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08.14.18 Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. Presentation. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meetings. (RB) • Regular Meeting – July 24, 2018 5b. Consider accepting the submission of the certified collection rate of 100 percent for FY 2018-2019. (KN) 5c. Consider and act upon an ordinance establishing the 2018 certified appraisal roll. (KN) 5d. Consider accepting submission of the 2018 effective tax rate of $0.531332 per $100 taxable value and the rollback tax rate of $0.581388 per $100 taxable value. (KN) 5e. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. (HW) 5f. Consider and act upon awarding Bid No. 2018-81-B to Peachtree Construction, LTD, related to construction services for the Prosper Road Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) 5g. 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) AGENDA Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street, Prosper, Texas Tuesday, August 14, 2018 Page 2 of 4 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through, on 2.5± acres, located on the west side of Preston Road, south of Frontier Parkway. The property is zoned Planned Development- 10 (PD-10). (S17-0005). (AG) 8. Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-40 (PD-40) to Planned Development-Retail (PD-R), on 25.3± acres, located on the northeast corner of US 380 and Windsong Parkway, to facilitate the development of the Cook Children’s Medical Center. (Z18-0004). (AG) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 1, Section 7 of the Zoning Ordinance regarding Nonconforming Uses and Structures. (Z18- 0006). (JW) DEPARTMENT ITEMS: 10. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget). (KN) 11. Submission of the FY 2018-2019 Proposed Budget and Budget Message by the Town Manager. (KN) 12. Consider and act upon a proposed FY 2018-2019 property tax rate. (KN) 13. Consider and act upon scheduling a Public Hearing on the FY 2018-2019 Proposed Budget. (KN) 14. Consider and act upon a request for a Façade Exception for Silo Park, located on the northeast corner of Broadway Street and McKinley Street. (MD18-0004). (AG) 15. Consider and act upon a request to waive the Town’s Drainage System Design Requirements for a wet or underground detention pond for the Worldwide Rock development. (DH) Page 3 of 4 16. Consider and act upon awarding Bid No. 2018-79-B to S.J. Louis Construction of Texas, Ltd., related to construction services for the Lower Pressure Plane Water Line (BNSF Railroad to Preston Road); and authorizing the Town Manager to execute a Construction Agreement for same. (PA) 17. Consider and act upon awarding Bid No. 2018-82-B to HQS Construction Services, LLC., related to construction services for the Prosper Road Improvement Project 2018 (Windsong Ranch Phase III – Miscellaneous Roads) project; and authorize the Town Manager to execute a construction agreement for same. (FJ) 18. 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: 18a. Section 551.087 – To discuss and consider economic development incentives. 18b. 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. 18c. 551.076 – Deliberation of the deployment, or specific occasions for implementation, of security personnel or devices at Town Hall. 18d. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incidents and related thereto. 19. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 20. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Solid Waste Collection and Recycling Services (CS) 21. 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 10, 2018, 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. Page 4 of 4 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 1 of 10 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:05 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terrence Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Pete Anaya, Deputy Director of Engineering Services Michael Bulla, CIP Project Manager Frank Jaromin, Public Works Director Dudley Raymond, Parks and Recreation Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Betty Pamplin, Accounting Manager Doug Kowalski, Police Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Jeff Hook of Lighthouse Christian Fellowship Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. Councilmember Andres read the following announcements: The Town will host an informational public meeting on proposed roadway improvements to Prosper Trail from Coit Road to Custer Road on Thursday, July 26, at Lighthouse Christian Fellowship at 6:00 p.m. Town staff will be available to discuss the proposed improvements. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, July 24, 2018 Item 5a Page 2 of 10 Residents are invited to join the Town Council and Town Staff for two special events celebrating the Grand Opening of our new Town Hall and Library. A Ribbon Cutting ceremony will be held at 8:30 a.m. on July 27, and everyone is invited to attend an Open House on Thursday, August 2, from 4:00-7:00 p.m. Join us for tours of the new facility, refreshments, giveaways, and stay to hear a State of the Town address by Mayor Ray Smith at 6:30 p.m. The new Community Library opens this Saturday, July 28, at 9:30 a.m. in the Town Hall and Library facility located at 200 S. Main Street. Activities include story time at 10:00 a.m. with author/illustrator Toni Yuly, a library scavenger hunt, tours, and a photo booth. The Town Secretary’s Office is accepting applications for the Town’s various Boards and Commissions through Friday, August 3. Applications and information are available on the Town website, or by contacting the Town Secretary. 4. Presentations: • U.S 380 Presentation (HW) Stephen Endres, Project Manager with the Texas Department of Transportation (TXDOT), gave a presentation on the options for expansion of US 380. TXDOT has conducted several public and stakeholder meetings to gain feedback from affected cities and from residents. Mr. Endres reviewed the options available for the expansion of US 380, including keep the current alignment, as well as options for a US 380 bypass. TXDOT is currently considering five bypass options, none of which affect Prosper. Mr. Endres reviewed the timeline for TXDOT’s recommendation for US 380. A public comment summary will be released within one or two months, and TXDOT expects to have a recommended option by the end of 2018. TXDOT is not currently considering a tollway for this project. After the presentation, Councilmember Korbuly stated that TXDOT should consider the location of emergency response capabilities, and the proximity to US 380, if a bypass was to be considered. Mayor Smith inquired whether the five alignment options were the only options TXDOT was considering at this time. Mr. Endres stated that at this time, all comments and suggestions are being considered. TXDOT will release a summary of the comments collected during the public meeting process within one to two months. Deputy Mayor Pro-Tem Dixon inquired whether TXDOT would conduct additional public meetings if a significant change in the alignments was to be considered. Mr. Endres responded that TXDOT would gather additional public comment in order to satisfy any affected cities. Mr. Endres noted that TXDOT could potentially consider a new alignment if new information is acquired, or if a current alignment option proves to be infeasible. TXDOT is still analyzing comments from the previous public meetings. Responding to a question from the Council, Mr. Endres responded that Denton County cities have been open to expanding US 380 as a freeway. Item 5a Page 3 of 10 Town Manager Harlan Jefferson provided an overview of the Town’s position on the expansion of US 380. Town officials have met with TXDOT representatives and participated in stakeholder meetings to emphasize the Town’s position that US 380 should remain in its existing alignment. In April 2017, the Town Council adopted a Resolution expressing its support of US 380 as a future Limited Access Roadway (LAR) within the corporate limits of the Town. The Town’s position remains on record with Collin County and TXDOT that any bypass would have to intersect US 380 east of Custer Road. Hulon Webb, Executive Director of Development and Community Services, stated that Frisco is in agreement with Prosper’s position that US 380 should be expanded in its current alignment. Mayor Pro-Tem Vogelsang noted that Town officials have previously met with City of McKinney officials to make it clear that any bypass must be east of Custer Road. Mayor Smith recognized the following individuals who requested to speak: Nicholas Nordman, 4221 Bellingrath Drive, Prosper, spoke in favor of the expansion of US 380 in its existing alignment, with no bypass options. Kathy Seei, 4020 Chimney Rock, Prosper, spoke on behalf of the Whitley Place subdivision, stating that the residents of Whitley Place are supportive