCASE #Z18-0013OWNERBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSAPPLICANTBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSENGINEER FREELAND & KAUFFMAN INC.400 WEST MAIN STREET, SUITE 20ROUND ROCK, TX 78664CONTACT: CHARLES A. GARCIACITYPROSPERCOUNTYCOLLIN SURVEYCOLLIN COUNTY SCHOOL LAND SURVEYAPSTRACT NO.147NOTES:1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION.2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT.5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF 10%. NATURAL STONE VENEERESPINIZO STONE (TEXAS)LUEDER CHARCOAL -STACKED LEDGENATURAL STONE VENEEREXPINIZO STONE (TEXAS)GRAY LUEDER LINESTONE -ASHLARCMU -RUNNING BONDSPLITFACE -EARTHSTONECMU -RUNNING BONDSMOOTH FACE -EARTH STONEEXTERIOR FINISHESSTN-1STN-2MB-1MB-2ALUMINUM COMPOSITE METAL PANELMP-6GLASS, WINDOWS AND DOORS(NOT INCLUDEDIN AREAS AT LEFT)3,454 SF936 SF2,413 SF1425 SF8,228 SFALUMINUM COMPOSITE METAL PANELMP-1EIFS -COLOR TO MATCH CMUEFS-11' - 10"6' - 2"64' - 3"12' - 10"138' - 2"24' - 0"GL-1STN-2GL-1GL-1STN-1STN-1STN-111122234444STN-1STN-2STN-2STN-28' - 0"24' - 0"T.O.P. - 32' - 0"MP-1ROOF LINE (BEYOND) - 30' - 1"20' - 3"9' - 7"8' - 0"3' - 5"12' - 2"2' - 0"4' - 3"3' - 1"T.O.P. - 12' - 0"MP-6GL-1GL-1GL-1STN-2STN-2MB-1MB-2MB-1MB-2MB-1MB-2STN-1MP-6GL-12444STN-2GL-1GL-1STN-1STN-2T.O.P. - 33' - 2"4FUTURE BUILDING ADDITIONROOF LINE (BEYOND) - 30' - 1"ROOF LINE (BEYOND) - 29' - 1"ROOF LINE (BEYOND) - 27' - 3"ROOF LINE (BEYOND) - 10' - 8"ROOF - 10' - 8"ROOF LINE (BEYOND) - 23' - 0"T.O.P. - 28' - 2"T.O.P. - 27' - 0"MB-110' - 5"20' - 10"28' - 0"20' - 0"28' - 0"20' - 0"45' - 4"2' - 9"26' - 10"2' - 0"34' - 4"2' - 0"19' - 4"2' - 8"35' - 9"2' - 6"6' - 7"3' - 9"COPYRIGHTED DOCUMENT:THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT.THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.© GOREE ARCHITECTS 2016SHEET NUMBERSHEET NAMEISSUE DATEGOREE PROJECT NUMBERREVISION COMMENTS:DATE: MARK:REVISIONSBUILDING ELEVATIONSD001PROSPER FORDPROSPER, TEXAS03/14/2019GA 1649PRESENTATION ELEVATION...1 DEALER SIGNAGE TO COMPLY WITH THE PROSPERORDINANCE AND BE PERMITTED SEPARATELY BY VENDOR.2 GLASS O.H. DOOR3 FORD ENTRY PORTAL BY OUTSIDE VENDOR4 DOOR AS SCHEDULED5 SOLID HIGH SPEED COILING DOOR6 GLASS HIGH SPEED COILING DOOR7 TENSION SHADE STRUCTURE 3/32" = 1'-0"1SOUTH ELEVATION - FRONT 3/32" = 1'-0"2WEST ELEVATION - SERVICE DRIVEEXTERIOR MATERIAL ALLOCATION - PHASE1FACADE STONE CMU METAL EIFS TOTALSOUTH (SF) 4,040 SF 0 SF 447 SF 0 SF 4,487 SFSOUTH (%) 90.04% 0 % 9.96 % 0 % 100 %NORTH (SF) 1,729 SF 5,720 SF 0 SF 167 SF 7,616 SFNORTH (%) 22.70% 75.11 % 0 % 2.19 % 100 %EAST (SF) 4,219 SF 2,475 SF 239 SF 0 SF 6,933 SFEAST (%) 60.85 % 35.70 % 3.45 % 0 % 100 %WEST (SF) 2,813 SF 4,356 SF 408 SF 0 SF 7,577 SFWEST (%) 37.13 % 57.49 % 5.38 % 0 % 100 %TOTAL SF 12,801 SF 12,551 SF 1,094 SF 167 SF 26,613 SFTOTAL % 48.10 % 47.16 % 4.11 % .63 100 %03/14/2019 CITY SUBMISSIONPage 56Item 8. EXHIBIT FCASE #Z18-0013OWNERBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSAPPLICANTBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSENGINEER FREELAND & KAUFFMAN INC.400 WEST MAIN STREET, SUITE 20ROUND ROCK, TX 78664CONTACT: CHARLES A. GARCIACITYPROSPERCOUNTYCOLLIN SURVEYCOLLIN COUNTY SCHOOL LAND SURVEYAPSTRACT NO.147NOTES:1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION.2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT.5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF 10%. NATURAL STONE VENEERESPINIZO STONE (TEXAS)LUEDER CHARCOAL -STACKED LEDGENATURAL STONE VENEEREXPINIZO STONE (TEXAS)GRAY LUEDER LINESTONE -ASHLARCMU -RUNNING BONDSPLITFACE -EARTHSTONECMU -RUNNING BONDSMOOTH FACE -EARTH STONEEXTERIOR FINISHESSTN-1STN-2MB-1MB-2ALUMINUM COMPOSITE METAL PANELMP-6GLASS, WINDOWS AND DOORS(NOT INCLUDEDIN AREAS AT LEFT)3,454 SF936 SF2,413 SF1425 SF8,228 SFALUMINUM COMPOSITE METAL PANELMP-1EIFS -COLOR TO MATCH CMUEFS-1T.O.P. - 12' - 0"2' - 0"8' - 11"2' - 6"15' - 4"52' - 2"89' - 2"14' - 4"20' - 0"28' - 0"20' - 0"28' - 0"STN-1STN-1MP-6STN-1GL-1GL-1STN-1MB-2MB-1MB-2MB-1MB-2MB-1MP-6GL-1T.O.P. - 33' - 2"22222222444666T.O.P. - 33' - 2"STN-2STN-14ROOF LINE (BEYOND) - 30' - 1"ROOF LINE (BEYOND) - 30' - 8"ROOF LINE (BEYOND) - 22' - 4"ROOF LINE (BEYOND) - 11' - 1"T.O.P. - 32' - 0"T.O.P. - 27' - 0"T.O.P. - 28' - 2"20' - 10"20' - 5"MB-2FUTURE BUILDING ADDITIONSTN-1MB-2STN-2T.O.P. - 33' - 2"T.O.P. - 32' - 2"MB-2444455MB-1MB-1MB-1ROOF LINE (BEYOND) - 30' - 9"ROOF LINE (BEYOND) - 27' - 3"ROOF LINE (BEYOND) - 24' - 8"ROOF LINE (BEYOND) - 10' - 8"ROOF LINE (BEYOND) - 10' - 8"ROOF LINE (BEYOND) - 10' - 8"T.O.P. - 12' - 2"T.O.P. - 12' - 2"T.O.P. - 12' - 2"EIFS-1MB-2MB-2MB-1MB-2MB-2MB-12' - 1"50' - 6"28' - 9"30' - 7"42' - 8"37' - 0"26' - 8"28' - 6"10' - 4"COPYRIGHTED DOCUMENT:THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT.THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.© GOREE ARCHITECTS 2016SHEET NUMBERSHEET NAMEISSUE DATEGOREE PROJECT NUMBERREVISION COMMENTS:DATE: MARK:REVISIONSBUILDING ELEVATIONSD002PROSPER FORDPROSPER, TEXAS03/14/2019GA 1649PRESENTATION ELEVATION...1 DEALER SIGNAGE TO COMPLY WITH THE PROSPERORDINANCE AND BE PERMITTED SEPARATELY BY VENDOR.2 GLASS O.H. DOOR3 FORD ENTRY PORTAL BY OUTSIDE VENDOR4 DOOR AS SCHEDULED5 SOLID HIGH SPEED COILING DOOR6 GLASS HIGH SPEED COILING DOOR7 TENSION SHADE STRUCTURE 3/32" = 1'-0"1EAST ELEVATION - VEHICLE DELIVERY 3/32" = 1'-0"2NORTH ELEVATION - BACKEXTERIOR MATERIAL ALLOCATION - PHASE1FACADE STONE CMU METAL EIFS TOTALSOUTH (SF) 4,040 SF 0 SF 447 SF 0 SF 4,487 SFSOUTH (%) 90.04% 0 % 9.96 % 0 % 100 %NORTH (SF) 1,729 SF 5,720 SF 0 SF 167 SF 7,616 SFNORTH (%) 22.70% 75.11 % 0 % 2.19 % 100 %EAST (SF) 4,219 SF 2,475 SF 239 SF 0 SF 6,933 SFEAST (%) 60.85 % 35.70 % 3.45 % 0 % 100 %WEST (SF) 2,813 SF 4,356 SF 408 SF 0 SF 7,577 SFWEST (%) 37.13 % 57.49 % 5.38 % 0 % 100 %TOTAL SF 12,801 SF 12,551 SF 1,094 SF 167 SF 26,613 SFTOTAL % 48.10 % 47.16 % 4.11 % .63 100 %03/14/2019 CITY SUBMISSIONPage 57Item 8. 2 / D0031 / D0031 / D0042 / D0041 / D0052 / D0053 / D0054 / D0051' - 10"6' - 2"64' - 3"12' - 10"138' - 2"24' - 0"GL-1STN-2GL-1GL-1STN-1STN-1STN-111122234444STN-1STN-2STN-2STN-28' - 0"24' - 0"T.O.P. - 32' - 0"MP-1ROOF LINE (BEYOND) - 30' - 1"20' - 3"8' - 0"3' - 5"9' - 7"3' - 1"12' - 2"2' - 0"4' - 3"NOTES:1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION.2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT.5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF 10%. NATURAL STONE VENEERESPINIZO STONE (TEXAS)LUEDER CHARCOAL -STACKED LEDGENATURAL STONE VENEEREXPINIZO STONE (TEXAS)GRAY LUEDER LINESTONE -ASHLARCMU -RUNNING BONDSPLITFACE -EARTHSTONECMU -RUNNING BONDSMOOTH FACE -EARTH STONEEXTERIOR FINISHESSTN-1STN-2MB-1MB-2ALUMINUM COMPOSITE METAL PANELMP-6GLASS, WINDOWS AND DOORS(NOT INCLUDEDIN AREAS AT LEFT)3,454 SF936 SF2,401 SF1,585 SF8,388 SFALUMINUM COMPOSITE METAL PANELMP-1EXHIBIT FCASE #Z18-0013OWNERBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSAPPLICANTBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSENGINEER FREELAND & KAUFFMAN INC.400 WEST MAIN STREET, SUITE 20ROUND ROCK, TX 78664CONTACT: CHARLES A. GARCIACITYPROSPERCOUNTYCOLLIN SURVEYCOLLIN COUNTY SCHOOL LAND SURVEYAPSTRACT NO.147GL-1GL-1STN-2STN-228' - 0"20' - 0"45' - 4"2' - 9"26' - 10"2' - 0"34' - 4"2' - 0"19' - 9"2' - 3"35' - 9"2' - 6"MB-2MB-1MB-2STN-1MP-6GL-1244STN-2GL-1STN-1STN-2T.O.P. - 33' - 2"4ROOF LINE (BEYOND) - 30' - 1"ROOF LINE (BEYOND) - 29' - 1"ROOF LINE (BEYOND) - 23' - 0"T.O.P. - 32' - 0"T.O.P. - 27' - 0"T.O.P. - 28' - 2"30' - 9"20' - 0"27' - 2"20' - 10"28' - 0"20' - 0"MB-1MB-2MB-1GL-1GL-1T.O.P. - 28' - 0"T.O.P. - 26' - 10"MB-2MB-2ROOF LINE (BEYOND) - 23' - 0"FUTURE BUILDING ADDITIONCOPYRIGHTED DOCUMENT:THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT.THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.© GOREE ARCHITECTS 2016SHEET NUMBERSHEET NAMEISSUE DATEGOREE PROJECT NUMBERREVISION COMMENTS:DATE: MARK:REVISIONSBUILDING ELEVATIONSD003PROSPER FORDPROSPER, TEXAS03/14/2019GA 1649EXTERIOR MATERIAL ALLOCATION - PHASE 2FACADE STONE CMU METAL TOTAL 1SOUTH (SF) 4,040 SF 0 SF 447 SF 4,487 SFSOUTH (%) 90.04 % 0 % 9.96 % 100 %NORTH (SF) 1,725 SF 5,781 SF 0 SF 7,506 SFNORTH (%) 22.98% 77.02 % 0 % 100 %EAST (SF) 4,227 SF 4,406 SF 238 SF 8,871 SFEAST (%) 47.65 % 49.67 % 2.68 % 100 %WEST (SF) 2,813 SF 6,245 SF 408 SF 9,466 SFWEST (%) 29.72 % 65.97 % 4.31 % 100 %TOTAL SF 12,805 SF 16,432 SF 1,093 SF 30,330 SFTOTAL % 42.20 % 54.19 % 3.61% 100 % 3/32" = 1'-0"2SOUTH ELEVATION - FRONTPRESENTATION ELEVATION...1 DEALER SIGNAGE TO COMPLY WITH THE PROSPERORDINANCE AND BE PERMITTED SEPARATELY BY VENDOR.2 GLASS O.H. DOOR3 FORD ENTRY PORTAL BY OUTSIDE VENDOR4 DOOR AS SCHEDULED5 SOLID HIGH SPEED COILING DOOR6 GLASS HIGH SPEED COILING DOOR7 TENSION SHADE STRUCTURE 3/32" = 1'-0"1WEST ELEVATION - SERVICE DRIVE03/14/2019 CITY SUBMISSIONPage 58Item 8. 2 / D0031 / D0031 / D0042 / D0041 / D0052 / D0053 / D0054 / D005NOTES:1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION.2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT.5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF 10%. NATURAL STONE VENEERESPINIZO STONE (TEXAS)LUEDER CHARCOAL -STACKED LEDGENATURAL STONE VENEEREXPINIZO STONE (TEXAS)GRAY LUEDER LINESTONE -ASHLARCMU -RUNNING BONDSPLITFACE -EARTHSTONECMU -RUNNING BONDSMOOTH FACE -EARTH STONEEXTERIOR FINISHESSTN-1STN-2MB-1MB-2ALUMINUM COMPOSITE METAL PANELMP-6GLASS, WINDOWS AND DOORS(NOT INCLUDEDIN AREAS AT LEFT)3,454 SF936 SF2,401 SF1,585 SF8,388 SFALUMINUM COMPOSITE METAL PANELMP-1EIFS-1STN-1MB-2MB-1STN-2T.O.P. - 33' - 2"T.O.P. - 32' - 2"MB-244445552' - 7"22' - 4"37' - 0"42' - 8"37' - 0"55' - 2"10' - 4"MB-2MB-2MB-1MB-2ROOF LINE (BEYOND) - 30' - 9"ROOF LINE (BEYOND) - 27' - 3"ROOF LINE (BEYOND) - 24' - 8"EXHIBIT FCASE #Z18-0013OWNERBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSAPPLICANTBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSENGINEER FREELAND & KAUFFMAN INC.400 WEST MAIN STREET, SUITE 20ROUND ROCK, TX 78664CONTACT: CHARLES A. GARCIACITYPROSPERCOUNTYCOLLIN SURVEYCOLLIN COUNTY SCHOOL LAND SURVEYAPSTRACT NO.147T.O.P. - 12' - 0"2' - 0"8' - 11"2' - 6"15' - 4"52' - 2"89' - 2"14' - 4"20' - 0"28' - 0"STN-1STN-1MP-6STN-1GL-1GL-1STN-1MB-2MB-1MB-2MP-6GL-1T.O.P. - 33' - 2"2222444666T.O.P. - 33' - 2"STN-2STN-1T.O.P. - 32' - 0"4ROOF LINE (BEYOND) - 30' - 1"ROOF LINE (BEYOND) - 30' - 8"ROOF LINE (BEYOND) - 22' - 4"20' - 0"28' - 0"20' - 0"28' - 0"20' - 0"30' - 9"MB-2MB-1MB-2MB-122222MB-2MB-1MB-2ROOF LINE (BEYOND) - 22' - 4"T.O.P. - 27' - 0"T.O.P. - 28' - 2"FUTURE BUILDING ADDITIONCOPYRIGHTED DOCUMENT:THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT.THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.© GOREE ARCHITECTS 2016SHEET NUMBERSHEET NAMEISSUE DATEGOREE PROJECT NUMBERREVISION COMMENTS:DATE: MARK:REVISIONSBUILDING ELEVATIONSD004PROSPER FORDPROSPER, TEXAS03/14/2019GA 1649PRESENTATION ELEVATION...1 DEALER SIGNAGE TO COMPLY WITH THE PROSPERORDINANCE AND BE PERMITTED SEPARATELY BY VENDOR.2 GLASS O.H. DOOR3 FORD ENTRY PORTAL BY OUTSIDE VENDOR4 DOOR AS SCHEDULED5 SOLID HIGH SPEED COILING DOOR6 GLASS HIGH SPEED COILING DOOR7 TENSION SHADE STRUCTUREEXTERIOR MATERIAL ALLOCATION - PHASE 2FACADE STONE CMU METAL TOTAL 1SOUTH (SF) 4,040 SF 0 SF 447 SF 4,487 SFSOUTH (%) 90.04 % 0 % 9.96 % 100 %NORTH (SF) 1,725 SF 5,781 SF 0 SF 7,506 SFNORTH (%) 22.98% 77.02 % 0 % 100 %EAST (SF) 4,227 SF 4,406 SF 238 SF 8,871 SFEAST (%) 47.65 % 49.67 % 2.68 % 100 %WEST (SF) 2,813 SF 6,245 SF 408 SF 9,466 SFWEST (%) 29.72 % 65.97 % 4.31 % 100 %TOTAL SF 12,805 SF 16,432 SF 1,093 SF 30,330 SFTOTAL % 42.20 % 54.19 % 3.61% 100 % 3/32" = 1'-0"2NORTH ELEVATION - BACK 3/32" = 1'-0"1EAST ELEVATION - VEHICLE DELIVERY03/14/2019 CITY SUBMISSIONPage 59Item 8. 2 / D0031 / D0031 / D0042 / D0041 / D0052 / D0053 / D0054 / D005NOTES:1. THIS CONCEPTUAL ELEVATION IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTION DIVISION.2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED TO MATCH THE BUILDING.4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE BUILDING INSPECTION DEPARTMENT.5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY OF 10%. 7MB-2ROOF LINE (BEYOND) - 15' - 3"STN-1T.O.P. - 18' - 2"4' - 6"100' - 5"ROOF LINE (BEYOND) - 14' - 8"MB-2STN-1T.O.P. - 18' - 2"4' - 6"100' - 5"47MB-2ROOF LINE (BEYOND) - 15' - 3"T.O.P. - 18' - 2"STN-14' - 6"29' - 6"47MB-2ROOF LINE (BEYOND) - 15' - 3"T.O.P. - 18' - 2"STN-14' - 6"29' - 6"NATURAL STONE VENEERESPINIZO STONE (TEXAS)LUEDER CHARCOAL -STACKED LEDGENATURAL STONE VENEEREXPINIZO STONE (TEXAS)GRAY LUEDER LINESTONE -ASHLARCMU -RUNNING BONDSPLITFACE -EARTHSTONECMU -RUNNING BONDSMOOTH FACE -EARTH STONEEXTERIOR FINISHESSTN-1STN-2MB-1MB-2ALUMINUM COMPOSITE METAL PANELMP-6GLASS, WINDOWS AND DOORS(NOT INCLUDEDIN AREAS AT LEFT)144 SF144 SF0 SF24 SF333 SFALUMINUM COMPOSITE METAL PANELMP-1EXHIBIT FCASE #Z18-0013OWNERBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSAPPLICANTBHA REAL ESTATE HOLDINGS LLC8333 ROYAL RIDGE PKWY.SUITE 100CONTACT: ROBERT SANDERSENGINEER FREELAND & KAUFFMAN INC.400 WEST MAIN STREET, SUITE 20ROUND ROCK, TX 78664CONTACT: CHARLES A. GARCIACITYPROSPERCOUNTYCOLLIN SURVEYCOLLIN COUNTY SCHOOL LAND SURVEYAPSTRACT NO.147MB-26' - 0"METAL ACCESS GATE18' - 0"MB-26' - 0"METAL GATE26' - 0"MB-26' - 0"18' - 0"MB-26' - 0"26' - 0"COPYRIGHTED DOCUMENT:THIS DRAWING AND THE BIM/CAD FILE FROM WHICH IT HAS BEEN GENERATED ARE PROVIDED AS AN INSTRUMENT OF SERVICE FOR THIS PROJECT.THESE DOCUMENTS ARE THE SOLE PROPERTY GOREE ARCHITECTS, INC. ANY USE OF THESE DOCUMENTS, DATA AND DESIGNS FOR PURPOSES OTHER THAN THOSE ASSOCIATED WITH THIS PROJECT WITHOUT THE EXPRESSED, WRITTEN PERMISSION OF GOREE ARCHITECTS, INC. IS PROHIBITED.© GOREE ARCHITECTS 2016SHEET NUMBERSHEET NAMEISSUE DATEGOREE PROJECT NUMBERREVISION COMMENTS:DATE: MARK:REVISIONSBUILDING ELEVATIONSD005PROSPER FORDPROSPER, TEXAS03/14/2019GA 1649EXTERIOR MATERIAL ALLOCATION - CAR WASHFACADE STONE CMU METAL TOTALSOUTH (SF) 79 SF 314 SF 0 SF 393 SFSOUTH (%) 20.10 % 79.90 % 0 % 100 %NORTH (SF) 79 SF 314 SF 0 SF 393 SFNORTH (%) 20.10 % 79.90 % 0 % 100 %EAST (SF) 453 SF 1,374 SF 0 SF 1,827 SFEAST (%) 24.79 % 75.21 % 100 %WEST (SF) 437 SF 1,365 SF 0 SF 1,802 SFWEST (%) 24.25 % 75.75 % 0 % 100 %TOTAL SF 1,048 SF 3,367 SF 0 SF 4,415 SFTOTAL % 23.74 % 76.26 % 0 % 100 %PRESENTATION ELEVATION...1 DEALER SIGNAGE TO COMPLY WITH THE PROSPERORDINANCE AND BE PERMITTED SEPARATELY BY VENDOR.2 GLASS O.H. DOOR3 FORD ENTRY PORTAL BY OUTSIDE VENDOR4 DOOR AS SCHEDULED5 SOLID HIGH SPEED COILING DOOR6 GLASS HIGH SPEED COILING DOOR7 TENSION SHADE STRUCTURE 3/32" = 1'-0"2WEST ELEVATION - CAR WASH 3/32" = 1'-0"4EAST ELEVATION - CAR WASH 3/32" = 1'-0"3NORTH ELEVATION - CAR WASH 3/32" = 1'-0"1SOUTH ELEVATION - CAR WASH03/14/2019 CITY SUBMISSION 3/16" = 1'-0"5DUMPSTER SOUTH ELEVATION 3/16" = 1'-0"6DUMPSTER WEST ELEVATION 3/16" = 1'-0"7DUMPSTER NORTH ELEVATION 3/16" = 1'-0"8DUMPSTER EAST ELEVATIONPage 60Item 8. U.S. HIGHWAY 380 (Variable Width Public Right-of-Way) (Under Construction)22 60 30 0 60 120 Page 61 Item 8. Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 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 August 6, 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 Frontier Park Cell Tower 2. Site Plan for Frontier Park Temporary Building 3. Site Plan for Gates of Prosper, Phase 2 (Revised) 4. Site Plan for Goodwill Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Page 62 Item 9. LE01OVERALL SITE PLANAT&T SITE NUMBERFRONTIER PARKAT&T SITE NAMEDXL00038ScaleProject numberDateDrawn byChecked byEngineer:Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677Registration No: F-13992Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677www.celerisgroup.comSTAMP:ZGNo.DescriptionDateALEASE EXHIBIT01/21/18PRELIMINARYNOT FOR CONSTRUCTION18-1072909/26/18JACcelerisCONSULTING ENGINEERSgroupBLEASE EXHIBIT03/06/18CLEASE EXHIBIT08/29/18DLEASE EXHIBIT09/26/18Page 63Item 9. LE02DETAIL SITE PLAN /TOWER ELEVATIONAT&T SITE NUMBERFRONTIER PARKAT&T SITE NAMEDXL00038ScaleProject numberDateDrawn byChecked byEngineer:Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677Registration No: F-13992Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677www.celerisgroup.comSTAMP:ZGNo.DescriptionDateALEASE EXHIBIT01/21/18PRELIMINARYNOT FOR CONSTRUCTION18-1072909/26/18JACcelerisCONSULTING ENGINEERSgroupBLEASE EXHIBIT03/06/18CLEASE EXHIBIT08/29/18DLEASE EXHIBIT09/26/18Page 64Item 9. D19-0066 FRONTIER PARK TEMPORARY BUILDINGTemporary BuildingPage 65Item 9. TOWN OF PROSPER 15' WATERLINE ESMT. INSTR. NO. 20071115001547370 O.R.C.C.T.STATE HIGHWAY 289 (PRESTON ROAD)(VARIABLE WIDTH RIGHT-OF-WAY)6116719.400TRAVERSE POINT IR 6117719.930TRAVERSE POINT X 6118701.120TRAVERSE POINT X 6124716.760BENCH MARK S 20016719.400TRAVERSE POINT IR 20017719.930TRAVERSE POINT X 453672.800BENCH MARK SET 454721.150BENCH MARK SET 458674.940TRAVERSE POINT IR 459665.160TRAVERSE POINT IR TR U GGG GG G G UG G G GG TTTTTTTTTS S S S 5505713.2306" CEDAR 5315719.600FIRE HYDRANT TR TR FLFLFLFLFL FLFLFL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLF L FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL F L F L F L F LFLFLFLFLFLFLFL FL FL F L F L V V VVV V VFLFLFLFLFLFL 10 FLFLFLFLFLFL FL FL FL FLFLFLFLFLFL15 12 10 10 28 15 8 109 18 3 6 7 20 11 5 11 6 23 2424 1010 12 24 24 1010 9 28 20 19 1014 15 15 26 28 10 27 14 20 30 15 10 13 12 15 15 6 7 7 10 23 11 9 4 1313 10 24 9 12 6 8 7 14 VV V V VVVVV FLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL5 F L F L FLFLFL FLFLFL FL FL FL FLFLFLFLFLFL9 FLFLFLFLFLFLFLFL FL FL FL FLFL 8 26 21 29 25 15 15 9 18 29 30 30 15 16 16 9 14 30 15 10 VV V6 5 5 5 FL FL FL FLFLFLFLFLT T T T T T T T SG SG S G SG SG T T T T TTTTTTT T P P P P P P P V FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FL FL FL FLFLS S S S S GAS GASGASGASGASGASGASGASGASGASGASGASGA S GASGASGASS SSSSSSSSSSSSSS SS SS S S S S S ATTATT ATTATTATTATTATTATTATTATTATTATTATTATTATTAT T ATTATT ATTGASGASGASGASGASYIELD YIELDYIELDYIELDYIELDYIELDYIELDYIELD ONLYONLYONLYONLYONLYONLYONLYONLYONLYONLYONLY ONLYONLYONLY ONLYS S S SS S S S S S S S S S S S S S S S S S S S S S BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FT N90°00'00"W 150.00' S45°00'00"W 35.36' S86°11'09"W 150.33' N90°00'00"W923.53' ∆=34°09'35" R=805.00' L=479.94' CB=N72°55'13"W C=472.86' N55°50'25"W 56.69' N55°50'25"W 112.94' S13°11'56"E 36.78' S0°00'00"E 125.00' S3°48'51"W 150.33' S0°00'00"E 704.50' ∆=21°18'24" R=338.00' L=125.69' CB=S10°39'12"E C=124.97' ∆=39°59'13" R=38.00' L=26.52' CB=S41°18'00"E C=25.99' S61°17'36"E 36.82' ∆=35°41'21" R=83.00' L=51.70' CB=S79°08'17"E C=50.87' ∆=6°58'57" R=546.00' L=66.54' CB=N86°30'31"E C=66.50' N90°00'00"E 431.35' ∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32' ∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32'S68°25'22"E 150.00' ∆=4°00'12" R=905.00' L=63.24' CB=S57°50'31"E C=63.22' S55°50'25"E 61.66' N78°54'33"E 35.20' N33°39'32"E 189.85' S0°00'00"E 143.76' S30°18'02"W 392.59' S33°38'20"W 300.00'S33°38'20"W300.00'S35°04'16"W385.16'S29°26'34"W 159.13'10.00'N52°01'34"W 150.33' SHEET C2.02 SHEET C2.03 SHEET C2.04 SHEET C2.05 SHEET C2.06 RICHLAND BLVD.PRESTON ROADLOVERS LANE COLEMAN STREETRETAIL ±9,600 SF RETAIL ±25,000 SF ANCHOR ±55,000 SF RETAIL/RESTAURANT ±17,376 SF RETAIL ±55,222 SF RETAIL ±21,760 SF RETAIL ±8,943 SF RETAIL ±12,648 SF RETAIL ±9,963 SF RETAIL ±17,595 SF RETAIL ±6,040 SFRETAIL ±9,710 SF PATIO ±2,000 SF PATIO ±2,000 SF RETAIL/RESTAURANT ±7,752 SF RETAIL/RESTAURANT ±7,752 SF This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:46 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMEOVERALL SITE PLAN.DWG , [ Overall SP ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019C2.01OVERALL SITE PLAN00 100'200' GRAPHIC SCALE 100' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/A 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1,358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1,177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. RETAIL/RESTAURANT 247,921 SF (RETAIL) 16,440 SF (REST) 268,361 GSF 4,000 SF (PATIO) Page 66 Item 9. FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLV V V FLFLFL28 15 8 28 20 19 26 30 6 8 14 VV V FLFL FL FL FL FL FLFLFLFL FLFLFL FLFLFLFLFL5 FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLT T SG SG T T P FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FH FDC FDCFDC FDC FDC 458674.940TRAVERSE POINT IR S S S GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASS ATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTONLYONLYONLYONLYONLY 24'BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FT PD-SUBDISTRICT 2(LIFESTYLE CENTER)N90°00'00"W150.00' S45°00'00"W 35.36' S86°11'09"W150.33'N90°00'00"W923.53'S0°00'00"E125.00'S3°48'51"W150.33'S0°00'00"E704.50'629'439'474'503'COLEMAN STREET(90' ROW)LOVERS LANE (90' ROW)24'9' TYP 20'TYPR30' R30' R30'R30' 30' 30'24'8'24'30'30'24'4'24'24'TYP9' TYP 20'TYP9' TYP20'TYPFH FH FH FHFH FH WM WM WM WM MH MHMHMHMHMH MH EX FH EX FH 19'15'14'9' TYP 20'TYPBFR BFR BFR BFR120'148'85'110'80'90'81'121'78'120' 907' BFR 459'FDC CI CI CI CI CI CI CI MH R20'R20' R20'R20' R30' R30' R30' R30' R30' R30' 30' R30'24'40'85'85'2 4 '33'3 4 6 7 FH 6 7 2 672674674674676676676680678 DRAINAGE EASEMENT ULTIMATE 100-YR FLOODPLAIN 676674676EROSION HAZARD SETBACK LINE 24'SWITCHGEAR (TYP.) TRANSFORMER (TYP.) LP (TYP.) PULL BOX (TYP.) SWITCHGEAR (TYP.) LP (TYP.) 15' SSE 15' WE 15' WE 10' WE 10' WE 10' WE 10' WE 10' WE 15' WE 10' WE 15' WE 15' WE 15' SSE 10' WE 15' SSE 15' SSE 10' WE 10' WE 5 S S S S S SS S 29' DRAINAGE AND UTILITY EASEMENT 25' LANDSCAPE EASEMENT (EXCLUSIVE OF ATMOS EASEMENT) 50' ATMOS EASEMENT 15' UTILITYEASEMENT40' BUILDING SETBACK 40' BUILDING SETBACK TO FACE OF CURB OF PROPOSED DRIVEWAY. TO FACE OF CURB OF PROPOSED DRIVEWAY. 25' LANDSCAPE EASEMENT RAMP (TYP.) STAIRS (TYP.) WHEEL STOP (TYP.) WHEEL STOP (TYP.) VEGETATIVE HEADLIGHT SCREENING TO BE PLACED ALONG PARKING FACING R.O.W. (TYP.)12'X30' LOADING 12'X30' LOADING 12'X30' LOADING 12'X30' LOADING VEGETATIVE SCREENING TO BE PROVIDED PER ZONING ORDINANCE (TYP.) DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) STREET EASEMENT10' HIKE AND BIKE TRAIL (REF LANDSCAPE PLANS) 6' SIDEWALK (REF LANDSCAPE PLANS) 10' HIKE AND BIKE TRAIL (REF LANDSCAPE PLANS) EXISTING CREEK CENTERLINE DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) VEGETATIVE SCREENING TO BE PLACED ALONG PARKING TO SCREEN REAR LOADING DUMPSTERS TYPICAL APPROXIMATE LOCATION OF THE CENTERLINE OF AN EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY. EASEMENT TO BE ABANDONED AND RELOCATED. VOL. 744, PG. 491, D.R.C.C.T. (NO WIDTH GIVEN) EXISTING GAS LINE 85'WM IRRIGATION METER 10' WE 15 RETAIL ±9,600 SF 1 STORY FF=674.00 RETAIL ±8,943 SF 1 STORY FF=679.50 RETAIL ±12,648 SF 1 STORY FF=681.50 RETAIL ±9,963 SF 1 STORY FF=677.50 RETAIL ±9,710 SF 1 STORY FF=677.50 RETAIL ±21,760 SF 1 STORY FF=683.50110'FLFL FLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLV V V FLFLFLFL28 15 8 10 9 28 20 19 1014 15 26 30 6 8 14 VV V VFLFL FL FL FL FL FLFLFLFLFLFL FLFLFLFL FLFLFLFLFL5 FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLT T T SG SG T T P FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL 458674.940TRAVERSE POINT IR S S S GAS GAS GAS GASGASGASGASGASGASGASGASGASGASGASGASGASGASS ATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTONLYONLYONLYONLYONLY N90°00'00"W150.00' S45°00'00"W 35.36' S86°11'09"W150.33'N90°00'00"W923.53'S0°00'00"E125.00'S3°48'51"W150.33'S0°00'00"E704.50'CI CI CI CI CI CI CI CI 6 7 2 672674674674676676676680678 DRAINAGE EASEMENT ULTIMATE 100-YR FLOODPLAIN 676674676EROSION HAZARD SETBACK LINE SWITCHGEAR (TYP.) TRANSFORMER (TYP.) LP (TYP.) PULL BOX (TYP.) SWITCHGEAR (TYP.) LP (TYP.) S S S S S SS S S This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:52 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ Site Plan 1 ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019C2.02SITE PLAN00 40'80' GRAPHIC SCALE 40' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH GRATE INLETGI JUNCTION BOXJB S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) BFR SG T P LIGHT POLE (LP) TRANSFORMER SWITCHGEAR PULL BOX BARRIER FREE RAMP SYMBOL (REF SHEET C4.06) ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/AREFERENCE SHEET C2.03REFERENCE SHEET C2.04 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 247,921 SF (RETAIL) 16,440 SF (REST) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) 268,361 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. 4,000 SF (PATIO) RETAIL/RESTAURANT Page 67 Item 9. FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLV 10 109 18 3 6 7 20 11 5 24 9 V V5T T T S G SG TTP P FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FLFLFLFLFLFHFDCFDCFDC 6116719.400TRAVERSE POINT IR 20016719.400TRAVERSE POINT IR 454721.150BENCH MARK SET G U G S S S SONLYONLY 30' N90°00'00"W923.53'∆=34°09'35" R=805.00' L=479.94' CB=N72°55'13"W C=472.86' N 5 5 ° 5 0 ' 2 5 " W 56 . 6 9 ' N 5 5 ° 5 0 ' 2 5 " W 11 2 . 9 4 'S13°11'56"E36.78' S35°04'16"W 385.16'S29°26'34"W159.13'409'629' LOVERS LANE (90' ROW) BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FT N 5 2 ° 0 1 ' 3 4 "W 1 5 0 . 3 3 ' R30' R30'30'24'24'24'4'24' 9' TYP20'TYP9'TYP20' TYP9'TYP20' TYP 24' TYP 24'FH FH FH FHFH WM WM WM MH MH MHMH MHMH BFR BFR BFR EX FH 20'13'179'244'245'60'100'178'120'70'120' 69'202'907' CI CI CI CI JB WI R30' R30' R30'R30' R20' R20'85'141'11 8 9 R30' R30' HEADWALL HEADWALL DRAINAGE EASEMENT 15' DE DRAINAGE EASEMENT DRAINAGE EASEMENTULTIMATE 100-YR FLOODPLAIN 698 682 68468668 8 686 686690692690692 694 6966 8 0 682 684 686688684682 686 684 682 684 686686 688 690 686 688690698 696 EROSION HAZARD SETBACK LINE EROSION HAZARD SETBACK LINE PULL BOX (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) SWITCHGEAR (TYP.) TRANSFORMER (TYP.) 10' SSE 10' SSE 15' SSE 10' WE 10' WE 15' WE 10' WE 10' WE 10' WE 15' WE 10' WE 10' WE 10' WE 15' WE 10' WE 76' WI 15' DE 15' DE 10 BFR S S S S S S S 25' LANDSCAPE EASEMENT RETAINING WALLS 40' BUILDING SETBACK TO FACE OF CURB OF PROPOSED DRIVEWAY. TO FACE OF CURB OF PROPOSED DRIVEWAY. 40' BUILDING SETBACK EXISTING CREEK CENTERLINE 30' LANDSCAPEEASEMENT ANDBUILDING SETBACK15' WATER EASEMENTRETAINING WALL RETAINING WALL RETAINING WALL BY SEPARATE CONRACT UTILITYEASEMENTRAMP (TYP.) STAIRS (TYP.) TYPE III BARRICADE 12'X30' LOADING 12'X30' LOADING TRUCK DOCK ENCLOSURE W/ 14' TALL MASONRY SCREENING WALL TO MATCH BUILDING RETAINING WALL DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) 14' VEGETATIVE SCREENING TO BE PLACED ALONG RETAINING WALL TO SCREEN REAR LOADING AND DUMPSTERS (TYP.) 14' VEGETATIVE SCREENING TO BE PLACED ALONG RETAINING WALL TO SCREEN REAR LOADING AND DUMPSTERS (TYP.) 10' HIKE AND BIKE TRAIL (REF LANDSCAPE PLANS) 10' HIKE AND BIKE TRAIL (REF LANDSCAPE PLANS) 6' SIDEWALK (REF LANDSCAPE PLANS) STREET EASEMENT TRENCH DRAIN JB MH 55' TRUCK DOCK ENCLOSURE W/ 14' TALL MASONRY SCREENING WALL TO MATCH BUILDING RETAIL ±55,222 SF 1 STORY FF=688.50 RETAIL ±21,760 SF 1 STORY FF=683.50 RETAIL ±17,595 SF 1 STORY FF=691.50 RETAIL ±6,040 SF 1 STORY FF=685.50 TRENCH DRAIN 691.50 FL FLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FL FL F LVV10 109 18 3 6 7 20 11 5 11 6 23 24249 23 24 9 V VV5T T T S G SG TTP P FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFL6116719.400TRAVERSE POINT IR 20016719.400TRAVERSE POINT IR 454721.150BENCH MARK SET G U G S S S SONLYONLYN90°00'00"W923.53'∆=34°09'35" R=805.00' L=479.94' CB=N72°55'13"W C=472.86' N 5 5 ° 5 0 ' 2 5 " W 56 . 6 9 ' N 5 5 ° 5 0 ' 2 5 " W 11 2 . 9 4 'S13°11'56"E36.78'S35°04'16"W 385.16'S29°26'34"W159.13'N 5 2 ° 0 1 ' 3 4 "W 1 5 0 . 3 3 ' MH MH MHMH MHMH CI CI CI CI JB CI CI JB WI680HEADWALL HEADWALL DRAINAGE EASEMENT 15' DE DRAINAGE EASEMENT DRAINAGE EASEMENTULTIMATE 100-YR FLOODPLAIN 698 682 68468668 8 686 686690692690692 694 6966 8 0 682 684 686688684682 686 684 682 684 686686 688 690 686 688690698 696 EROSION HAZARD EROSION HAZARD SETBACK LINE EROSION HAZARD SETBACK LINE PULL BOX (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) SWITCHGEAR (TYP.) TRANSFORMER (TYP.) LP (TYP.) 10' SSE 10' SSE 15' SSE WI 15' DE 15' DE S S S S S S S JB MH 691.50 C2.03SITE PLANThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:52 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ Site Plan 2 ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES 00 40'80' GRAPHIC SCALE 40' N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH GRATE INLETGI JUNCTION BOXJB S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) BFR SG T P LIGHT POLE (LP) TRANSFORMER SWITCHGEAR PULL BOX BARRIER FREE RAMP SYMBOL (REF SHEET C4.06) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/A REFERENCE SHEET C2.05REFERENCE SHEET C2.02247,921 SF (RETAIL) 16,440 SF (REST) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) 268,361 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. 4,000 SF (PATIO) RETAIL/RESTAURANT 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Page 68 Item 9. FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL1014 15 15 28 10 27 14 20 12 7 VVFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFL15 15 9 18 29 30 30 15 16 16 9 14 30 15 10 VVT T SG TT T P P P GGG GG GGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASG A S GASS S ATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTAT T ATTATTGASGASGASGASGASGASGASGASGASGASYIELDYIELDYIELDYIELDONLYONLYONLY 304'30' RICHLAND BOULEVARD (90' ROW) BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FTS0°00'00"E704.50'∆=21°18'24" R=338.00' L=125.69' CB=S10°39'12"E C=124.97' ∆=39°59'13" R=38.00' L=26.52' CB=S41°18'00"E C=25.99'S61°17'36"E 36.82' ∆=35°41'21" R=83.00' L=51.70' CB=S79°08'17"E C=50.87' ∆=6°58'57" R=546.00' L=66.54' CB=N86°30'31"E C=66.50' N90°00'00"E 431.35' ∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32'S0°00'00"E143.76'503'267'366'COLEMAN STREET(90' ROW)PD-SUBDISTRICT 2(LIFESTYLE CENTER)R30' R30' R30' R30' 24'8'24' 30'30'24'8'24'24'TYP9' TYP 20'TYP24'TYP9' TYP 20'TYP15'TYP24' FH FH FH FH FH FH FH FH FH WM WM FDC FDC MH MH MH MH 20'15.5'BFRBFRBFR140'179'240'224' 90'459'30'CI CI CI CI CI CI CI CI CI CI CI CI CICICI CI CI CI CI CI JB JB CICI WI CIBFRR30' R30' R20' R20' R30' R30' R30' R30'24'24' 1 2 36'39'78' 24' SWITCHGEAR (TYP.) TRANSFORMER (TYP.) PULL BOX (TYP.) PULL BOX (TYP.) LP (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) 10' WE10' WE 10' WE 10' WE 10' WE 15' WE 10' WE 15' WE 10' WE 10' WE 15' WE 15' WE 15' SSE 15' WE 15' DE 15' DE WI 6' SS S S 25' LANDSCAPE EASEMENT 40' BUILDING SETBACK 15' BUILDING SETBACK TO FACE OF CURB OF PROPOSED DRIVEWAY. STREET EASEMENT15' UTILITYEASEMENT15' UTILITY EASEMENT 25' LANDSCAPE EASEMENT (EXCLUSIVE OF ATMOS EASEMENT)PROPOSED GAS LINE ALIGNMENTBY SEPARATE CONTRACT40' BUILDING SETBACK TRUCK DOCK WHEEL STOP (TYP.) WHEEL STOP (TYP.) 12'X30' LOADING VEGETATIVE SCREENINGTO BE PROVIDED PERZONING ORDINANCE (TYP.)TRUCK DOCK ENCLOSURE W/ 14' TALL MASONRY SCREENING WALL TO MATCH BUILDING TRASH COMPACTOR ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL TO MATCH BUILDING 6' SIDEWALK (REF LANDSCAPE PLANS) 6' SIDEWALK (REF LANDSCAPE PLANS) 6' SIDEWALK (REF LANDSCAPE PLANS)6' SIDEWALK (REF LANDSCAPE PLANS) VARYING WIDTH DRAINAGE AND UTILITY EASEMENT52'APPROXIMATE LOCATION OF THE CENTERLINE OF AN EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY VOL. 744, PG. 491, D.R.C.C.T. (NO WIDTH GIVEN) EXISTING GAS LINE RETAIL ±25,000 SF 1 STORY FF=674.00 ANCHOR ±55,000 SF 1 STORY FF=674.00 FLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLVFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL10 20 1014 15 15 28 10 27 14 20 30 10 12 7 VVVFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL FL FLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLFL FLFLFL 15 15 9 18 29 30 30 15 16 16 9 14 30 15 10 VVT T SG TT T P P P GGG GG GGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASG A S GASS S ATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTATTAT T ATTATTGASGASGASGASGASGASGASGASGASGASYIELDYIELDYIELDYIELDONLYONLYONLYONLY S0°00'00"E704.50'∆=21°18'24" R=338.00' L=125.69' CB=S10°39'12"E C=124.97' ∆=39°59'13" R=38.00' L=26.52' CB=S41°18'00"E C=25.99'S61°17'36"E 36.82' ∆=35°41'21" R=83.00' L=51.70' CB=S79°08'17"E C=50.87' ∆=6°58'57" R=546.00' L=66.54' CB=N86°30'31"E C=66.50' N90°00'00"E 431.35' ∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32'S0°00'00"E143.76'MH MH MH MH CI CI CI CI CI CI CI CI CI CI CI CI CI CI CICICI CI CI CI CI CI JB JB CICI MH WI CI SWITCHGEAR (TYP.) TRANSFORMER (TYP.) PULL BOX (TYP.) PULL BOX (TYP.) LP (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) 15' SSE 15' DE 15' DE WI SS S S S C2.04SITE PLANThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:52 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ Site Plan 3 ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH GRATE INLETGI JUNCTION BOXJB S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) BFR SG T P LIGHT POLE (LP) TRANSFORMER SWITCHGEAR PULL BOX BARRIER FREE RAMP SYMBOL (REF SHEET C4.06) ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES 00 40'80' GRAPHIC SCALE 40' N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/A REFERENCE SHEET C2.02 REFERENCE SHEET C2.05380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 247,921 SF (RETAIL) 16,440 SF (REST) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) 268,361 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. 4,000 SF (PATIO) RETAIL/RESTAURANT Page 69 Item 9. FLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L F L F LFLF L FL FL FL FL FL FL FL F L F L F L F L F LV10 15 12 10 11 6 23 2424 1010 12 24 24 1010 9 15 10 13 12 15 15 6 23 11 1313 10 VVF L FL F L FL FL FL F LFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFL FL FL FL FL FL FL FL FLV6 5 5 T TTTV 6117719.930TRAVERSE POINT X 6124716.760BENCH MARK S 20017719.930TRAVERSE POINT X 30'GATES OF PROSPER PHASE 1 BLOCK B LOT 4 GATES OF PROSPER PHASE 1 BLOCK B LOT 3 S33°38'20"W 300.00'S33°38'20"W300.00'S35°04'16"W385.16'409'344'9'TYP20' TYP 24' TYP R30' R30' R30' R30'30'615'9' TYP 20'TYP9'TYP20' TYP 24' TYP 24'24' 24'30'30'FH FH FH FH FH FH FH FH FH WM FDC MH MH MH 142'122'BFRBFR BFR17'22'22'12'PRESTON ROAD (SH 289)(VARYING WIDTH R.O.W.)24'24'CI CI CI CI CI CI CI CI CI CI JB JB JB JB GI GI GI GIGI R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R20' R20' R150' R100' 12 BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FT LP (TYP.) TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) TRANSFORMER (TYP.) 15' SSE 15' WE 10' WE 15' WE 15' WE 10' WE 10' WE 15' WE 15' WE 10' WE 15' WE 10' WE 10' WE 10' WE 15' SSE 15' SSE 10' WE 10' WE 10' WE 15' DE 15' DE 15' DE WI WI MHMH S S S S S 30' LANDSCAPEEASEMENT ANDBUILDING SETBACKRETAINING WALL RETAINING WALL TO FACE OF CURB OF LOVERS LANE. TO FACE OF CURB OF PROPOSED DRIVEWAY. TO FACE OF CURB OF RICHLAND BLVD. RETAINING WALLRETAINING WALL 15' WATER EASEMENTUTILITY EASEMENTRETAINING WALL TYPE III BARRICADE WHEEL STOP (TYP.) 12'X30' LOADING 6' SIDEWALK (REF LANDSCAPE PLANS) DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) RETAIL/RESTAURANT ±17,376 SF 1 STORY FF=685.00 51' 34' FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L F L F LFLFLFLFLF L FL FL FL FL FL FL FL FL FL F L F L F L F L F LV10 FL FLFLFLFLFLFLFLFL15 12 10 5 11 6 23 2424 1010 12 24 24 1010 9 15 10 13 12 15 15 6 23 11 1313 10 V VVF L FL F L FL FL FL F L FL F L FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL F L 8 V6 5 5 T TTTTV FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL 6117719.930TRAVERSE POINT X 6124716.760BENCH MARK S 20017719.930TRAVERSE POINT X CI CI CI CI CI CI CI CI JB CI CI JB JB JB JB GI GI GI GIGI LP (TYP.) TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) TRANSFORMER (TYP.) WI 15' DE 15' DE 15' DE 15' DE WI WI S S S S S C2.05SITE PLANThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:52 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ Site Plan 4 ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH GRATE INLETGI JUNCTION BOXJB S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) BFR SG T P LIGHT POLE (LP) TRANSFORMER SWITCHGEAR PULL BOX BARRIER FREE RAMP SYMBOL (REF SHEET C4.06) ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES 00 40'80' GRAPHIC SCALE 40' N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/A REFERENCE SHEET C2.03 REFERENCE SHEET C2.04REFERENCE SHEET C2.06 R E F E R E N C E S H E E T C 2 . 0 6 380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 247,921 SF (RETAIL) 16,440 SF (REST) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) 268,361 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. 4,000 SF (PATIO) RETAIL/RESTAURANT Page 70 Item 9. FLFLFLFLFLFLFLFLFLFLFLF L F L F L F L FL FL V V 15 12 1010 12 15 7 7 10 9 4 1313V FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL F L F L F L F L F L FLFLFLFLFLFLFL F L FLFLFLFLFLF L FL F L FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL9 FLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL F L FLFL FL FL 8 26 21 29 25 T T TTP TOWN OF PROSPER 15' WATERLINE ESMT. INSTR. NO. 20071115001547370 O.R.C.C.T. 6118701.120TRAVERSE POINT X TR U G G G G TTT5505713.2306" CEDAR TRONLY 30'GATES OF PROSPER PHASE 1 BLOCK B LOT 1 BLOCK A LOT 1 52.12 ACRES 2,270,347 SQ FT ∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32' S68 ° 2 5 ' 2 2 " E 150 . 0 0 ' ∆=4°00'12" R=905.00' L=63.24' CB=S57°50'31"E C=63.22' S 5 5 ° 5 0 ' 2 5 " E 61 . 6 6 ' N78°54'33"E 35.20'N33°39'32"E189.85'S30°18'02"W392.59'S33°38'20"W 300.00'S33°38'20"W615'RIC H L A N D B O U L E V A R D (90' R O W ) N6 0 ° 5 1 ' 3 2 " W 15 0 . 0 0 ' R30' R30'615'24' 24' 24' 9' TYP 20'TYP9'TYP20' TYP TYP 24'9'TYPFH FH FH FH FH FH FH FH WM WM WM FDC FDC MH MH MH MH 142'122'BFR12'PRESTON ROAD (SH 289)(VARYING WIDTH R.O.W.)30' 31' BFR BFR24'24'24'9' TYP.20'TYP. 24' CI CI CI CI CI CI CI CI CI JB JB RETAINING WALL R30' R30' R30' R30' R30' R30'R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' RETAINING WALL RETAINING WALL 87' 87'15' 13'43' 22'19'50' R30' R54' 12 13 14 R30' 18' 24' TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) 20' SSE 10' WE 15' WE 15' WE 10' WE 10' WE 10' WE 10' WE 10' WE 10' WE 15' WE 15' WE 10' WE 15' WE 10' WE 15' SSE 10' WE 10' WE 15' DE 15' DE WI GI GI MHMH MH MH S S S S S S S TO FACE OF CURB OF PROPOSED DRIVEWAY. TO FACE OF CURB OF RICHLAND BLVD. RETAINING WALLRETAINING WALL 30' LANDSCAPEEASEMENT ANDBUILDING EASEMENT15' WATER EASEMENT25' LANDSCAPE EASEMENT 15' BUILDING SETBACK UTILITY EASEMENTUTILITY EASEMENTTYPE III BARRICADE TYPE III BARRICADE 12'X30' LOADING VEGETATIVE SCREENING TO BE PLACED ALONG TOP OF WALL TO SCREEN REAR LOADING AND DUMPSTERS (TYP.) VEGETATIVE SCREENING TO BE PROVIDED PER ZONING ORDINANCE (TYP.) DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) VEGETATIVE HEADLIGHT SCREENING TO BE PLACED ALONG PARKING FACING R.O.W. (TYP.) 6' SIDEWALK (REF LANDSCAPE PLANS) 6' SIDEWALK (REF LANDSCAPE PLANS) STREET EASEMENT 108'72'19'19'108'72'46' 46'43'15'13'85' PATIO ±2,000 SF PATIO ±2,000 SF DUMPSTER ENCLOSURE W/ 8' TALL MASONRY SCREENING WALL (BRICK AND STONE) TO MATCH BUILDING AND 8' METAL GATE. DUAL ENCLOSURES 15'X23' (TYP.) ±17,376 SF 1 STORY FF=685.00 RETAIL/RESTAURANT ±7,752 SF 1 STORY FF=696.00 RETAIL/RESTAURANT ±7,752 SF 1 STORY FF=696.00 FH 10' WE 51' 34'FLFLFLFLFLFLFLFLFLFLFLFLFLFLF L F L F L F L F L F L F L F L F L V VFLFLFLFLFLFLFLFLFLFLFLFL FLFL15 12 10 15 10 13 12 15 15 6 7 7 10 9 4 1313V VFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL F L FL FL FL F L F L FLFLFLFLFLFLFL F L FLFLFLFLFLF L FL F L FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL9 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL F L FLFL FL FL 8 26 21 29 25 T T TTP 6118701.120TRAVERSE POINT X G ONLY∆=20°37'01" R=895.00' L=322.05' CB=S79°41'29"E C=320.32' S68 ° 2 5 ' 2 2 " E 189.85'S30°18'02"W392.59'S33°38'20"W 300.00'S33°38'20"W300.00'CI CI CI CI CI CI CI CI CI CI CI JB JB TRANSFORMER (TYP.) LP (TYP.) LP (TYP.) PULL BOX (TYP.) TRANSFORMER (TYP.) 15' DE 15' DE WI GI S S S S S S S C2.06SITE PLANThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKCAAJCRLAST SAVED7/31/2019 3:52 PMPLOTTED BYBECKLER, RACHEL 7/31/2019 3:54 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_PHASE 1\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ Site Plan 5 ]IMAGES town logo :XREFS xBrdr-PH1 : xsite-ph1 : xStrm-PH1 : xsurv-ph1 : xutil-ph1 : xsite-lrc : xstriping : xstrm-lrc : xutil-lrc : xcreeks : xhtch-ph1068109030GATES OF PROSPERPHASE 2PROSPER, TEXAS© 2019 KIMLEY-HORN AND ASSOCIATES, INC.JULY 2019TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR LINE - MAJOR EXISTING CONTOUR LINE - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH GRATE INLETGI JUNCTION BOXJB S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) BFR SG T P LIGHT POLE (LP) TRANSFORMER SWITCHGEAR PULL BOX BARRIER FREE RAMP SYMBOL (REF SHEET C4.06) ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. ANY ADDITIONAL ENCLOSURES WILL REQUIRE REAPPROVAL BY TOWN STAFF. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. TOWN SITE PLAN NOTES 00 40'80' GRAPHIC SCALE 40' N.T.S. US HWY 380 (UNIVERSITY)BNSF RAILROADBUS. 289 (COLEMAN)TOWN OF PROSPER RI C H L A N D LOVERS LNLOVERS LN CITY OF FRISCO STATE HWY 289 (PRESTON)1 2 3 4 5 VICINITY AND KEY MAP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ID BLOCK A TYPE DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC DOMESTIC A A A A A A A A A A A A A SIZE 2" 2" 2" 2" 3" 2" 2" 2" 2" 2" 2 1/2" 2" 2" 2" LOT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SANITARY SEWER 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" 8" METER SCHEDULE 15 IRRIGATIONA 2"1 N/A REFERENCE SHEET C2.05 REFERENCE SHEET C2.04380 & 289 LP 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 Kimley-Horn and Associates, Inc. 260 East Davis Street, Suite 100 McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)-301-2580 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 247,921 SF (RETAIL) 16,440 SF (REST) SITE DATA SUMMARY TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC 2,270,347 SF; 52.12 AC BUILDING AREA (gross square footage) 268,361 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residentail zoning) TOTAL PARKING PROVIDED 1358 SURFACE SPACES TOTAL HANDICAP REQUIRED 24 SPACES TOTAL HANDICAP PROVIDED 42 SPACES USABLE OPEN SPACE REQUIRED 158,924 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 164,206 SQ. FT. (7%) BLOCK A, LOT 1 *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:100 FOR RESTAURANT, 1:250 FOR RETAIL, 1:200 FOR PATIO) IMPERVIOUS SURFACE 723,554 SQ. FT. 1 STORY; (REF FINAL DESIGN OF EACH BUILDING FOR HEIGHT) 11.8% 0.118:1 1177 SPACES INTERIOR LANDSCAPING REQUIRED 20,370 SQ. FT. INTERIOR LANDSCAPING PROVIDED 20,370 SQ. FT. 4,000 SF (PATIO) RETAIL/RESTAURANT Page 71 Item 9. NSITEVICINITY MAPNO SCALE R EV I SJ A N U A R Y 1 8 , 2 0 1 8O N F E M A F I R M 4 8 0 8 5 C 0 2 3 5 JE D T O R E F L E C T L O M R E F F E C T I V EF L O O D P L A I NRETAIL STORE16,361 SFFFE: 669.45GORGEOUS ROADMcKINLEY STREETCOLEMAN STREET SITE PLANGOODWILL PROSPER ADDITIONBLOCK A, LOT 1TOWN PROJECT # D19-0055JULY 26, 20191.943 GROSS ACRES1.650 NET ACRES030'12160 N. ABRAMS RD., STE. 508 DALLAS, TX 75243 PH: 214.503.0555ENGINEERS - ARCHITECTS - PLANNERSTEXAS PROFESSIONAL LAND SURVEYING FIRM REGISTRATION NO. 10116400TEXAS REGISTERED ENGINEERING FIRM F-2827 TEXAS REGISTERED ARCHITECTURE FIRM BR1360GOODWILL INDUSTRIES OF NORTHEAST TEXASPROSPER RETAIL STORE & DONATION CENTERSITE PLANC1.2DESIGNPage 72Item 9. Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Submission of the FY 2019-2020 Proposed Budget and Budget Message by the Town Manager. Description of Agenda Item: In accordance with Town Charter, the referenced documentation completes the Town Manager’s submission of the Proposed Budget and Budget Message for Fiscal Year 2019-2020. The FY 2019-2020 Proposed Budget, including the Budget Message from the Town Manager, was submitted to the Town Council under separate cover. Town Staff Recommendation: Town staff has submitted the FY 2019-2020 Proposed Budget and Budget Message under separate cover to the Town Council for review. Prosper is a place where everyone matters. FINANCE Page 73 Item 10. Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider accepting submission of the 2019 effective tax rate of $0.494939 per $100 taxable value and the rollback tax rate of $0.530272 per $100 taxable value. Description of Agenda Item: State law requires municipalities to submit to their governing boards and publish in a local newspaper a notice showing their effective and rollback tax rates and the notice-and-hearing limit for the upcoming fiscal year. The effective tax rate will produce the same amount of tax revenue if applied to the same properties in both years. The rollback rate is the highest tax rate the Town can set before taxpayers can initiate rollback procedures. All taxing units that levied property taxes in 2018 and intend to levy them in 2019 must calculate an effective tax rate and a rollback tax rate. Although the actual calculation is more detailed, the Town’s effective tax rate is generally equal to the prior year’s taxes divided by the current taxable value of properties that were also on the tax roll in the prior year. The effective tax rate is intended to enable the public to evaluate the relationship between taxes for the current year and taxes that a proposed tax rate would produce if applied to the same properties taxed in both years. The rollback rate calculation is split into two separate components: an operating and maintenance rate and a debt rate. The rollback rate calculation allows municipalities to raise eight percent of the prior year’s operating and maintenance money, plus the necessary debt rate. State law also requires municipalities to publish the effective and rollback tax rates, and to hold two public hearings if the proposed tax rate exceeds the lower of the effective or rollback tax rate. Because the Town’s proposed tax rate of $0.520000 is higher than the effective tax rate of $0.494939, the Town is required to hold two public hearings on the tax rate. Attached Documents: 1. 2019 Effective Tax Rate Worksheet Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the 2019 effective tax rate of $0.494939 per $100 taxable value and the rollback tax rate of $0.530272 per $100 taxable value. Prosper is a place where everyone matters. FINANCE Page 74 Item 11. Page 2 of 2 Proposed Motion: I move to accept the submission of the 2019 effective tax rate of $0.494939 per $100 taxable value and the rollback tax rate of $0.530272 per $100 taxable value. Page 75 Item 11. 