of the current commercial and residential zoning adjacent to their neighborhood. The residents of Whitley Place are opposed to any bypass option, and support the expansion of US 380 in its current alignment. Ms. Seei noted that any bypass near Whitley Place would increase traffic and negatively affect homeowners in the area. She requested, on behalf of the residents of Whitley Place, that US 380 be expanded within its existing alignment, the Town oppose any bypass option, that no further traffic studies be conducted, that US 380 be converted to a Limited Access Roadway immediately, and that any project savings be used to mitigate the impact of the expansion on existing residential developments. Ken Seguin, 320 Yosemite Drive, Prosper, spoke on behalf of the Whitley Place Subdivision. As the HOA President, Mr. Seguin opposed any bypass option within Prosper’s borders, which would destroy commercial property in southeast Prosper. He noted that the current US 380 alignment is Prosper’s “miracle mile” for commercial development, and should be preserved as such. The Whitley Place HOA Board of Directors has adopted a position paper opposing any US 380 bypass option, and supporting US 380 as a Limited Access Roadway. Mark Stine, 16C Grindstone, Prosper, spoke in opposition to any bypass option in McKinney or Prosper, noting that a bypass would increase noise and traffic, and create a safety hazard for drivers near Prosper High School. Dennis De Mattei, 300 Yosemite Drive, Prosper, did not wish to speak, but submitted a Public Meeting Appearance Card in support of Ms. Seei’s comments. Douglas Mousel, 5850 Granite Pkway, Plano, spoke on behalf of 104 and 310 Prosper, also known as the Brookhollow Development, located in the northwest corner of US 380 and Custer Road. Mr. Mousel stated that his company is prepared to dedicate Item 5a Page 4 of 10 right-of-way for the expansion of US 380 in its current alignment, and is strongly opposed to any bypass option. Kyla Smith, 430 Gentry Drive, Prosper, spoke in opposition to a US 380 bypass through Prosper. Paula Fort, 8C Rhea Mills Circle, Prosper, spoke in opposition to a US 380 bypass. The following individuals did not wish to speak, but submitted Public Meeting Appearance Cards in support of the expansion of US 380 in its current alignment: Brad and Tami Johnston, 220 Columbia, Prosper Linda De Mattei, 300 Yosemite Drive, Prosper Mary Hammack, 261 Columbia Court, Prosper Michael Hammack, 261 Columbia Court, Prosper Heather Powell, 711 Cherrywood Drive, Prosper Dawn Farlow, 701 Cherrywood Drive, Prosper Joshua Allen, 3451 Glacier Point Court, Prosper Chris Kern, 570 Abbey Lane, Prosper Steve Brazeal, 4291 Fisher Road, Prosper Julie and Dale Hunter, 4191 Pine Needle Court, Prosper Donna Norbury, 4081 Teton Place, Prosper James Norbury, 4081 Teton Place, Prosper Ron and Pat Justice, 4301 Glacier Point Court, Prosper Lauren Hayes, 4261 Fisher Road, Prosper Tammy Cavender, 4131 Glacier Point Court, Prosper Kelly Cavender, 4131 Glacier Point Court, Prosper Bob Seei, 4020 Chimney Rock, Prosper William Phillips, 280 Aurora Way, Prosper The Council inquired of Mr. Endres what assurances the Town has that additional public input will be sought if TXDOT pursues a new alignment for US 380. Mr. Endres responded TXDOT’s goal is to get consensus from all involved parties, and TXDOT will not build a road unless it has the support of the Town. He noted that environmental studies must still be conducted, and Public Hearings must still be held before the project moves forward. TXDOT received over 4000 survey responses, which will be compiled into a summary report to be released in the next month or two. Town Manager Harlan Jefferson addressed the Council and the audience stating that the Town is confident the residents of Prosper would oppose a bypass, and that the Town has been assured that TXDOT will not build a road without the Town’s approval. The Town Council asked Mr. Endres what more the Town can do to communicate its position to TXDOT. Mr. Endres responded that the Town has already done so by adopting a Resolution supporting US 380 as a future Limited Access Roadway. The Town Council thanked Mr. Endres and the residents who attended the meeting. • Presentation of the Government Finance Officers Association Distinguished Budget Award to members of the Town of Prosper Finance Department. (KN) Item 5a Page 5 of 10 Mayor Smith presented the award to Finance Director Kelly Neal and Accounting Manager Betty Pamplin. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meetings. (RB) • Regular Meeting – July 10, 2018 • Special Called Meeting – July 11, 2018 5b. Receive the May Financial Report (KN) 5c. Consider and act upon rejecting all bids received in response to Bid No. 2018-76-B Town Entry Signage. (JC) 5d. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the City of Frisco, City of McKinney and the Town of Prosper, Texas, related to the median maintenance and improvements on US Highway 380 from Lovers Lane to Custer Road. (DR) 5e. Consider and act upon Ordinance No. 18-58 of the Town Council of the Town of Prosper, Texas, amending Section 1.09.002, “Park Names,” of Article 1.09, “Parks and Recreation,” of Chapter 1, “General Provisions,” of the Town’s Code of Ordinances by providing for the naming or renaming of parks in conjunction with sponsorship agreements and adopt a Sponsorship Policy for parks, and areas that the Parks and Recreation Department oversees. (DR) 5f. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Item 5a Page 6 of 10 Corey Hamilton, 4909 Haverwood Lane, #710, Dallas, a student from Texas A&M University – Commerce, addressed the Council as part of a class project on homelessness in Collin County. She recommended the Council implement a public transit program that would assist Prosper residents in obtaining social services in neighboring communities. Darrell Girouard, 4221 Rocky Ford Drive, Prosper, a resident of Whitley Place, addressed the Council regarding his concerns with speeding on Whitley Place Drive. He requested that additional traffic controls be put in place, particularly at the trail crossing at Glacier Point Court. 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. DEPARTMENT ITEMS: 7. Consider and act upon authorizing the Town Manager to execute a Standard Form of Agreement between the Town and Pogue Construction Co., L.P., related to Construction Manager-At-Risk services for Town of Prosper Public Safety Complex Phase 1 (Police Station and Dispatch) Facility; an Addendum to the Standard Form of Agreement between the Town and the Construction Manager-At -Risk; and an Addendum to the General Conditions of the Contract for Construction. (HW) Town staff recommended the Town Council table this item to the August 28, 2018, Town Council meeting. Councilmember Korbuly made a motion and Councilmember Andres seconded the motion to table Item 7 to the August 28, 2018, Town Council meeting. The motion was approved by a vote of 7-0. 8. Consider and act upon authorizing the Town Manager to execute Work Order Documents between G2 General Contractors and the Town of Prosper, Texas, through the National Joint Powers Alliance Cooperative, related to the renovation of 121 W. Broadway Street for use as the interim police facility. (DK) Police Chief Doug Kowalski presented this item before the Town Council. With the majority of the current Town Hall staff relocating to the new Town Hall facility, the Police Department has been preparing for renovations to the building at 121 W. Broadway Street for use as the interim police facility. Renovations will be performed in two phases. The renovation start date is scheduled for July 30, 2018, and the estimated completion date is September 21, 2018. After discussion, Councilmember Hodges made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to authorize the Town Manager to execute Work Order Documents between G2 General Contractors and the Town of Prosper, Texas, through Item 5a Page 7 of 10 the National Joint Powers Alliance Cooperative, related to the renovation of 121 W. Broadway Street for use as the interim police facility. The motion was approved by a vote of 7-0. 9. Consider and act upon approving Change Order Number 01, to GRod Construction, LLC, related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 01 for same. (MB) CIP Project Manager Michael Bulla presented this item before the Town Council. At the October 24, 2017, Town Council meeting, staff provided an update on the Downtown Enhancements project. Subsequent direction was given to staff to realign the connection of North Main Street to Broadway to better serve motorists traveling through downtown. The revised plans for the improved alignment include the construction of ten additional parking spaces on the east side of the street. This proposed change order includes funding for the extension of the new twelve-inch water line, extending the concrete pavement, parking, and sidewalk two hundred feet north of Broadway, and continuing the landscaping, irrigation, and lighting improvements. After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Change Order Number 01, to GRod Construction, LLC, related to construction services for the Downtown Enhancements project; and authorize the Town Manager to execute Change Order Number 01 for same. The motion was approved by a vote of 7-0. 10. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget). (KN) Finance Director Kelly Neal presented this item before the Town Council. Town staff recommends amending the FY 2017-2018 Budget to provide funding for increased expenditures in the General Fund associated with the change order for the Broadway Street Enhancements. Mayor Pro-Tem Vogelsang made a motion and Councilmember Andres seconded the motion to approve amending Ordinance No. 17-65 (FY 2017-2018 Budget) to provide funding for increased expenditures in the General Fund associated with the change order for the Broadway Street Enhancements. The motion was approved by a vote of 7-0. 11. Consider and act upon awarding Bid No. 2018-85-B to RPM xConstruction, LLC, related to construction services for the Public Works Clarifier Removal (Rebid) project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) Public Works Director Frank Jaromin presented this item before the Town Council. The removal of the clarifer on the Public Works site is necessary in order to optimize the use of the property. This project represents Phase 1 of the removal of the old wastewater treatment plant at the Public Works site. The scope of this contract includes removing the concrete clarifier with the remaining equipment, and backfilling the area to grade. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-85-B to RPM xConstruction, LLC, related to construction services for the Public Works Clarifier Removal (Rebid) project; Item 5a Page 8 of 10 and authorize the Town Manager to execute a construction agreement for the same. The motion was approved by a vote of 7-0. 12. Consider and act upon awarding Bid No. 2018-72-B, to Reytech Services, LLC, related to construction services for the Old Town Streets project; and authorizing the Town Manager to execute a construction agreement for same. (MB) CIP Project Manager Michael Bulla presented this item before the Town Council. The scope of this contract includes the reconstruction of McKinley Street, from First Street to Fifth Street; and Fifth Street, from BNSF to Coleman Street. The existing two-lane asphalt streets will be replaced with two lanes of concrete pavement, with additional drainage pipe extending up to the McKinley and Broadway intersection. In addition, this project will install a portion of our master-planned water system, 3,000 linear feet of twelve-inch pipe, adjacent to the new pavement. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-72-B, to Reytech Services, LLC, related to construction services for the Old Town Streets project; and authorizing the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 7-0. Councilmember Miller stepped away from the Council bench. 13. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between BGE, Inc., and the Town of Prosper, Texas, related to the design of the Victory Way (Coleman Street – Frontier Parkway) project. (PA) Pete Anaya, Deputy Director of Engineering Services, presented this item before the Town Council. BGE, Inc. submitted a proposal to provide engineering design services for the construction of the improvements to Victory Way from Coleman Street to Frontier Parkway. These services include survey work necessary for the design, data collection, preparation of ROW and easement documents; geotechnical investigation, and the development of design drawings for the proposed improvements. Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between BGE, Inc., and the Town of Prosper, Texas, related to the design of Victory Way from Coleman Street to Frontier Parkway Improvements project. The motion was approved by a vote of 6-0. Councilmember Miller returned to the Council bench. 14. Discussion regarding the utilization of Town sports fields. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The Spring of 2018 presented many challenges for the sports leagues in Prosper. The Prosper ISD Stadium and Natatorium construction adjacent to Frontier Park, increased participation numbers in the leagues, and the completion of Frontier Park North fields all required the leagues to adjust their traditional practice and game schedules. Town staff worked closely with local sports leagues to adjust practice and game schedules to mitigate the effects of construction activity and reduced parking. Mr. Raymond provided Item 5a Page 9 of 10 an overview of the field use analysis Town staff conducted for the Spring 2018 season. Staff concludes that field use for the Town’s three major sports leagues ranged from 40%- 53%, based on utilization of all field space available to each group for practice. Town staff anticipates that the Spring 2019 utilization numbers will be noticeably different from Spring 2018, since parking issues will be resolved, league participation will have increased, and the synthetic fields will be available to reschedule rain-out games. No further action was taken. 15. 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: 15a. Section 551.087 – To discuss and consider economic development incentives. 15b. 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. The Town Council recessed into Executive Session at 8:02 p.m. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:06 p.m. No action was taken as a result of Executive Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Pets on Restaurant Patios (JW) Development Services Director John Webb presented an overview of the Town’s survey cities related to allowing pets on restaurant patios. Town staff was directed to bring forward a draft ordinance at a future Town Council meeting that would provide a variance process to allow pets on restaurant patios. • Frontier Park Wireless Communication Support Structure (JW) Development Services Director John Webb presented options for the relocation of a wireless communication support structure within Frontier Park. Town staff was given direction to relocate the pole in the northwest corner of the soccer field. Councilmember Jeff Hodges requested the Council consider implementing a business-casual dress code for the Town Council, Board and Commission members for meetings held in the new Council Chambers. The Town Council concurred. 18. Adjourn. The meeting was adjourned at 9:32 p.m., on Tuesday, July 24, 2018. Item 5a Page 10 of 10 These minutes approved on the 14th day of August 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 1 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Consider accepting the submission of the certified collection rate of 100 percent for FY 2018- 2019. 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 2018-2019 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 2018 numbers are reported as of June 30, 2018. 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% Attached to this staff report is the Collin County Tax Collector’s certification letter for 2018. As in past years, the anticipated collection rate is 100%. Attached Documents: 1.Letter of certification of anticipated collection rate for 2018. Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the certified collection rate of 100 percent for Fiscal Year 2018-2019. Proposed Motion: I move to accept the submission of the certified collection rate of 100 percent for FY 2018-2019. Prosper is a place where everyone matters. FINANCE Item 5b Item 5b 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 14, 2018 Agenda Item: Consider and act upon an ordinance establishing the 2018 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 2018. 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 2018 appraisal roll, including estimated values under protest, is $3,685,975,263, which is 18.37% higher than last year. The total value before the freeze adjustment is $3,939,530,644. Once the tax rate is approved, the Town will be able to begin collecting its 2018 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 this standard form ordinance establishing the certified appraisal roll. Prosper is a place where everyone matters. FINANCE Item 5c Page 2 of 2 Attached Documents: 1.Proposed Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance establishing the 2018 certified appraisal roll. Proposed Motion: I move to approve the ordinance establishing the 2018 certified appraisal roll. Item 5c TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2018 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 2018 appraisal roll of the Town in the amount of $3,939,530,644 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. Item 5c Ordinance No. 18-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 14TH DAY OF AUGUST, 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Item 5c 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 14, 2018 Agenda Item: Consider accepting submission of the 2018 effective tax rate of $0.531332 per $100 taxable value and the rollback tax rate of $0.581388 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. This notice will be published by the Collin County Tax Assessor’s office. 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 2017 and intend to levy them in 2018 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 lower than the effective tax rate of $0.531332, the Town will not be required to hold public hearings on the tax rate. Attached Documents: 1. 2018 Tax Rate Calculation Worksheet Prosper is a place where everyone matters. FINANCE Item 5d Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council accept the submission of the 2018 effective tax rate of $0.531332 per $100 taxable value and the rollback tax rate of $0.581388 per $100 taxable value. Proposed Motion: I move to accept the submission of the 2018 effective tax rate of $0.531332 per $100 taxable value and the rollback tax rate of $0.581388 per $100 taxable value. Item 5d 2018 Tax Rate Calculation Worksheet Date: 08/01/2018 09:11 AM 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. 2017 total taxable value. Enter the amount of 2017 taxable value on the 2017 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 $3,329,225,302 2. 2017 tax ceilings. Counties, cities and junior college districts. Enter 2017 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 2017 or a prior year for homeowners age 65 or older or disabled, use this step.2 $235,668,985 3. Preliminary 2017 adjusted taxable value. Subtract Line 2 from Line 1. $3,093,556,317 4. 2017 total adopted tax rate. $0.520000/$100 5. 2017 taxable value lost because court appeals of ARB decisions reduced 2017 appraised value. A. Original 2017 ARB Values. B. 2017 values resulting from final court decisions. C. 2017 value loss. Subtract B from A.3 $36,062,402 $30,975,000 $5,087,402 6. 2017 taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C. $3,098,643,719 7. 2017 taxable value of property in territory the taxing unit deannexed after Jan. 1, 2017. Enter the 2017 value of property in deannexed territory.4 $0 8. 2017 taxable value lost because property first qualified for an exemption in 2018. Note that lowering the amount or percentage of an existing exemption does not create a new Item 5d 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 2017 market value: B. Partial exemptions. 2018 exemption amount or 2018 percentage exemption times 2017 value: C. Value loss. Add A and B.5 $6,355,441 $31,943,554 $38,298,995 9. 2017 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 2018. Use only properties that qualified in 2018 for the first time; do not use properties that qualified in 2017. A. 2017 market value: B. 2018 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. $38,298,995 11. 2017 adjusted taxable value. Subtract Line 10 from Line 6. $3,060,344,724 12. Adjusted 2017 taxes. Multiply Line 4 by Line 11 and divide by $100. $15,913,792 13. Taxes refunded for years preceding tax year 2017. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year 2017. 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 2017. This line applies only to tax years preceding tax year 2017.7 $16,769 14. Taxes in tax increment financing (TIF) for tax year 2017. 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 2018 captured appraised value in Line 16D, enter 0.8 $132,016 15. Adjusted 2017 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14.9 $15,798,545 16. Total 2018 taxable value on the 2018 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 2018 captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the 2018 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in $3,934,168,037 $0 $0 $58,708,525 Item 5d Line 21 below.11 E. Total 2018 value. Add A and B, then subtract C and D. $3,875,459,512 17. Total value of properties under protest or not included on certified appraisal roll.12 A. 2018 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. 2018 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. $67,288,252 $0 $67,288,252 18. 2018 tax ceilings. Counties, cities and junior colleges 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 units adopted the tax ceiling provision in 2017 or a prior year for homeowners age 65 or older or disabled, use this step.15 $275,824,991 19. 2018 total taxable value. Add Lines 16E and 17C. Subtract Line 18. $3,666,922,773 20. Total 2018 taxable value of properties in territory annexed after Jan. 1, 2017. Include both real and personal property. Enter the 2018 value of property in territory annexed.16 $0 21. Total 2018 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in 2017. 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, 2017, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2018.17 $358,468,291 22. Total adjustments to the 2018 taxable value. Add Lines 20 and 21. $358,468,291 23. 2018 adjusted taxable value. Subtract Line 22 from Line 19. $3,308,454,482 24. 2018 effective tax rate. Divide Line 15 by Line 23 and multiply by $100.18 $0.477520/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2018 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) 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) Item 5d 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) Item 5d 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. 2017 maintenance and operations (M&O) tax rate. $0.367500/$100 27. 2017 adjusted taxable value. Enter the amount from Line 11. $3,060,344,724 28. 2017 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 2017. Enter amount from full year's sales tax revenue spent for M&O in 2017 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 2017: 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 2017. This line applies only to tax years preceding tax year 2017. 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 2018 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. $11,246,766 $1,973,223 $0 $0 $11,801 $0 $93,300 $13,138,490 Item 5d 29. 2018 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet. $3,308,454,482 30. 2018 effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100. $0.397119/$100 31. 2018 rollback maintenance and operation rate. Multiply Line 30 by 1.08. $0.428888/$100 32. Total 2018 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. $6,180,438 $588,380 $0 $5,592,058 33. Certified 2017 excess debt collections. Enter the amount certified by the collector. $0 34. Adjusted 2018 debt. Subtract Line 33 from Line 32D. $5,592,058 35. Certified 2018 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent. 100.00% 36. 2018 debt adjusted for collections. Divide Line 34 by Line 35 $5,592,058 37. 2018 total taxable value. Enter the amount on Line 19. $3,666,922,773 38. 2018 debt tax rate. Divide Line 36 by Line 37 and multiply by $100. $0.152500/$100 39. 2018 rollback tax rate. Add Lines 31 and 38. $0.581388/$100 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2018 county rollback tax rate. Item 5d 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 2017 or May 2018, 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 2017, 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 2017 or in May 2018. 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 2017. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. $1,973,223 43. 2018 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet. $3,666,922,773 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $100. $0.053812/$100 45. 2018 effective tax rate, unadjusted for sales tax.23 Enter the rate from Line 24 or 25, as applicable, on the Effective Tax Rate Worksheet. $0.477520/$100 46. 2018 effective tax rate, adjusted for sales tax. Taxing units that adopted the sales tax in November 2017 or in May 2018. Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November 2017. ADD SALES TAX LOSS RATE $0.531332/$100 47. 2018 rollback tax rate, unadjusted for sales tax.24 Enter the rate from Line 39 or 40, as applicable, of the Rollback Tax Rate Worksheet. $0.581388/$100 48. 2018 rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47. NO SALES TAX LOSS ADJUSTMENT $0.527576/$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) Item 5d 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. 2018 total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet. $3,666,922,773 51. Additional rate for pollution control. Divide Line 49 by Line 50 and multiply by $100. $0/$100 52. 