2019 Tax Rate Calculation Worksheet Date: 08/05/2019 05:05 PM Taxing Units Other Than School Districts or Water Districts Town of Prosper 972-346-2640 Taxing Unit Name Phone (area code and number) 121 W. Broadway, Prosper, TX 75078 www.prospertx.gov Taxing Unit's Address, City, State, ZIP Code Taxing Unit's Website Address GENERAL INFORMATION: Tax Code Section 26.04(c) requires an officer or employee designated by the governing body to calculate the effective tax rate and rollback tax rate for the taxing unit. These tax rates are expressed in dollars per $100 of taxable value calculated. The calculation process starts after the chief appraiser delivers to the taxing unit the certified appraisal roll and the estimated values of properties under protest. School districts do not use this form, but instead use Comptroller Form 50-859 Tax Rate Calculation Worksheet for School Districts. Water districts as defined under Water Code Section 49.001(1) do not use this form, but instead use Comptroller Form 50-858 Water District Rollback Tax Rate Worksheet. This worksheet is provided to assist taxing units in determining tax rates. The information provided in this worksheet is offered as technical assistance and not legal advice. Taxing units should consult legal counsel for interpretations of law regarding tax rate preparation and adoption. SECTION 1: Effective Tax Rate (No New Taxes) The effective tax rate enables the public to evaluate the relationship between taxes for the prior year and for the current year based on a tax rate that would produce the same amount of taxes (no new taxes) if applied to the same properties that are taxed in both years. When appraisal values increase, the effective tax rate should decrease. The effective tax rate for a county is the sum of the effective tax rates calculated for each type of tax the county levies. Effective Tax Rate Activity Amount/Rate 1. 2018 total taxable value. Enter the amount of 2018 taxable value on the 2018 tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-third over-appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14).1 $4,007,238,827 2. 2018 tax ceilings. Counties, cities and junior college districts. Enter 2018 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing unit adopted the tax ceiling provision in 2018 or a prior year for homeowners age 65 or older or disabled, use this step.2 $278,562,961 3. Preliminary 2018 adjusted taxable value. Subtract Line 2 from Line 1.$3,728,675,866 4. 2018 total adopted tax rate.$0.520000/$100 5. 2018 taxable value lost because court appeals of ARB decisions reduced 2018 appraised value. A. Original 2018 ARB Values. B. 2018 values resulting from final court decisions. C. 2018 value loss. Subtract B from A.3 $36,399,848 $30,316,118 $6,083,730 6. 2018 taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C.$3,734,759,596 7. 2018 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2018. Enter the 2018 value of property in deannexed territory.4 $0 8. 2018 taxable value lost because property first qualified for an exemption in 2019. Page 76 Item 11. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods-in-transit exemptions. A. Absolute exemptions. Use 2018 market value: B. Partial exemptions. 2019 exemption amount or 2019 percentage exemption times 2018 value: C. Value loss. Add A and B.5 $17,226,814 $40,903,341 $58,130,155 9. 2018 taxable value lost because property first qualified for agricultural appraisal (1- d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2019. Use only properties that qualified in 2019 for the first time; do not use properties that qualified in 2018. A. 2018 market value: B. 2019 productivity or special appraised value: C. Value loss. Subtract B from A.6 $0 $0 $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$58,130,155 11. 2018 adjusted taxable value. Subtract Line 10 from Line 6.$3,676,629,441 12. Adjusted 2018 taxes. Multiply Line 4 by Line 11 and divide by $100.$19,118,473 13. Taxes refunded for years preceding tax year 2018. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2018. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2018. This line applies only to tax years preceding tax year 2018.7 $15,525 14. Taxes in tax increment financing (TIF) for tax year 2018. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2019 captured appraised value in Line 16D, enter 0.8 $355,679 15. Adjusted 2018 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14.9 $18,778,319 16. Total 2019 taxable value on the 2019 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled.10 A. Certified values: B. Counties: Include railroad rolling stock values certified by the Comptroller's office: C. Pollution control and energy storage system exemption : Deduct the value of property exempted for the current tax year for the first time as pollution control or energy storage system property: D. Tax increment financing: Deduct the 2019 captured appraised value of property taxable $4,411,400,248 $0 $0 $65,968,518Page 77 Item 11. by a taxing unit in a tax increment financing zone for which the 2019 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below.11 E. Total 2019 value. Add A and B, then subtract C and D.$4,345,431,730 17. Total value of properties under protest or not included on certified appraisal roll.12 A. 2019 taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value.13 B. 2019 value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value.14 C. Total value under protest or not certified: Add A and B. $198,730,513 $0 $198,730,513 18. 2019 tax ceilings. Counties, cities and junior colleges enter 2019 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision in 2018 or a prior year for homeowners age 65 or older or disabled, use this step.15 $335,094,744 19. 2019 total taxable value. Add Lines 16E and 17C. Subtract Line 18.$4,209,067,499 20. Total 2019 taxable value of properties in territory annexed after Jan. 1, 2018. Include both real and personal property. Enter the 2019 value of property in territory annexed.16 $367,649 21. Total 2019 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2018. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, 2018, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2019.17 $414,634,110 22. Total adjustments to the 2019 taxable value. Add Lines 20 and 21.$415,001,759 23. 2019 adjusted taxable value. Subtract Line 22 from Line 19.$3,794,065,740 24. 2019 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.18 $0.494939/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2019 county effective tax rate.19 1Tex. Tax Code Section 26.012(14) 9Tex. Tax Code Section 26.012(13) 2Tex. Tax Code Section 26.012(14) 10Tex. Tax Code Section 26.012 3Tex. Tax Code Section 26.012(13) 11Tex. Tax Code Section 26.03(c) 4Tex. Tax Code Section 26.012(15) 12Tex. Tax Code Section 26.01(c) and (d) Page 78 Item 11. 5Tex. Tax Code Section 26.012(15) 13Tex. Tax Code Section 26.01(c) 6Tex. Tax Code Section 26.012(15) 14Tex. Tax Code Section 26.01(d) 7Tex. Tax Code Section 26.012(13) 15Tex. Tax Code Section 26.012(6) 8Tex. Tax Code Section 26.03(c) 16Tex. Tax Code Section 26.012(17) Page 79 Item 11. SECTION 2: Rollback Tax Rate The rollback tax rate is split into two separate rates: 1.Maintenance and Operations (M&O): The M&O portion is the tax rate that is needed to raise the same amount of taxes that the taxing unit levied in the prior year plus eight percent. This rate accounts for such things as salaries, utilities and day-to-day operations. 2.Debt: The debt tax rate includes the debt service necessary to pay the taxing unit's debt payments in the coming year. This rate accounts for principal and interest on bonds and other debt secured by property tax revenue. The rollback tax rate for a county is the sum of the rollback tax rates calculated for each type of tax the county levies. In most cases the rollback tax rate exceeds the effective tax rate, but occasionally decreases in a taxing unit's debt service will cause the effective tax rate to be higher than the rollback tax rate. Rollback Tax Rate Activity Amount/Rate 26. 2018 maintenance and operations (M&O) tax rate.$0.367500/$100 27. 2018 adjusted taxable value. Enter the amount from Line 11.$3,676,629,441 28. 2018 M&O taxes. A. Multiply Line 26 by Line 27 and divide by $100. B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses in 2018. Enter amount from full year's sales tax revenue spent for M&O in 2018 fiscal year, if any. Other taxing units enter 0. Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent. C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other taxing units enter 0. D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in H below. The taxing unit receiving the function will add this amount in H below. Other taxing units enter 0. E. Taxes refunded for years preceding tax year 2018: Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year 2018. This line applies only to tax years preceding tax year 2018. F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no 2019 captured appraised value in Line 16D, enter 0. H. Adjusted M&O Taxes. Add A, B, C, E and F. For taxing unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $13,511,613 $0 $0 $0 $10,966 $0 $251,369 $13,271,210Page 80 Item 11. 29. 2019 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet.$3,794,065,740 30. 2019 effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100.$0.349789/$100 31. 2019 rollback maintenance and operation rate. Multiply Line 30 by 1.08.$0.377772/$100 32. Total 2019 debt to be paid with property taxes and additional sales tax revenue. Debt means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses. A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. Enter debt amount. B. Subtract unencumbered fund amount used to reduce total debt. C. Subtract amount paid from other resources. D. Adjusted debt. Subtract B and C from A. $7,022,741 $603,911 $0 $6,418,830 33. Certified 2018 excess debt collections. Enter the amount certified by the collector.$0 34. Adjusted 2019 debt. Subtract Line 33 from Line 32D.$6,418,830 35. Certified 2019 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.00% 36. 2019 debt adjusted for collections. Divide Line 34 by Line 35 $6,418,830 37. 2019 total taxable value. Enter the amount on Line 19.$4,209,067,499 38. 2019 debt tax rate. Divide Line 36 by Line 37 and multiply by $100.$0.152500/$100 39. 2019 rollback tax rate. Add Lines 31 and 38.$0.530272/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2019 county rollback tax rate. Page 81 Item 11. SECTION 3: Additional Sales Tax to Reduce Property Taxes Cities, counties and hospital districts may levy a sales tax specifically to reduce property taxes. Local voters by election must approve imposing or abolishing the additional sales tax. If approved, the taxing unit must reduce its effective and rollback tax rates to offset the expected sales tax revenue. This section should only be completed by a county, city or hospital district that is required to adjust its effective tax rate and/or rollback tax rate because it adopted the additional sales tax. Activity Amount/Rate 41. Taxable Sales. For taxing units that adopted the sales tax in November 2018 or May 2019, enter the Comptroller's estimate of taxable sales for the previous four quarters.20 Estimates of taxable sales may be obtained through the Comptroller's Allocation Historical Summary webpage. Taxing units that adopted the sales tax before November 2018, skip this line. $0 42. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue.21 Taxing units that adopted the sales tax in November 2018 or in May 2019. Multiply the amount on Line 41 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95.22 - or - Taxing units that adopted the sales tax before November 2018. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. $0 43. 2019 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet.$4,209,067,499 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $100.$0/$100 45. 2019 effective tax rate, unadjusted for sales tax.23 Enter the rate from Line 24 or 25, as applicable, on the Effective Tax Rate Worksheet.$0.494939/$100 46. 2019 effective tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2018 or in May 2019. Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November 2018. $0.494939/$100 47. 2019 rollback tax rate, unadjusted for sales tax.24 Enter the rate from Line 39 or 40, as applicable, of the Rollback Tax Rate Worksheet.$0.530272/$100 48. 2019 rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47.$0.530272/$100 17Tex. Tax Code Section 26.012(17) 18Tex. Tax Code Section 26.04(c) 19Tex. Tax Code Section 26.04(d) 20Tex. Tax Code Section 26.041(d) 21Tex. Tax Code Section 26.041(i) 22Tex. Tax Code Section 26.041(d) 23Tex. Tax Code Section 26.04(c) 24Tex. Tax Code Section 26.04(c) Page 82 Item 11. SECTION 4: Additional Rollback Protection for Pollution Control A taxing unit may raise its rate for M&O funds used to pay for a facility, device or method for the control of air, water or land pollution. This includes any land, structure, building, installation, excavation, machinery, equipment or device that is used, constructed, acquired or installed wholly or partly to meet or exceed pollution control requirements. The taxing unit's expenses are those necessary to meet the requirements of a permit issued by the Texas Commission on Environmental Quality (TCEQ). The taxing unit must provide the tax assessor with a copy of the TCEQ letter of determination that states the portion of the cost of the installation for pollution control. This section should only be completed by a taxing unit that uses M&O funds to pay for a facility, device or method for the control of air, water or land pollution. Additional Rollback Protection for Pollution Control Activity Amount/Rate 49. Certified expenses from the Texas Commission on Environmental Quality (TCEQ). Enter the amount certified in the determination letter from TCEQ.25 The taxing unit shall provide its tax assessor-collector with a copy of the letter.26 $0 50. 2019 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet.$4,209,067,499 51. Additional rate for pollution control. Divide Line 49 by Line 50 and multiply by $100.$0/$100 52. 2019 rollback tax rate, adjusted for pollution control. Add Line 51 to one of the following lines (as applicable): Line 39, Line 40 (counties) or Line 48 (taxing units with the additional sales tax). $0.530272/$100 SECTION 5: Total Tax Rate Indicate the applicable total tax rates as calculated above. Effective tax rate (Line 24; line 25 for counties; or line 46 if adjusted for sales tax)$0.494939 Rollback tax rate (Line 39; line 40 for counties; or line 48 if adjusted for sales tax)$0.530272 Rollback tax rate adjusted for pollution control (Line 52)$0.530272 SECTION 6: Taxing Unit Representative Name and Signature Enter the name of the person preparing the tax rate as authorized by the taxing unit. print here Printed Name of Taxing Unit Representative sign here ________________________________________________________________ Taxing Unit Representative Date 25Tex. Tax Code Section 26.045(d) 26Tex. Tax Code Section 26.045(i) Karen Thier 8/05/2019 Page 83 Item 11. Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon a proposed FY 2019-2020 property tax rate. Description of Agenda Item: This agenda item is to set the proposed tax rate to publish for consideration. According to Section 26.05(d) of the Property Tax Code, the Town is required to hold two public hearings and publish a newspaper ad if proposing to consider a tax rate that exceeds the effective rate or rollback rate, whichever is lower. The rate the Town finally adopts can be lower than the proposed and published rate, but it cannot exceed it without undergoing the required posting requirements and timeframes. This item requires a record vote. Budget Impact: Cost to publish the notice is budgeted, if required. Town Staff Recommendation: Town staff recommends that the Town Council propose a rate of $0.52 per $100 in valuation. If making your motion according to staff’s recommendation, please use the following: Proposed Motion: I move to place a proposal to adopt a FY 2019-2020 tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) of valuation on the September 10, 2019, Town Council Agenda. Prosper is a place where everyone matters. FINANCE Page 84 Item 12. Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director From: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon scheduling Public Hearings on the FY 2019-2020 Proposed Budget. Description of Agenda Item: Chapter 102 of the Texas Local Government Code requires the Town to hold a public hearing on the proposed budget and publish the notice for this meeting in addition to the notice required under Truth in Taxation guidelines. The budget hearings are recommended to be scheduled on the same days as the public hearings on the proposed tax rate. August 27 is a regular meeting date and September 5 is a special called meeting date of the Town Council. These dates meet the Public Hearing requirements of the Local Government Code. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearings on the proposed budget to print in the August14 Prosper Press. Budget Impact: The cost to publish the notice is budgeted. Town Staff Recommendation: Town staff recommends that the Town Council approve the proposed schedule for Public Hearings on the FY 2019-2020 Proposed Budget. Proposed Motion: I move to schedule Public Hearings on the FY 2019-2020 Proposed Budget for August 27, 2019, at 6:15 p.m., and September 5, 2019, at 5:45 p.m., with each meeting taking place in the Council Chambers of Prosper Town Hall, located at 200 S Main, Prosper, TX. Prosper is a place where everyone matters. FINANCE Page 85 Item 13. Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon scheduling Public Hearings for the FY 2019-2020 proposed tax rate. Description of Agenda Item: Section 26.05(d) of the Texas Property Tax Code requires taxing entities to hold two public hearings and publish newspaper ads before adopting a tax rate that exceeds the effective rate or rollback rate, whichever is lower. If the Council votes to propose the recommended tax rate of $0.52 per $100 valuation, this item will need to be acted on by setting the public hearings and publishing a notice in the local newspaper. A quorum must be present at each public hearing. As specified in the notice requirements set out in SB 1510, a draft notice is attached. August 27 is a regular meeting date and September 5 is a special called meeting date of the Town Council. Hearings on these dates satisfy Texas Property Tax Code requirements. If the Council votes to propose a tax rate equal to or less than $0.494939 per $100 valuation, the effective tax rate, then the public hearings and publications are not necessary and this item requires no action. Budget Impact: The cost to publish the notices is included in the budget. Attached Documents: 1. Notice of 2019 Tax Year Proposed Property Tax Rate. Town Staff Recommendation: Town staff recommends that the Town Council: If the proposed rate is the recommended $0.52 or otherwise exceeds the effective tax rate, which is $0.494939 per $100 valuation, please use the following: Proposed Motion: I move to set the Public Hearings on the proposal to increase total tax revenues and the proposed tax rate of $0.52 per $100 in valuation for August 27, 2019, at 6:15 p.m., and Prosper is a place where everyone matters. FINANCE Page 86 Item 14. Page 2 of 2 September 5, 2019, at 5:45 p.m., with each meeting taking place in the Council Chambers of Prosper Town Hall, located at 200 S. Main, Prosper, TX. If the proposed rate is equal or less than the effective tax rate, please: Take no action on this item, provided the rate proposed is equal to or lower than the effective tax rate. In such case, public hearings are not required. Page 87 Item 14. NOTICE OF 2019 TAX YEAR PROPOSED PROPERTY TAX RATE FOR TOWN OF PROSPER A tax rate of $0.520000 per $100 valuation has been proposed for adoption by the governing body of Town of Prosper. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of Town of Prosper proposes to use revenue attributable to the tax rate increase for the purpose of funding additional public safety, streets, and parks workforce along with needed enhancements in the Town's infrastructure. PROPOSED TAX RATE $0.520000 per $100 PRECEDING YEAR'S TAX RATE $0.520000 per $100 EFFECTIVE TAX RATE $0.494939 per $100 ROLLBACK TAX RATE $0.530272 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for Town of Prosper from the same properties in both the 2018 tax year and the 2019 tax year. The rollback tax rate is the highest tax rate that Town of Prosper may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount= (rate) x (taxable value of your property)/100 For assistance or detailed information about tax calculations, please contact: Kenneth L. Maun Tax Assessor-Collector 2300 Bloomdale Road McKinney, TX 75071 972-547-5020 kmaun@collincountytx.gov www.prospertx.gov You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 27, 2019 at 6:15 PM at Council Chambers of Prosper Town Hall, 200 S. Main, Prosper, TX 75078. Second Hearing: September 5, 2019 at 5:45 PM at Council Chambers of Prosper Town Hall, 200 S. Main, Prosper, TX 75078. Page 88 Item 14. Page 1 of 1 To: Mayor and Town Council From: Dudley Raymond, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Discussion on the Downtown Monument Sign. Description of Agenda Item: At the May 28, 2019, Town Council Meeting, Town Staff and Halff Associates presented different sketches and concepts for the Council to review and give staff direction. At that meeting, Town Council discussed the various designs, and provided direction to move forward with design 3.1. Halff Associates have further refined design 3.1 based on previous feedback from Council. The presentation was provided to Brown & Griffin for their input. Budget Impact: Funding for the construction documents and construction will be allocated from the $300,000 escrowed by Brown & Griffin and other Town sources if needed. Attached Documents: 1. Downtown Monument Sign Presentation Town Staff Recommendation: Town staff recommends that the Town Council discuss and provide final direction on the proposed concept and elements in regards to the Downtown Monument Sign project. Prosper is a place where everyone matters. PARKS & RECREATION Page 89 Item 15. August 13, 2019 PROSPER, TX DOWNTOWN SIGNAGE DESIGN CONCEPTS Page 90 Item 15. CONTEXT MAP US 380 Broadway Downtown Prosper Town Entry Page 91 Item 15. Town Entry Sign US 380 Broadway Entry Monument at Preston TOWN GATEWAY Page 92 Item 15. ENTRY MONUMENT AT PRESTON ROAD Rough Cut Stone Smooth Cut Stone Brushed Aluminum Corten Steel Page 93 Item 15. BROADWAY ST. & PRESTON RD. Broadway St. STUDY AREA Page 94 Item 15. CONCEPT SKETCH 3.1 13’15’ PRELIMINARY COST ESTIMATE: $275,000 Proposed estimate does not include: Soil Borings, or Engineering Costs. Rough Cut Stone Brushed Aluminum Corten Steel Smooth Cut Stone Page 95 Item 15. CONCEPT SKETCH 3.1a 15’ Proposed estimate does not include: Soil Borings, or Engineering Costs. 13’ Back-lighted Inset Both Sides -Color Changing LED -Uplighted Sign Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Engraved Lettering Both Sides Corten Steel Metal Blade PRELIMINARY COST ESTIMATE: $300,000 LANDSCAPE/HARDSCAPE: $87,000 TOTAL: 387,000 Page 96 Item 15. Concept Sketch 3 Pedestrian Circulation ADA Access Ramp with Decorative Bollards Monument Location Retaining/Seat Wall Integral Color Concrete Secondary Monument Option Page 97 Item 15. Concept Sketch 3 Original Option Pedestrian Circulation Monument Location Retaining/Seat Wall Integral Color Concrete ADA Access Ramp with Decorative Bollards Traffic Light to Remain Page 98 Item 15. Concept Sketch 3 Option 1 Pedestrian Circulation ADA Access Ramp with Decorative Bollards Monument Location Retaining/Seat Wall Stamped Concrete Traffic Light to Remain Ornamental Tree Shade Tree Page 99 Item 15. Concept Sketch 3 Option 2 Pedestrian Circulation Monument Location Retaining/Seat Wall Stamped Concrete ADA Access Ramp with Decorative Bollards Traffic Light to Remain Ornamental Tree Shade Tree Page 100 Item 15. CONCEPT SKETCH 3.1a 15’ Proposed estimate does not include: Soil Borings, or Engineering Costs. 13’ Pin Mounted Brushed Aluminum Lettering Backlit Both Sides PRELIMINARY COST ESTIMATE: $300,000 LANDSCAPE/HARDSCAPE: $87,000 TOTAL: 387,000Back-lighted Inset Both Sides -Color Changing LED -Uplighted Sign Engraved Lettering Both Sides Corten Steel Metal Blade Page 101 Item 15. CONCEPT 3.1a 15’13’ Back-lighted Inset Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Engraved Lettering Both Sides Corten Steel Metal Blades Page 102 Item 15. CONCEPT 3.1a Page 103 Item 15. CONCEPT 3.1a Page 104 Item 15. Preston Rd. CONCEPT 3.1a Page 105 Item 15. CONCEPT SKETCH 3.1 13’15’ PRELIMINARY COST ESTIMATE: $275,000 Proposed estimate does not include: Landscape, Irrigation, Site Lighting, Concrete Flatwork, Grading, Inspection, Soil Borings, or Engineering Costs. Page 106 Item 15. 13’15’ CONCEPT SKETCH 3.1b Proposed estimate does not include: Soil Borings, or Engineering Costs. Brushed Aluminum Corten Steel Metal Blade Pin Mounted Brushed Aluminum Lettering Backlit Both Sides PRELIMINARY COST ESTIMATE: $300,000 LANDSCAPE/HARDSCAPE: $87,000 TOTAL: 387,000Back-lighted Inset Both Sides -Color Changing LED -Uplighted Sign Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Page 107 Item 15. CONCEPT 3.1b 15’13’ Back-lighted Inset Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Corten Steel Metal Blades Brushed Aluminum Page 108 Item 15. CONCEPT 3.1b Page 109 Item 15. CONCEPT 3.1b Page 110 Item 15. Preston Rd. CONCEPT 3.1b Page 111 Item 15. Back-lighted Inset Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Engraved Lettering Both Sides Corten Steel Metal Blades CONCEPT 3.1a & 3.1b Back-lighted Inset Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Pin Mounted Brushed Aluminum Lettering Backlit Both Sides Corten Steel Metal Blades Brushed Aluminum CONCEPT 3.1a CONCEPT 3.1b Page 112 Item 15. PROSPER, TX DOWNTOWN SIGNAGE CONCEPTS QUESTIONS Page 113 Item 15. Page 1 of 3 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering Services Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Pump Station and Lower Pressure Plane Water Line, Phase 2 project. Description of Agenda Item: The Town of Prosper receives water from the North Texas Municipal Water District (NTMWD) at the Custer Road Pump Station site (CRPS) located within the Town’s Upper Pressure Plane. The Town has two pressure planes, with the BNSF Railroad acting as the dividing line. The Lower Pressure Plane is currently served by the CRPS through the Upper Pressure Plane Pump Station and a pressure reducing valve located along US 380. In 2017, the Town began the design of the Lower Pressure Plane Water Line, Phase 1 project that includes the extension of a water supply line from the existing 20” water line on Fishtrap Road, at the Parks at Legacy development, to Coit Road. This consists of 15,300 feet of 42” water line from Coit Road to Dallas Parkway, (utilizing the 42” water line constructed by Blue Star under Lovers Lane), a transfer valve at the intersection of the BNSF Railroad and the future alignment of Lovers Lane, and 10,500 feet of 20” and 24” water lines from Dallas Parkway to the existing 20” water line on Fishtrap Road. The Lower Pressure Plane Water Line, Phase 1 project will provide increased capacity to serve the growth in the Lower Pressure Plane, completes a looped water line connection to the existing water system for better redundancy, and will deliver water to the Fishtrap Elevated Storage Tank that is currently under construction. Completion of both the Lower Pressure Plane Water Line, Phase 1 project and the Fishtrap Elevated Storage Tank are scheduled for Summer 2020. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 114 Item 16. Page 2 of 3 As growth continues within the Lower Pressure Plane, a dedicated second pump station is required, along with the final extension of a water supply line from the terminus of the Lower Pressure Plane Water Line, Phase 1 project, to the Custer Road Pump Station site. This project will design the Lower Pressure Plane Pump Station (LPPPS) and the Lower Pressure Plane Water Line, Phase 2 water line from the Custer Road Pump Station site to the terminus the Lower Pressure Plane Water Line, Phase 1 project at Coit Road and Richland Boulevard. This project will be broken down into the following tasks: Task 1 – Final design of the initial 15 MGD LPPPS. The proposed site of the LPPPS is on the existing Custer Road Pump Station site. Site improvements at the proposed LPPPS site will include extensions of existing yard piping, grading, driveway and drainage. Task 2 – Final design of the 42-inch transmission line (Phase 2) from the LPPPS at the Custer Road Pump Station site to connection with the Lower Pressure Plane Water Line, Phase 1 transmission line at Coit Road and Richland Boulevard. This task will include a review of the alignment and coordination with the current Land Plan development. A property boundary map and environmental assessment will be completed for this entire section of pipeline. For estimating purposes, it is anticipated that the pipeline route will follow along the north side of University Drive (US 380) for a length of approximately 12,800 feet of 42-inch pipeline. Alternative alignments will be reviewed with the Town and the Land Plan development during the preliminary design phase. It is anticipated this project will be constructed as two (2) separate construction contracts: 1) Lower Pressure Plane Pump Station and 2) Lower Pressure Plane Water Line, Phase 2. Based on current growth projections in the Lower Pressure Plane, the construction of these improvements will need to begin in FY 2021-2022, at an estimated cost of $15,200,000. The future ultimate improvements to serve the Lower Pressure Plane include expansion of the LPPPS to 40 MGD, and two ground storage tanks. The next phase of design of improvements for the Lower Pressure Plane is scheduled to begin in 2024 and will include design of one of the two ground storage tanks and additional pumping capacity at the LPPPS. At the April 9, 2019, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for engineering design. Freese and Nichols, Inc. is included on the list. Budget Impact: The cost for the design is $1,434,400. The FY 2018-2019 Capital Improvement Program includes $1,435,100 for the design of the Lower Pressure Plane Pump Station and Lower Pressure Plane Water Line, Phase 2 project (Account No. 760-6610-10-00-1501-WA). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map Page 115 Item 16. Page 3 of 3 Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Pump Station and Lower Pressure Plane Water Line, Phase 2 project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Pump Station and Lower Pressure Plane Water Line, Phase 2 project. Page 116 Item 16. Page 117 Item 16. Page 118 Item 16. Page 119 Item 16. Page 120 Item 16. Page 121 Item 16. Page 122 Item 16. Page 123 Item 16. Page 124 Item 16. Page 125 Item 16. Page 126 Item 16. Page 127 Item 16. Page 128 Item 16. Page 129 Item 16. Page 130 Item 16. Page 131 Item 16. Page 132 Item 16. Page 133 Item 16. Page 134 Item 16. Page 135 Item 16. Page 136 Item 16. Page 137 Item 16. Page 138 Item 16. Page 139 Item 16. Page 140 Item 16. Page 141 Item 16. Page 142 Item 16. Page 143 Item 16. Page 144 Item 16. Page 145 Item 16. LOCATION MAP LPPPS & Water Line Phase 2 Page 146 Item 16. Page 1 of 3 To: Mayor and Town Council From: Pete Anaya, P. E., Assistant Director of Engineering Services – Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon awarding Bid No. 2019-59-B to Roadway Solutions, Inc., related to construction services for the Traffic Signal Installation at Coit Road and E. First Street project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: In May 2018, the attached Traffic Signal Warrant Study was conducted for the following four intersections: 1. Coit Road and Richland Boulevard 2. Coit Road and First Street 3. First Street and La Cima Boulevard 4. First Street and Coleman Street The results of the study concluded that the intersection of Coit Road and Richland Boulevard and Coit Road and First Street meet warrants for a traffic signal installation. Funding, in the amount of $350,000 for the design and installation of the traffic signal at Coit Road and Richland Boulevard, is proposed in next year’s CIP (2019-2020). On June 20, 2019, at 3:30 PM, 2 bids were opened for the Traffic Signal Installation at Coit Road and E. First Street project. The verified bid totals ranged between $288,244.00 and $393,455.00. The Engineer's Estimate was $221,653. Roadway Solutions, Inc., was the low bidder with a bid total of $288,244, which is 30% more than the Engineer’s Estimate. Roadway Solutions, Inc., has recently successfully completed several projects of similar scope and value for the Cities of Frisco, Allen, Melissa, and Carrollton. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 147 Item 17. Page 2 of 3 At the July 23, 2019, Town Council Meeting, the Town Council discussed this agenda item and the decision was to table until the August 13, 2019, Town Council meeting. Town staff has gathered additional information from surrounding communities for a comparison of our received bids, as well as potential for rebidding this signal with the traffic signal at Fishtrap Road and Teel Parkway when it is ready to bid. An attachment to this item compares two recent traffic signal bid forms from the City of Frisco to our proposed bid for this project with adjustments made to include bid items that the Town is asking the contractor to purchase materials and install (Frisco purchases the materials separately and only pays for installation). This analysis shows if the Town’s additional items are added to the base bids from Frisco, the proposed low bid for the construction of the Traffic Signal at Coit Road and First Street is within 6% of the City of Frisco’s bids. The contract specifies a substantial completion time of 315 calendar days, which was misstated at the July 23, 2019 meeting as being 180 days. In discussions with the proposed low bidder, they anticipated getting this signal installed in 180 days, which includes 21 weeks for manufacturing and delivery of poles and mast arms. Staff anticipates issuing a notice to proceed on this contract effective in September 2019. Given the recent extended periods of time on installation of traffic signals on SH 289 and Coleman Street, and FM 1461 and Coit Road, staff is recommending award of the bid for the Coit Road and E. First Street project instead of rebidding this signal with the traffic signal at Fishtrap Road and Teel Parkway. Due to the potential delay in bidding the traffic signal at Fishtrap Road and Teel Parkway because of property acquisition, staff will begin the procurement process for acquiring the materials, similar to the City of Frisco, so that when the project is ready for bidding, the materials will be in process and not delay completing installation of the traffic signal by August 2020. Budget Impact: The cost for the construction is $288,244. The FY 2018-2019 Capital Improvement Program included the construction of the Traffic Signal at Coit Road and E. First Street project. The original budget for this project was $250,000 from the East Thoroughfare Fund; the additional $38,244 will be funded from savings in the Street Department (Contracted Services). The funding source is Account No. 750-6610-10-00-1909-TR. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Recent Bid Tabulation Comparison 4. Construction Agreement 5. Traffic Signal Warrant Study Town Staff Recommendation: Town staff recommends that the Town Council Award Bid No. 2019-59-B to Roadway Solutions, Inc., related to the Traffic Signal Installation at Coit Road and E. First Street project; and authorize the Town Manager to execute a construction agreement for same. Page 148 Item 17. Page 3 of 3 Proposed Motion: I move to award Bid No. 2019-59-B to Roadway Solutions, Inc., related to the Traffic Signal Installation at Coit Road and E. First Street project; and authorize the Town Manager to execute a construction agreement for same. Page 149 Item 17. LOCATION MAP E. First Street Coit RoadPage 150 Item 17. TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET BID OPENING: 6/20/2019 at 3:30 PM Grand Total Roadway Solutions, Inc. $288,244.00 Durable Specialties, Inc. $393,455.00 Certified By: January M. Cook, CPPO, CPPB Date: 6/20/19 Purchasing Agent Town of Prosper, Texas **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Attachment 2 Page 151 Item 17. Page 152 Item 17. Page 153 Item 17. Attachment 4 Page 154 Item 17. Attachment 4 Page 155 Item 17. Attachment 4 Page 156 Item 17. Attachment 4 Page 157 Item 17. Attachment 4 Page 158 Item 17. Attachment 4 Page 159 Item 17. Attachment 4 Page 160 Item 17. Attachment 4 Page 161 Item 17. Attachment 4 Page 162 Item 17. Attachment 4 Page 163 Item 17. Attachment 4 Page 164 Item 17. Attachment 4 Page 165 Item 17. Attachment 4 Page 166 Item 17. Attachment 4 Page 167 Item 17. Attachment 4 Page 168 Item 17. Attachment 4 Page 169 Item 17. Attachment 4 Page 170 Item 17. Attachment 4 Page 171 Item 17. Attachment 4 Page 172 Item 17. Attachment 4 Page 173 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 19 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder (out-of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in the following statement must be filled out by all out-of-state or non-resident bidders in order for those bids to meet specifications. (This information may be obtained from the Texas Register.) The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Non-resident contractor in ___________________ (give state), our principal place of business, is required to be _________ percent lower than resident bidders by State Law. The exact language of the statute is set out below. Non-resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By C ompany (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Attachment 4 Page 174 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 20 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Roadway Solutions, Inc., a Texas corporation (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; Attachment 4 Page 175 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 21 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Two Hundred Eighty-Eight Thousand Two Hundred Forty-Four Dollars and no cents ($288,244.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 315 calendar days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, Attachment 4 Page 176 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 22 DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB- CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. Attachment 4 Page 177 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 23 (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET Attn: Purchasing Agent 200 S. Main Street Prosper, TX 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: Attachment 4 Page 178 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 24 (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. Attachment 4 Page 179 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 25 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided Attachment 4 Page 180 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 26 for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Attachment 4 Page 181 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 27 G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. T he period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; Attachment 4 Page 182 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 28 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. Attachment 4 Page 183 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 29 J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Attachment 4 Page 184 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 30 Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. Attachment 4 Page 185 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 31 The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Attachment 4 Page 186 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 32 Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. ROADWAY SOLUTIONS, INC. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 1425 Crescent Dr. Carrollton, TX 75006 Phone: (972) 245-2244 Email: roadwaysolutions@aol.com Address: 200 S. Main Street Prosper, TX 75078 Phone: (972) 346 - 2640 Email: harlan_jefferson@prospertx.gov ATTEST: ROBYN BATTLE Town Secretary Attachment 4 Page 187 Item 17. PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the 13th day of August A.D. 2019, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 33 Attachment 4 Page 188 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 34 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Attachment 4 Page 189 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 35 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Attachment 4 Page 190 Item 17. PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 13th day of August A.D. 2019, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 36 Attachment 4 Page 191 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 37 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Attachment 4 Page 192 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 38 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Attachment 4 Page 193 Item 17. MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 13th day of August 2019, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 39 Attachment 4 Page 194 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 40 PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Attachment 4 Page 195 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 41 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Attachment 4 Page 196 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 42 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Attachment 4 Page 197 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 43 Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. Attachment 4 Page 198 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 44 (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. Attachment 4 Page 199 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 45 (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Attachment 4 Page 200 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 46 contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. Attachment 4 Page 201 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 47 (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to Attachment 4 Page 202 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 48 the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. Attachment 4 Page 203 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 49 The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day Attachment 4 Page 204 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 50 GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. Attachment 4 Page 205 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 51 The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the W ork or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific Attachment 4 Page 206 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 52 applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The Attachment 4 Page 207 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 53 OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in- place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. Attachment 4 Page 208 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 54 The OW NER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. Attachment 4 Page 209 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 55 (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a ratable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OW NER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will Attachment 4 Page 210 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 56 thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, Attachment 4 Page 211 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 57 should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by Attachment 4 Page 212 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 58 the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Attachment 4 Page 213 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 59 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET The Special Conditions supplement the General Conditions and the Standard Specifications and take precedence over any conditions or requirements of the General Conditions and the Standard Specifications with which they are in conflict. SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: ENGINEER: The Engineer of Record as shown on the Construction Drawings: Karl F. Rothermel, P.E., PTOE, Cobb, Fendley & Associates, Inc., or his designee. Attachment 4 Page 214 Item 17. TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET (1909-TR) BID NO. 2019-59-B PAGE 60 TECHNICAL SPECIFICATIONS BID NO. 2019-59-B TRAFFIC SIGNAL INSTALLATION: COIT ROAD AT E. FIRST STREET <page blank intentionally> Attachment 4 Page 215 Item 17. Memo To: Hulon T. Webb, Jr., P.E. From: Carl LaFerney, PE, PTOE, MBA Town of Prosper Stantec 2435 N Central Expressway, Ste 750 Richardson, Texas 75080 Date: July 10, 2018 Reference: Town of Prosper Signal Warrant Studies INTRODUCTION This memorandum summarizes the analysis and results of a traffic signal warrant study conducted for four intersections in Prosper, Texas. The study intersections and surrounding roadway network are shown in Figure 1. The following steps were executed to complete the analysis: 1. Collection of the existing traffic volumes; 2. Evaluation of site-specific conditions based upon field visits; and 3. Analysis of the signal warrants using the Texas MUTCD for existing and projected future conditions The study intersections analyzed are as follows: 1. Coit Road and Richland Boulevard 2. Coit Road and First Street 3. First Street and La Cima Boulevard 4. First Street and Coleman Street INTERSECTION DESCRIPTIONS Coit Road and Richland Boulevard: The existing intersection has four approaches