2018 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). $0.527576/$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) $0.531332 Rollback tax rate (Line 39; line 40 for counties; or line 48 if adjusted for sales tax) $0.581388 Rollback tax rate adjusted for pollution control (Line 52) $0.581388 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 Karen Thier Printed Name of Taxing Unit Representative sign here 8/1/2018 _________________________ Taxing Unit Representative Date 25Tex. Tax Code Section 26.045(d) 26Tex. Tax Code Section 26.045(i) Item 5d Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Description of Agenda Item: The Prosper Independent School District (PISD) recently announced new start and end times for the Prosper High School for the 2018-2019 school year. The elementary and middle school times are not changing from those established last year. The change to the start and end times requires that the Town also change the hours of operation for school zones associated with the Prosper High School. Typical hours of operation for school zones are from 30 minutes before to 15 minutes after the start of school and from 15 minutes before to 30 minutes after the end of school. Previously approved deviations from the typical hours of operation include the following: •December 9, 2014 – Town Council approved extending the morning school zone time for Rogers Middle School to start 45 minutes before school due to the significant volume of early pedestrian traffic. •July 25, 2017 – Town Council approved extending the afternoon school zone time along La Cima Boulevard to end 70 minutes after school to allow students walking home from Rogers Middle School additional time to cross La Cima Boulevard. Last year’s hours of operation for Prosper High School and school zones: School Hours School Zone Hours 8:25 AM to 3:45 PM 7:55 AM to 8:40 AM 3:30 PM to 4:15 PM The revised hours of operation for Prosper High School and school zones: School Hours School Zone Hours 8:20 AM to 3:54 PM 7:50 AM to 8:35 AM 3:25 PM to 4:10 PM Furthermore, this ordinance will add two new school zone locations for Windsong Ranch Elementary to serve the crossing guards at Gee Road/Acacia Parkway and Fishtrap Road/Windsong Parkway. Prosper is a place where everyone matters. ENGINEERING Item 5e Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zone. Proposed Motion: I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Item 5e TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE LIMITS ON WHICH SCHOOL ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION OF SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, Section 541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town Council has investigated and finds that it is necessary for the protection and safety of children going to and leaving public elementary and secondary schools within Prosper to amend Section 12.09.004, "School Traffic Zones," of the Code of Ordinances to modify the reduced speed school zones on certain public streets as set forth herein. 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 Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the limits on which school zones are established, and the hours of operation of such zones, to read as follows: Item 5e Ordinance No. 18-__, Page 2 Street Name Limits Hours of Operation Speed Limit Cockrell Elementary School Escalante Trail From Whitley Place Drive to Prosper Trail 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Fisher Road From Escalante Drive to 200 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Mesa Drive From Escalante Drive to 200 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Orchard Grove Drive From west end of roadway to Escalante Trail 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Prosper Trail From 750' west of Escalante Trail to 300' east of Escalante Trail 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Red Wing Drive From Escalante Drive to 215 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Whitley Place Drive From 150 feet southwest of Escalante Trail to 170 feet northeast of Escalante Trail 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Folsom Elementary School Arrowhead Drive From La Cima Boulevard to 120 feet southeast of La Cima Boulevard 7:15 AM to 8:00 AM 2:35 PM to 4:00 PM 20 Arrowhead Drive From 270 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Buffalo Springs Drive From 200 feet north of Cedar Lake Drive to 185 feet south of Cedar Lake Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Calaveras Court From 260 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Cedar Lake Drive From 135 feet west of Buffalo Springs Drive to White River Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 La Cima Boulevard From 300 feet southwest of Arrowhead Drive to 300 feet northeast of Arrowhead Drive 7:15 AM to 8:00 AM 2:35 PM to 4:00 PM 20 Livingston Drive From 180 feet northwest of Salada Drive to Twin Buttes Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Monticello Drive From 130 feet northwest of La Cima Boulevard to La Cima Boulevard 7:15 AM to 8:00 AM 2:35 PM to 4:00 PM 20 Salada Drive From Livingston Drive to 175 feet north east of Livingston Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Sommerville Drive From White River Drive to Livingston Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Texana Drive From Livingston Drive to 180 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Twin Buttes Drive From Livingston Drive to 170 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 White River Drive From 190 feet south of Cedar Lake Drive to 280 feet north of Sommerville Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Rucker Elementary School Craig Road From 100 feet north of Preston Road to 100 feet south of First Street 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Item 5e Ordinance No. 18-__, Page 3 Windsong Elementary School Fishtrap Road From 260 feet west of Windsong Parkway to 220 feet east of Windsong Parkway 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Windsong Parkway From 120 feet north of Fishtrap Road to 120 feet south of Fishtrap Road 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Acacia Parkway From 100 feet west of Gee Road to 100 feet east of Gee Road 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Gee Road From 260 feet north of Acacia Parkway to 220 feet south of Acacia Parkway 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Fishtrap Road From 300 feet west of Redstem Drive to 300 feet east of Copper Canyon Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Paddock Lane From 265 feet west of Redstem Drive to Redstem Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Porosa Lane From 200 feet west of Redstem Drive to Redstem Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Redstem Drive From 85 feet north of Marigold Lane to Fishtrap Road 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Copper Canyon Drive From 80 feet south of Lantana Lane to Fishtrap Road 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Lantana Lane From 200 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Pine Leaf Lane From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Prairie Clover Lane From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Sweet Clover Drive From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM 20 Reynolds Middle School Church Street From 30 feet north of Eighth Street to Prosper ISD Property Line 7:40 AM to 8:25 AM 3:10 PM to 3:55 PM 20 Coleman Street From 160 feet north of Gorgeous Drive to 60 feet south of Wilson Drive 7:40 AM to 8:25 AM 3:10 PM to 3:55 PM 20 Rogers Middle School Coit Road From 300 feet south of Richland Boulevard to 1,150 feet north of Richland Boulevard 7:25 AM to 8:25 AM 3:10 PM to 3:55 PM 20 Richland Boulevard From 300 feet west of Coit Road to east end of roadway 7:25 AM to 8:25 AM 3:10 PM to 3:55 PM 20 Prosper High School Coleman Street From 110 feet east of Talon Lane to 1,900 feet east of Talon Lane 7:50 AM to 8:35 AM 3:25 PM to 4:10 PM 20 Frontier Parkway From 3,930 feet west of SH 289 (Preston Road) to 3,305 feet west of SH 289 (Preston Road) 7:50 AM to 8:35 AM 3:25 PM to 4:10 PM 20 Item 5e Ordinance No. 18-__, Page 4 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF AUGUST, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 5e To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-81-B to Peachtree Construction, LTD, related to construction services for the Prosper Road Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On July 20, 2018, at 2:00 PM, staff opened three (3) bids for the Town of Prosper Bid No. 2018-81- B Prosper Road Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road) project. The verified bid totals from the bidders ranged between $81,611.00 and $112,187.00, with Peachtree Construction, LTD, being the low bidder. The Engineer’s Estimate was $90,381.00. On February 15, 2018, at 2:00 PM, staff opened eleven (11) bids for the Prosper Trail Reconstruction (Coit Road – Custer Road) project. On May 8, 2018, all bids were rejected during the Town Council meeting, and staff was asked to provide a plan to fund the patching of Prosper Trail, Coit Road to Custer Road, over the next three years. This contract includes Phase I of the three-year plan. The scope of this contract includes the full depth reconstruction of distressed areas of pavement with the removal of the existing five (5) inches of asphalt paving, compacting the existing six (6) inches of sub-base, and finally, installing five (5) inches of asphalt. Additionally, the eastbound turn lane on Prosper Trail at Custer Road will be extended 150 feet to provide additional stacking for traffic turning southbound onto Custer Road. This will help to disperse traffic and prevent congestion at the intersection. Construction will begin in October 2018. The contract specifies 21 calendar days for substantial completion, with an additional 30 calendar days for unanticipated delays. The project is expected to be completed by the end of December 2018. During construction, Prosper Trail will be restricted, within the construction area, to one-lane traffic from 8:00 a.m. to 5:00 p.m. with flagmen directing movement in both directions during the day. Staff will coordinate closely with residents, Prosper ISD, Post Office, and public safety personnel. Budget Impact: The funding source for this project is the FY 2017-2018 Budget. The proposed construction cost of $81,611.00 is available in account 100-5480-50-01. Prosper is a place where everyone matters. PUBLIC WORKS Item 5f 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. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2018-81-B to Peachtree Construction, LTD, related to construction services for the Prosper Road Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2018-81-B to Peachtree Construction, LTD, related to construction services for the Prosper Road Improvement Project 2018 (Prosper Trail Patching Coit Road to Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. Item 5f Project Limits Prosper Trail - Coit to Custer Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community polylineLayer Override 1 August 7, 2018 0 0.2 0.40.1 mi 0 0.35 0.70.175 km 1:9,924 Item 5f TOWN OF PROSPER BID TABULATION SUMMARY Bid No. 2018-81-B Prosper Trail Patching Coit Road to Custer Road Bid Opening: 07/20/2018 at 2:30 PM Grand Total Peachtree Construction, LTD $81,611.00 Anderson Asphalt & Concrete Paving, LLC $88,495.00 GRod Construction, LLC $112,187.00 Certified By: January M. Cook, CPPO, CPPB Date: 07/23/2018 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. Item 5f CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager 04-10-2018 Item 5f TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1 LEGAL NOTICE .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BID PROPOSAL FORM .................................................................................................. 4 BID BOND ....................................................................................................................... 9 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 11 CONSTRUCTION AGREEMENT .................................................................................. 12 PERFORMANCE BOND ............................................................................................... 25 PAYMENT BOND.......................................................................................................... 28 MAINTENANCE BOND ................................................................................................. 31 GENERAL CONDITIONS .............................................................................................. 34 SPECIAL CONDITIONS ................................................................................................ 51 TECHNICAL SPECIFICATIONS ................................................................................... 52 Item 5f LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD. Bids will be accepted until 2:30 P.M. on Friday, July 20, 2018 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the removing 5 inches of asphalt paving, compacting existing gravel base and installing 3” of Type B asphalt and 2” of Type D asphalt. Roadways will remain open to one-way traffic by use of flaggers during construction. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at 601 West Fifth Street, Prosper Texas 75078 without charge. These documents may be acquired from that office for the non-refundable purchase price of $10.00 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid- opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, July 13, 2018 at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Item 5f INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:30 P.M. on Friday, July 20, 2018. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD. 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Public Works 601 West Fifth Street Prosper TX. 75078 Phone: 972-347-9969 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 6. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, July 13, 2018, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. 9. Site Visit: N/A Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f 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 Company (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.” Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 12 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 Peachtree Construction, Ltd., a Texas Limited Partnership, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consi deration 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. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 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; Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 13 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Eighty-One Thousand Six Hundred Eleven Dollars and Zero cents ($81,611.00). 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 21 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 Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 14 ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 15 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 16 (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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 17 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 Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 18 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 19 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; Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 20 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 21 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 22 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 23 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 24 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. PEACHTREE CONSTRUCTION, LTD. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 5801 Park Vista Cir. Keller, Texas 76244 Phone: (817) 741-4658 Fax: ( ) Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 25 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 ___14th__ day of August, A.D. 2018, 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. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 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 Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 26 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 three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 27 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 28 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (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 14th day of August, A.D. 2018, a copy of which is attached hereto and m ade a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 29 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ___________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 30 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 31 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (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 14th day of August, 2018, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 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. Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 32 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 three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 33 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 5f 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. Item 5f 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. Item 5f (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. Item 5f (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 Item 5f 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. Item 5f (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 Item 5f 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. Item 5f 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 Item 5f 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. Item 5f The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, 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 Item 5f 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 Item 5f 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. Item 5f The OWNER 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. Item 5f (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 OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will Item 5f 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, Item 5f 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 Item 5f 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. Item 5f SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 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: Frank E. Jaromin, PE Town of Prosper, or his designee. Item 5f TECHNICAL SPECIFICATIONS BID NO. 