with an all-way stop sign control. Coit Road is the major street and runs north/south with a posted speed limit of 45 mph. Richland Boulevard is the minor street and runs east/west with a posted speed limit of 40 mph. The land uses near the intersection are zoned residential and school, but the land is primarily vacant south of the intersection. Near to the intersection is Lorene Rogers Middle School. A school zone speed limit of 20 mph for all four approaches is enforced from 7:45 AM - 8:45 AM and 2:45 PM - 3:45 PM. Richland Boulevard is a four-lane divided and two-lane undivided west and east of the intersection, respectively. Coit Road is a four-lane divided roadway. The study intersection is shown in Figure 2. Coit Road and First Street: The existing intersection has four approaches with an all-way stop sign control. Coit Road is the main roadway that runs north/south with a posted speed limit of 45 mph. First Street is the minor street that runs east/west with a posted speed limit of 45 mph. Although the land is primarily vacant on northwest and southeast corner of the intersection, the land uses near the intersection are zoned residential. First Street is a four-lane divided roadway west of the intersection and two-lane undivided roadway east of the intersection. Coit Road is a four-lane divided roadway that becomes a two-lane undivided roadway north of the intersection. The study intersection is shown in Figure 3. Page 216 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 2 of 17 Reference: Town of Prosper Signal Warrant Studies First Street and La Cima Boulevard: The existing intersection has three approaches with an all-way stop sign control. First Street is the main roadway that runs east/west with a posted speed limit of 45 mph. La Cima Boulevard is the minor street that runs north/south with a posted speed limit of 40 mph. The land uses near the intersection are zoned residential. Both First Street and La Cima Boulevard are four- lane undivided roadways located primarily within residential areas. The study intersection is shown in Figure 4. First Street and Coleman Street: The existing intersection has four legs under Two-way stop sign control. Coleman Street is the main roadway running north/south with a posted speed limit of 30 mph. First Street is the minor street that runs east/west with a posted speed limit of 30 mph. The approaches for First Street at the intersection are stop-controlled. Both First Street and Coleman are two-lane undivided roadways at the intersection. Although the land is primarily vacant on northwest and southeast corner of the intersection, the land uses near the intersection are zoned residential. The study intersection is shown in Figure 5. Figure 1. Study Intersections Coit Rd Source: Google Earth Study Intersection Legend 1 1 2 3 4 US 380 E 1st St W First St Coleman St Richland Blvd Page 217 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 3 of 17 Reference: Town of Prosper Signal Warrant Studies Figure 2. Coit Road and Richland Boulevard Figure 3. Coit Road and First Street Richland Blvd Source: Google Earth Coit Rd Lorene Rogers Middle School E 1st St Source: Google Earth Coit Rd Page 218 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 4 of 17 Reference: Town of Prosper Signal Warrant Studies Figure 4. First Street and La Cima Boulevard Figure 5. First Street and Coleman Street E 1st St Source: Google Earth La Cima Blvd W First St Source: Google Earth Coleman St E 1st St Page 219 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 5 of 17 Reference: Town of Prosper Signal Warrant Studies TRAFFIC DATA COLLECTION Twenty-four-hour traffic counts were collected on Tuesday May 22, 2018 at the following locations for each intersection: 1. Coit Road at Richland Boulevard a. Coit Road northbound approach to Richland Boulevard b. Coit Road southbound approach to Richland Boulevard c. Richland Boulevard eastbound approach to Coit Road d. Richland Boulevard westbound approach to Coit Road 2. Coit Road at First Street a. Coit Road northbound approach to First Street b. Coit Road southbound approach to First Street c. First Street eastbound approach to Coit Road d. First Street westbound approach to Coit Road 3. La Cima Boulevard at First Street a. La Cima Boulevard northbound approach to First Street b. First Street eastbound approach to La Cima Boulevard c. First Street westbound approach to La Cima Boulevard 4. Coleman Street at First Street a. Coleman Street northbound approach to First Street b. Coleman Street southbound approach to First Street c. First Street eastbound approach to Coleman Street d. First Street westbound approach to Coleman Street The raw traffic counts are included in Appendix A. Existing approach volumes used in the signal warrant analysis for the study intersection are shown in Table 1 through Table 4. Page 220 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 6 of 17 Reference: Town of Prosper Signal Warrant Studies Table 1. Existing Hourly Approach Volumes -Coit Road at Richland Boulevard (vph) Time of Day Richland Boulevard Coit Road EB WB TOTAL NB SB TOTAL 12:00 AM 1 0 1 11 10 21 1:00 AM 0 0 0 12 8 20 2:00 AM 0 0 0 2 9 11 3:00 AM 1 0 1 10 6 16 4:00 AM 0 0 0 9 22 31 5:00 AM 1 0 1 15 74 89 6:00 AM 12 8 20 140 248 388 7:00 AM 48 292 340 616 622 1238 8:00 AM 34 107 141 315 388 703 9:00 AM 27 3 30 264 315 579 10:00 AM 24 2 26 255 279 534 11:00 AM 26 7 33 256 279 535 12:00 PM 33 2 35 259 260 519 1:00 PM 35 7 42 260 237 497 2:00 PM 32 12 44 327 312 639 3:00 PM 42 160 202 445 378 823 4:00 PM 30 36 66 432 386 818 5:00 PM 66 6 72 521 365 886 6:00 PM 67 17 84 418 378 796 7:00 PM 27 7 34 314 224 538 8:00 PM 21 11 32 199 153 352 9:00 PM 13 3 16 147 116 263 10:00 PM 4 2 6 86 34 120 11:00 PM 6 0 6 39 25 64 Page 221 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 7 of 17 Reference: Town of Prosper Signal Warrant Studies Table 2. Existing Hourly Approach Volumes -Coit Road at First Street (vph) Time of Day First Street Coit Road EB WB TOTAL NB SB TOTAL 12:00 AM 8 2 10 6 6 12 1:00 AM 3 3 6 7 4 11 2:00 AM 4 1 5 1 3 4 3:00 AM 0 0 0 6 2 8 4:00 AM 6 7 13 14 7 21 5:00 AM 17 14 31 12 28 40 6:00 AM 92 49 141 105 115 220 7:00 AM 294 236 530 386 371 757 8:00 AM 170 85 255 344 226 570 9:00 AM 163 74 237 246 220 466 10:00 AM 152 66 218 244 219 463 11:00 AM 150 58 208 229 203 432 12:00 PM 141 60 201 231 193 424 1:00 PM 159 63 222 237 206 443 2:00 PM 216 61 277 247 229 476 3:00 PM 240 105 345 428 234 662 4:00 PM 282 71 353 400 303 703 5:00 PM 288 93 381 368 345 713 6:00 PM 233 49 282 373 269 642 7:00 PM 143 53 196 204 181 385 8:00 PM 106 42 148 157 110 267 9:00 PM 79 16 95 100 88 188 10:00 PM 56 8 64 60 36 96 11:00 PM 32 6 38 23 25 48 Page 222 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 8 of 17 Reference: Town of Prosper Signal Warrant Studies Table 3. Existing Hourly Approach Volumes - First Street at La Cima Boulevard (vph) Time of Day First Street La Cima Boulevard EB WB TOTAL NB TOTAL 12:00 AM 10 5 15 12 12 1:00 AM 4 6 10 2 2 2:00 AM 4 1 5 3 3 3:00 AM 1 2 3 1 1 4:00 AM 6 5 11 6 6 5:00 AM 16 17 33 7 7 6:00 AM 118 81 199 34 34 7:00 AM 334 383 717 75 75 8:00 AM 248 226 474 115 115 9:00 AM 224 140 364 86 86 10:00 AM 179 151 330 97 97 11:00 AM 185 136 321 95 95 12:00 PM 198 146 344 90 90 1:00 PM 197 152 349 90 90 2:00 PM 302 164 466 103 103 3:00 PM 281 250 531 98 98 4:00 PM 400 229 629 146 146 5:00 PM 378 240 618 137 137 6:00 PM 265 185 450 135 135 7:00 PM 189 117 306 63 63 8:00 PM 164 92 256 58 58 9:00 PM 133 53 186 37 37 10:00 PM 68 33 101 37 37 11:00 PM 39 15 54 31 31 Page 223 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 9 of 17 Reference: Town of Prosper Signal Warrant Studies Table 4. Existing Hourly Approach Volumes - First Street at Coleman Street (vph) Time of Day First Street Coleman Street EB WB TOTAL NB SB TOTAL 12:00 AM 8 2 10 0 4 4 1:00 AM 1 1 2 1 0 1 2:00 AM 0 2 2 1 2 3 3:00 AM 0 0 0 0 0 0 4:00 AM 11 3 14 0 13 13 5:00 AM 27 17 44 2 36 38 6:00 AM 100 77 177 9 122 131 7:00 AM 264 218 482 24 236 260 8:00 AM 197 164 361 19 200 219 9:00 AM 154 134 288 15 164 179 10:00 AM 126 154 280 9 158 167 11:00 AM 127 129 256 9 176 185 12:00 PM 158 129 287 18 144 162 1:00 PM 140 148 288 18 155 173 2:00 PM 159 183 342 15 214 229 3:00 PM 267 207 474 17 212 229 4:00 PM 213 246 459 15 289 304 5:00 PM 292 267 559 24 214 238 6:00 PM 270 193 463 14 213 227 7:00 PM 113 113 226 7 131 138 8:00 PM 53 101 154 5 124 129 9:00 PM 34 47 81 9 42 51 10:00 PM 19 45 64 2 20 22 11:00 PM 12 19 31 0 10 10 Page 224 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 10 of 17 Reference: Town of Prosper Signal Warrant Studies SIGNAL WARRANT ANALYSIS WARRANT 1 - EIGHT-HOUR VEHICULAR VOLUME Warrant 1, Eight-Hour Vehicular Volume, has three conditions. The conditions are based on either the combined volume of both main street approaches and the side street approach with the higher volume, or the main street left-turning and opposing through movement volumes. Condition A, Minimum Vehicular Volume, “is intended for application where a large volume of intersecting traffic is the principal reason to consider installing a traffic control signal.” Condition B, Interruption of Continuous Traffic, “is intended for application where the traffic volume on a major street is so heavy that traffic on a minor intersecting street suffers excessive delay or conflict in entering or crossing the major street”. Condition C is met when 80% of Conditions A and B are met. To meet Warrant 1, one of the following situations must be true for any 8 hours of an average day: 1. Either Condition A or Condition B meet 100% of the prescribed volumes (described below) 2. Both Condition A and Condition B meet 80% of the prescribed volumes; 3. Either Condition A or Condition B meet 70% of the prescribed volumes, and the speed limit is 45 miles per hour or higher or the intersection is in a community with a population of 10,000 or less; or 4. Both Condition A and Condition B meet 56% of the prescribed volumes, and the speed limit on the main street is 45 miles per hour or higher or the intersection is in a community with a population of 10,000 or less. For Condition A, the 2011 TMUTCD prescribes a minimum volume of traffic for the main street (both directions of travel combined) of 600 vehicles per hour, while the side street approach with the greater volume equaling at least 200 vehicles per hour. These volumes must be met for any 8 hours of an average day (the same hours must be used for the main street and the side street, but the same side street approach need not be used for all 8 hours). Condition B is met when the volume of traffic on the main street (both directions of travel combined) is at least 900 vehicles per hour, and the traffic on the side street (higher of both approaches) is at least 100 vehicles per hour. As shown in the analysis provided in Appendix B. Here are the results for the study intersections: 1. Coit Road and Richland Boulevard: Warrant 1 was not met. 2. Coit Road and First Street: Warrant 1 was met. 3. First Street and La Cima Boulevard: Warrant 1 was not met. 4. First Street and Coleman Street: Warrant 1 was not met. Page 225 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 11 of 17 Reference: Town of Prosper Signal Warrant Studies WARRANT 2 - FOUR-HOUR VEHICULAR VOLUME Warrant 2, Four-Hour Vehicular Volume, is “intended to be applied where the volume of intersecting traffic is the principal reason to consider installing a traffic control signal.” Warrant 2 is based on the combined volume of both main street approaches and the side street approach with the higher volume, or the main street left-turning and opposing through movement volumes. The volumes are compared to a curve based on the number of lanes on the approaches. Figure 6 shows the curves which define the criteria for Warrant 2. Volume thresholds must be exceeded for four (4) hours to meet the warrant. The analysis is provided in Appendix B. Data points from midnight (12:00 AM) to 6:00 AM were not analyzed or considered for this warrant. Here are the results for the study intersections: 1. Coit Road and Richland Boulevard: Warrant 2 was not met. 2. Coit Road and First Street: Warrant 2 was met. 3. First Street and La Cima Boulevard: Warrant 2 was not met. 4. First Street and Coleman Street: Warrant 2 was not met. Figure 6 shows Four Hour Vehicular Volume at intersection of Coit Road and First Street. Figure 6. Warrant 2: Four Hour Vehicular Volume at Coit Road and First Street Figure 4C-2. Warrant 2 - Four-Hour Vehicular Volume (70% Factor) (COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 70 km/h (40 mph) ON MAJOR STREET) *60 *80 *Note: 80 vph applies as the lower threshold volume for a minor street approach with two or more lanes and 60 vph applies as the lower threshold volume for a minor street approach with one lane. 0 100 200 300 400 500 300 400 500 600 700 800 900 1000 1100 1200 1300 1400Minor StreetHigh Volume Approach -vphMajor Street -Total of Both Approaches -vph Page 226 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 12 of 17 Reference: Town of Prosper Signal Warrant Studies WARRANT 3 – PEAK HOUR Warrant 3, Peak Hour, is “intended for use at a location where traffic conditions are such that for a minimum of one hour of an average weekday, the minor street traffic suffers undue delay when entering or crossing the major street. This signal warrant shall be applied only in unusual cases. Such unusual cases include, but are not limited to, office complexes, manufacturing plants, industrial complexes, or high-occupancy vehicle facilities that attract or discharge large numbers of vehicles over a short time”. Warrant 3 has two conditions, at least one of which must be met. Condition 3A is satisfied when the following three conditions exist for the same four consecutive 15- minute periods of an average weekday: 1. The total stopped time delay experienced by traffic on the minor street approach (one direction only) controlled by a stop sign equals or exceeds four vehicle-hours for a one-lane approach or five vehicle-hours for a two lane approach; 2. The volume on the same minor street approach (one direction only) equals or exceeds 75 vehicles per hour for one moving lane of traffic or 100 vehicles per hour for two moving lanes; and 3. The total entering volume serviced during the hour equals or exceeds 650 vehicles per hour for intersections with three approaches or 800 vehicles per hour for intersections with four or more approaches. Condition 3B is based on the combined volume of both the main street approaches and the side street approach with the higher volume. The volumes are compared to a curve based on the number of lanes on the approaches as shown in Figure 7 and Figure 8. Warrant 3: Peak Hour at Coit Road and First Street . Data points from midnight (12:00 AM) to 6:00 AM were not analyzed or considered for this warrant. The MUTCD also stipulates that “This signal warrant shall be applied only in unusual cases, such as office complexes, manufacturing plants, industrial complexes, or high-occupancy vehicle facilities that attract or discharge large numbers of vehicles over a short time”. Here are the results for the study intersections: 1. Coit Road and Richland Boulevard: Warrant 3, Condition B was met. 2. Coit Road and First Street: Warrant 3, Condition B was not met. 3. First Street and La Cima Boulevard: Warrant 3, Condition B was not met. 4. First Street and Coleman Street: Warrant 3, Condition B was not met. Page 227 