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 1 Location Map and Patching Schedule 2 Hot Mix Asphalt Concrete 3 SW3P Storm Water 4 Special Instructions Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B LOCATION MAP A Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B B HOT MIX ASPHALT CONCRETE Item 5f HOT MIX ASPHALTIC CONCRETE 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to perform operations in connection with the construction of hot mix asphaltic concrete (HMAC) base course, leveling-up course and surface course or any other combination of these courses. Construct the pavement on the previously completed and approved subgrade, base,or existing pavement. 1.02 QUALITY ASSURANCE A. DESIGN CRITERIA Use the services of an independent testing laboratory to prepare a mix design to comply with Texas Department of Transportation, Standard Specification Item 340 or may use a previously prepared mix design meeting the specification requirements with satisfactory substantiation of experience with the mix. 1.03 SUBMITTALS Submittals shall be in accordance with Section 01300, SUBMITTALS and shall include: A. A mix design B. [List as necessary] 1.04 STANDARDS Hot mix asphaltic concrete (HMAC) pavement shall conform to the requirements of the current Texas Department of Transportation (TXDOT), Standard Specification for "Hot Mix Asphaltic Concrete Pavement", Item 340. Asphaltic material shall comply with Texas Department of Transportation (TXDOT) Standard Specification Item 300. 1.05 DELIVERY AND STORAGE Haul the asphaltic mixture to the job site in tight vehicles previously cleaned of foreign materials. Arrange the dispatching of vehicles so that all material delivered shall be placed and all rolling shall be completed during daylight hours. In cool weather, or for long hauls, canvas covers may be required. The inside of the truck body may be given a light coating of oil, if necessary, to prevent the asphaltic mixture from adhering to the body. 1.06 JOB CONDITIONS A. Do not apply prime coat when the air temperature is below 50 degrees Fahrenheit and falling, but may be applied when the air temperature is above 40 degrees Fahrenheit and rising, the air temperature being taken in the shade and away from artificial heat. Do not place asphaltic material when general weather conditions, in the opinion of the Owner’s Representative are not suitable. B. The asphaltic mixture shall be at a temperature between 225 and 350 degrees Fahrenheit when dumped from the mixer. The Owner’s Representative shall determine the temperature, Item 5f within the above limitations. The mixture when dumped from the mixer shall not vary from the selected temperature more than 30 degrees Fahrenheit. 1.07 OPTIONS [NOT USED] 1.08 GUARANTEES [NOT USED] 2.00 PRODUCTS 2.01 MATERIALS A. AGGREGATE: Conform to TXDOT Standard Specification Item 340. The Type "B" mixtures and at least three bins when producing Type "D" mixture. These bins shall contain the following sizes of aggregate, in percentages by weight or by volume, as applicable. Gradation for base course or leveling-up course shall comply with Type B listed as follows: Type "B" (Fine Graded Base Course): Sieve Size % passing by weight or volume 1” 100 7/8” 95-100 5/8” 75-95 3/8” 60-80 No.4 40-60 No. 10 27-40 No. 40 10-25 No. 80 3-13 No. 200 1-6 VMA % minimum 11 The asphaltic material shall form from 3.5 to 7 percent of the mixture by weight unless specified otherwise on the plans. Gradation for surface course shall comply with Type D listed as follows: Type "D" (Fine-Graded Surface Course): Sieve Size % passing by weight or volume 1/2” 100 3/8” 85-100 No. 4 50-70 No.10 32-42 No. 40 11-26 No. 80 4-14 No. 200 1-6 VMA % Minimum 14 The asphaltic material shall form 4 to 8 percent of the mixture by weight. B. ASPHALTIC MATERIALS: Comply with TXDOT Standard Specification Item 300. In general, the grade of asphalt shall be AC-20. Other grades of asphalt shall be considered if weather conditions or mix design appear to warrant a change. Prime coat shall comply with Item 5f TXDOT Standard Specification Item 300, Grade MC-30. Tack coat shall meet the requirements of cutback asphalt RC-2 and ASTM D-2027. 2.02 MIXES [NOT USED] 2.03 FABRICATIONS [NOT USED] 2.04 MANUFACTURED PRODUCTS [NOT USED] 2.05 EQUIPMENT The equipment necessary for the construction of the hot mix asphaltic concrete pavement shall be on the project site and shall be approved by the Owner’s Representative as to condition before the Contractor shall be permitted to begin construction operations on which the equipment is to be used. Equipment shall be maintained in good repair and operating condition. A. SPREADING AND FINISHING MACHINES The spreading and finishing machine shall be of a type approved by the Owner’s Representative and capable of producing a surface that shall meet the requirements of the typical cross section and surface test. B. ROLLERS 1. PNEUMATIC TIRE ROLLER The roller shall consist of not less than seven (7) pneumatic tire wheels, running on axles in such a manner that the rear group of tires shall cover the entire gap between adjacent tires of forward group; mounted in a rigid frame; and provided with a loading platform or body suitable for ballast loading. The front axle shall be attached to the frame in such a manner that the roller may be turned within a minimum circle. The tire shall afford surface contact pressures up to 90 pounds per square inch or more. The roller shall be so constructed as to operate in both forward and a reverse direction with suitable provisions for moistening the surface of the tires while operating; and shall be approved by the Owner’s Representative. 2. TWO AXLE TANDEM ROLLER The roller shall be an acceptable power-driven, steel-wheel tandem roller weighing not less than eight (8) tons. The roller must operate in forward and reverse directions; contain provisions for moistening the surface of the wheels while in motion; and shall be approved by the Owner’s Representative. 3. THREE WHEEL ROLLER The roller shall be an acceptable power-driven, all steel three (3) wheel roller weighing not less than ten (10) tons. The roller must operate in forward and reverse directions; contain provisions for moistening the surface of the wheels while in motion; and shall be approved by the Owner’s Representative. 4. VIBRATORY STEEL WHEEL ROLLER If approved for use by the Owner’s Representative, this roller shall have a minimum weight of six (6) tons. The compactor shall be equipped with amplitude and frequency controls and shall be specifically designed to compact the material on which it is used. The roller shall be operated in accordance with the Manufacturer's recommendations. C. STRAIGHTEDGES The Contractor shall provide acceptable straightedges for the surface testing. Satisfactory templates shall be provided as required by the Owner’s Representative. 3.00 EXECUTION 3.01 PREPARATION Item 5f A. PRIME COAT Apply a uniform coat of prime coat asphaltic material to the surface of the prepared subgrade, sub-base, or base, applied at a rate of not less than 0.30 gallon per square yard of surface. Apply a thin uniform coat of the prime coat material to contact surfaces of gutters, manholes, and other structures. B. TACK COAT Thoroughly clean the surface of the asphalt base course and apply a uniform coat of tack material meeting the requirements for cutback asphalt RC-250.Apply a tack coat when the surface to be paved is portland cement concrete, brick, or asphaltic pavement. Apply the tack coat using sprayer at a rate not exceeding 0..05 gallon per square yard surface. Paint contact surfaces of curbs, gutters, vertical faces, and other structures in actual contact with asphaltic mixes with asphaltic material to provide a closely bonded, water-tight joint. C. COMPACTED THICKNESS OF ASPHALTIC CONCRETE SURFACE COURSES AND BASE COURSES 1. SURFACE COURSE The compacted thickness or depth of the asphaltic concrete surface shall be as indicated on the plans. Where the plans indicate a depth or thickness of the surface course greater than 2" compacted depth, same shall be placed in multiple courses of equal depth, each which shall not exceed 2" compacted depth. A tack coat is required between any of the multiple courses, and applied at the rate specified. 