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 13 of 17 Reference: Town of Prosper Signal Warrant Studies Figure 7. Warrant 3: Peak Hour at Coit Road and Richland Boulevard Volume criteria for Warrant 3 was met for the study intersection. This intersection is also adjacent to Lorene Rogers Middle School which further qualifies the warrant. Figure 4C-4. Warrant 3 - Peak Hour (70% Factor) (COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 70 km/h (40 mph) ON MAJOR STREET) *Note: 100 vph applies as the lower threshold volume for a minor street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor street approach with one lane. *75 *100 0 100 200 300 400 500 600 700 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800Minor StreetHigh Volume Approach -vphMajor Street -Total of Both Approaches -vph Page 228 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 14 of 17 Reference: Town of Prosper Signal Warrant Studies Figure 8. Warrant 3: Peak Hour at Coit Road and First Street Volume criteria for Warrant 3 was met for the study intersection; however, this intersection is not adjacent to a facility as described in the MUTCD; therefore, warrant 3 is considered to be NOT MET. WARRANT 4 – PEDESTRIAN VOLUME Warrant 4, Pedestrian Volume, is evaluated “where the traffic volume on a major street is so heavy that pedestrians experience excessive delay in crossing the major street.” The warrant is satisfied when: 1. The pedestrian volume crossing the major street during an average day is 100 or more for each of any 4 hours or 190 or more during any 1 hour; and 2. There are fewer than 60 gaps per hour in the traffic stream of adequate length to allow pedestrian to cross during the same period when the pedestrian volume criterion is satisfied. Where there is a divided street having a median of sufficient width for pedestrians to wait, the requirement applies separately to each direction of vehicular traffic. Warrant 4 was not evaluated. Pedestrian volumes were not collected but based on site visits during the AM and PM peak hours, there would not be enough pedestrians to meet this warrant for any of the study intersections. Figure 4C-4. Warrant 3 - Peak Hour (70% Factor) (COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 70 km/h (40 mph) ON MAJOR STREET) *100 *Note: 100 vph applies as the lower threshold volume for a minor street approach with two or more lanes and 75 vph applies as the lower threshold volume for a minor street approach with one lane. *75 0 100 200 300 400 500 600 700 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800Minor StreetHigh Volume Approach -vphMajor Street -Total of Both Approaches -vph Page 229 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 15 of 17 Reference: Town of Prosper Signal Warrant Studies WARRANT 5 – SCHOOL CROSSING Warrant 5, School Crossing, is intended “where the fact that school children cross the major street is the principal reason to consider installing a traffic control signal. The need for a traffic control signal shall be considered when an engineering study of the frequency and adequacy of gaps in the vehicular traffic stream as related to the number and size of groups of school children at an established school crossing across the major street shows that the number of adequate gaps in the traffic stream during the period when the children are using the crossing is less than the number of minutes in the same period and there are a minimum of 20 students during the highest crossing hour. Here are the results for the study intersections: 1. Coit Road and Richland Boulevard: Lorene Rogers Middle school is located at the northeast corner of this intersection, warrant 5 was met. 2. Coit Road and First Street: There is no school zone present at this intersection, warrant 5 is not applicable. 3. First Street and La Cima Boulevard: There is no school zone present at this intersection, warrant 5 is not applicable. 4. First Street and Coleman Street: There is no school zone present at this intersection, warrant 5 is not applicable. WARRANT 6 – COORDINATED SIGNAL SYSTEM Warrant 6, Coordinated Signal System, is used when “progressive movement in a coordinated signal system sometimes necessitates installing traffic control signals at intersections where they would not otherwise be needed in order to maintain proper platooning of vehicles”. Warrant 6 is not applicable. Study intersections are not being considered for signalization for platooning vehicles along the corridor. WARRANT 7 – CRASH EXPERIENCE Warrant 7, Crash Experience, is “intended for application where the severity and frequency of crashes are the principal reasons to consider installing a traffic control signal. Historical crash data was requested through Town of Prosper to determine any majoring hindrance of the overall approach near the study intersections. Warrant 7 was not met. Based on crash data provided by Town of Prosper collected from May 2017 until May 2018, only the intersection of First street and Coleman Street had more than five reported crashes with eight. However, the intersection does not meet the 80% volume criteria requirements from warrant 1 to justify a signal. Crash data is included in Appendix C. WARRANT 8 – ROADWAY NETWORK Warrant 8, Roadway Network, is applied when “it is justified to encourage concentration and organization of traffic flow on a roadway network.” For this warrant to be met, the common intersection of two or more major routes must meet one or both of the following criteria: Page 230 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 16 of 17 Reference: Town of Prosper Signal Warrant Studies 1. The intersection has a total existing, or immediately projected, entering volume of at least 1,000 vehicles per hour during the peak hour of a typical weekday and has five-year projected traffic volumes, based on an engineering study, that meet one or more of Warrants 1, 2, and 3 during an average weekday; or 2. The intersection has a total existing or immediately projected entering volume of at least 1,000 vehicles per hour for each of any five hours of a non-normal business day (Saturday or Sunday). Warrant 8 is not applicable for the study intersections. WARRANT 9 – INTERSECTION NEAR A GRADE CROSSING Warrant 9, Intersection Near a Grade Crossing is “intended for use at a location where none of the conditions described in the other eight traffic signal warrants are met, but the proximity to the intersection of a grade crossing on an intersection approach controlled by a STOP or YIELD sign is the principal reason to consider installing a traffic control signal.” Warrant 9 is not applicable. The study intersections are not in close proximity to an at-grade railroad crossing. SIGNAL WARRANT ANALYSIS RECOMMENDATIONS The summary of the signal warrant analysis can be seen in Table 5. The signal warrant analysis can be viewed in detail in Appendix B. Table 5. Results of Signal Warrant Evaluations As shown in Table 5, the volumes and existing conditions at the intersections of Coit Road at Richland Boulevard and Coit Road at First Street meet multiple warrant traffic signal warrants as required by the TxMUTCD. The intersection of Coit Road and Richland Boulevard meets warrant 3B (Peak Hour – Volume) and is located adjacent to Lorene Rogers Middle School, qualifying warrant 5 (School Coit Road and Richland Boulevard Coit Road and First Street First Street and La Cima Blvd First Street and Coleman Street Warrant Number Title of Warrant 1A Eight-Hour Vehicular Volume –Intersecting Traffic No (2)Yes (13)No (0)No (0) 1B Eight-Hour Vehicular Volume –Interruption of Continuous Traffic No (4)No (5)No (0)No (0) 1C Eight-Hour Vehicular Volume - Total Intersection Volume Not Applicable Not Applicable Not Applicable Not Applicable 2 Four-Hour Vehicular Volume No (3)Yes (7)No (0)No (0) 3A Peak Hour Not Applicable Not Applicable Not Applicable Not Applicable 3B Peak Hour - Volume Yes (1)No No (0)No (0) 4 Pedestrian Volume Not Applicable Not Applicable Not Applicable Not Applicable 5 School Crossing Yes Not Applicable No No 6 Coordinated Signal System Not Applicable Not Applicable Not Applicable Not Applicable 7 Crash Experience No No No No 8 Roadway Network No No No No 9 Intersection Near a Grade Crossing Not Applicable Not Applicable Not Applicable Not Applicable Warrant Satisfied? (Hours Satisfied) Page 231 Item 17. July 10, 2018 Hulon T. Webb, Jr., P.E. Page 17 of 17 Reference: Town of Prosper Signal Warrant Studies Crossing). The intersection of Coit Road and First Street meets both warrants 1A (Eight-Hour Vehicular Volume – Intersecting Traffic) and 2 (Four Hour Vehicular Volume). CONCLUSIONS Based on the signal warrant evaluations, the installation of traffic signals is recommended at the intersections of Coit Road and Richland Boulevard as well as Coit Road and First Street. Specifically, the intersection at Richland Boulevard meets warrants 3B and 5, and the intersection at First Street meets warrants 1A and 2. Please reach out if you have any further questions. STANTEC CONSULTING SERVICES INC. TBPE F-6324 Carl LaFerney, PE, PTOE, MBA Senior Project Manager Phone: (214) 468-8200 ext 1106 Fax: (214) 468-8266 Carl.LaFerney@stantec.com Page 232 Item 17. Page 1 of 3 To: Mayor and Town Council From: Hulon Webb, Jr., P.E., Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 13, 2019 Agenda Item: Consider and act upon approving Change Order Number 08, to GRod Construction, LLC, related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 08 for same. Description of Agenda Item: The contactor is currently working on the construction of N. Main Street from Broadway to the alley. Recent completion of Fifth Street from the BNSF Railroad to Coleman has resulted in a section of N. Main Street from the alley to Fifth Street being left unimproved. This change order completes the reconstruction of N. Main Street by connecting the new pavement on Fifth Street to the end of the section of N. Main Street at the alley being constructed by GRod. The result will be continuous new concrete pavement for N. Main Street from Broadway to Fifth Street. The cost for this portion of the change order is $80,264.00. As construction of Broadway was nearing completion, the additions of decorative sign poles at various downtown intersections was considered critical to the look and feel of the downtown. While the original intent was to install poles at the intersection of Broadway & Main and Main & Third Street, staff expanded the installation to the surrounding intersections as shown on the attached exhibit. In order to ensure the installation of the decorative sign poles prior to the Downtown Live Event, staff directed the contractor to order 25 decorative poles and install 22 in the downtown area. This change order is associated with the purchase and installation of the decorative sign poles along with the associated stop signs. The cost of this portion of the change order is $80,748.75. In addition, this change includes an $8,800.00 deduction for the removal of 16 bollards in the contract. Staff will work to purchase and install these separately. Prosper is a place where everyone matters. ENGINEERING SERVICES Page 233 Item 18. Page 2 of 3 The total additional time for this change order is 103 days which includes the 65 days of stopped time from May 24, 2019, until July 28, 2019, when the contractor shut down to allow for the Downtown Live Event and waited for revised design plans for the grades on N. Main Street. It also takes into account the 10 additional days on Change Order Number 06 that extended the contract time into the stopped time after May 24, 2019, and an additional 28 days for the construction of N. Main Street from the alley to Fifth Street and the previous work performed to install the decorative sign poles. The contract time is to be extended to September 4, 2019, for final completion. Per the contract, the substantial completion date is 30 days prior to the final contract time. This results in a substantial completion date of August 5, 2019, which has past. The contractor is aware that liquidated damages of $500/day will be deducted from the final payment for the total number of days past August 5, 2019, until substantial completion. Previously approved change orders: Change Order Number 01: $243,264.50 – Additional work associated with extending the 12” waterline, paving, landscaping and lighting improvements 200 feet north of Broadway on N. Main Street, as well as the modification of the typical pavement subgrade to flexbase, upsizing of drainage system for roof drains, hand rail for old Town Hall and additional security measures for events held on Broadway. The contract time was extended 45 days from December 15, 2018 to January 29, 2019. Change Order Number 02: $0.00 – Additional time for delays relating to excessive rain events in 2018 and the inability to isolate critical water lines on McKinley and Main Street, north of Broadway. Additional days also granted to cover the time lost due to waiting for a resolution to a 0.40’ grade bust in elevation. The contract time was extended 92 days to May 1, 2019. Change Order Number 03: $16,446 – Additional utility improvements and adjustments for work associated with adding a 12” water valve to provide the ability to isolate the new Broadway water line from the McKinley water line, excavation assistance for the gas company, lowering 2 area drains next to Texas Amps & Axes, and PVC sleeve installations in various locations . The contract time was extended 7 days to May 8, 2019. Change Order Number 04: $11,971 – Installation of driveway, drainage and temporary flexbase to provide access to Silo Park. When the project was bid, Silo Park was not in operation. The contract time was extended 7 days to May 15, 2019. Change Order Number 05: $17,509 – Field changes to driveways, curb and gutter drainage and sidewalks for compliance with ADA. The contract time was extended 9 days to May 24, 2019. Change Order Number 06: $24,950 – Installation of additional Bermuda sod, landscape soil for planter beds and irrigation connection to S. Main Street. Also includes additional Bermuda sod to cover the property on Broadway where the Quonset Hut was located. The contract time was extended 10 days to June 3, 2019. Change Order Number 07: $19,150 – Additional work associated with design grade bust of 0.4’, including additional excavation, haul-off and flexbase subgrade. Budget Impact: The cost for Change Order Number 08 is $152,212.75 and will be completely funded from savings in the Street Maintenance Program. The funding source is Account No. 750-6610-10- 00-1412-ST. Page 234 Item 18. Page 3 of 3 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Change Order as to form and legality. Attached Documents: 1. Change Order Number 08 2. Location Map of N. Main Street Improvements 3. Location Map of Decorative Sign Poles Town Staff Recommendation: Town Staff recommends that the Town Council approve Change Order Number 08, to GRod Construction, LLC., related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 08 for same. Proposed Motion: I move to approve Change Order Number 08, to GRod Construction, LLC., related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 08 for same. Page 235 Item 18. Page 236 Item 18. Location Map – N. Main Street ImprovementsN. Main Street Under ConstructionN. Main Street Proposed ExtensionPage 237Item 18. Location Map – Decorative Sign Poles8 originally proposed14 additional locations Page 238Item 18.