2. BASE COURSE The compacted thickness or depth of each base shall be as indicated. Where the plans indicate a depth or thickness of the course greater than 4", same shall be accomplished by constructing multiple lifts of approximately equal depth, each of which shall not exceed these maximum compacted depths. An additional tack coat is required between any of the multiple lifts, and applied at a rate specified. 3.02 PLACEMENT A. Place the asphaltic mixture on an approved base course with the previously specified spreading and finishing machine in such a manner that, when properly compacted, the finished course shall comply with the maximum thickness requirements, shall be smooth, of uniform density and meet the requirements of the typical cross sections and the surface test. During the placing and spreading of the asphaltic material, take care to prevent the spilling of the material onto adjacent pavement, gutters, or structures. B. In small areas, which are inaccessible to the spreading and finishing machine, hand spreading may be authorized by the Owner’s Representative, provided an acceptable surface can be obtained. 3.03 COMPACTION A. Rolling with the 3-wheel and tandem rollers shall start longitudinally at the sides and proceed toward the center of the surface course, overlapping on successive trips by at least half the width of the rear wheels. Alternate trips of the roller shall be slightly different in length. Rolling with the pneumatic tire roller shall be done as directed by the Owner’s Representative. Rolling shall continue until no further compression can be obtained and all roller marks are eliminated. The motion of the rollers shall be slow enough at all times to avoid displacement of the asphaltic surface material. If displacement should occur, correct the situation at once by the use of rakes and fresh asphaltic mixtures. The roller shall not be allowed to stand on the surface course when it has not been fully compacted and allowed to cool. To prevent adhesion of the surface to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water shall not be permitted. Rollers must be in good mechanical condition. Take the necessary precautions to prevent the dripping of gasoline, Item 5f oil, grease, or other foreign matter on the surface course while the rollers are in motion or when standing. In areas where surface course cannot be compacted with the roller, hand tamps, lightly oiled, shall be used to secure the required compaction. B. With approval by the Owner’s Representative, the vibratory steel wheel roller may be substituted for the 3-wheel roller and tandem roller. Each course, after final compaction, shall contain from 5 to 9 percent air voids determined by TXDOT Test Method TEX207-F. 3.04 FIELD QUALITY CONTROL A. SURFACE TESTS The finished surface of the pavement after compression shall be smooth and true to the established line, grade, and cross section. When tested with a 16' straightedge placed parallel to the centerline of the roadway, the finished surface shall have no deviation in excess of 1/16" per foot from the nearest point of contact. The maximum ordinate measured from the face of the straightedge shall not exceed 1/4" at any point. Any point in the pavement surface not meeting these requirements shall be immediately corrected. B. PAVEMENT THICKNESS TEST Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness test shall be made by the Owner or his authorized representative unless otherwise specified in the special provisions or in the plans. The number and location of tests shall be at the discretion of the Owner’s Representative. The cost for the initial pavement thickness test shall be at the expense of the Owner. In the event a deficiency in the thickness of the pavement is revealed during normal testing operations, subsequent tests necessary to isolate the deficiency shall be at the Contractor's expense. The cost for the additional coring test shall be at the same rate charged by commercial laboratories. 3.05 CLEAN AND ADJUST [NOT USED] 3.06 SCHEDULES [NOT USED] END OF SECTION Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B SECTION SW3P C STORM WATER POLLUTION PREVENTION PLAN Item 5f SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN 1. The Contractor will be required to provide a separate Storm Water Pollution Prevention Plan. The Erosion Control Plans included in the construction plans will not be considered a Storm Water Pollution Prevention Plan. 2. The Contractor will be required to submit a Storm Water Pollution Prevention Plan (SW3P) to the Town of Prosper for this project before the Notice to Proceed will be granted. The SW3P shall comply with the regulations established by the Texas Commission on Environmental Quality (TCEQ). 3. The Contractor will be required to submit all appropriate forms, including the NOI and NOT, as well as being responsible for producing and submitting all inspection reports throughout the duration of the project to the TCEQ and the Town of Prosper. The Contractor will be responsible for submitting the NOI and NOT on behalf of the Town of Prosper, including all fees associated with these forms. The Contractor shall submit two (2) copies of all NOIs and proof of payment of NOIs to the Town of Prosper before the Notice to Proceed will be granted. Payment: Payment for this work shall be considered subsidiary to the pay items. Item 5f PROSPER TRAILRECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B SPECIAL INSTRUCTIONS D Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD BID NO. 2018-81-B SPECIAL INSTRUCTIONS GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the removing 5 inches of asphalt paving, compacting existing gravel base and installing 3” of Type B asphalt and 2” of Type D asphalt. Roadways will remain open to one-way traffic by use of flaggers during construction. ANTICPATED PROCEEDURE A. Grind, 5” of existing road base in two phases and remove as necessary. The Town on Prosper will mark limits in the field. B. Compact existing road base. C. Miscellaneous Asphalt is at the discussion of the Town Inspector to extend or add patch repairs. D. Grade and compact roadway to near existing profile and configuration less thickness of pavement. Paving may require additional excavation or fill for proper transition to existing driveways and street connections. E. Install 2” Type D asphalt and 3” Type B asphalt in 2 layers as shown on details. F. Pull shoulders with top soil (no rocks). G. Prior to the start of construction, the Contactor shall submit a traffic control plan for approval by the Town. H. All Asphalt work shall conform to TxDOT Standards. I. Cores to be at required one per patch. J. Quantities are for bidding only, in place quantities govern. K. Typical Standards are on Prosper Web page under Engineering. 1.02 TRAFFIC CONTROL SIGNAGE The contractor shall install and maintain all required signage and shall comply with Texas Department of Transportation (TXDOT) Standards. The Contractor shall supply the Town with a Traffic Control plan prior to work. 1.03 RESIDENTS MEETING There could be as many as two evening meeting to discuss this work with the residents. The Contractors Superintendent will be required to be present at this meeting. Access to the projectThe contractor will help the residents with trash pickup if requested. The contractor will be required to maintain access to all areas during construction. END OF SECTION Item 5f Purchasing Department Addendum No. 1 Issued July 16, 2018 Bid No: 2018-81-B Bid Title: Prosper Trail Patching Coit Road to Custer Road Bids Due: 07/20/2018 @ 2:30 p.m. Addendum #1 is issued by the Town of Prosper Purchasing Office. Please see the following for changes/additions/deletions to the specifications: Changes Bid Proposal Form: Revise quantities on Line Items 1 and 2 to extend a 12-foot right turn lane on a prepared base for southbound traffic at Custer Road (use attached Page 6 REVISED Bid Proposal Form). Vendors who may have already submitted a response and feel this addendum may change their response may pick up their submission and return it prior to July 20, 2018 @ 2:30 p.m. If picking up the submission is not feasible, any new response submitted by your firm will supersede one previously submitted. Acknowledge receipt of this addendum by initialing in the appropriate space on the Bid Proposal Form if you have not previously submitted a response. For questions regarding this addendum contact: January M. Cook, CPPO, CPPB Purchasing Agent (972) 569-1018 january_cook@prospertx.gov Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 6 Bid No 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD (REVISED BID PROPOSAL FORM) Bid Item Description Quantity Unit Unit Total No.Cost Amount 1 3” Type D Asphalt 979 SY 2 2” Type B Asphalt 979 SY 3 Remove 6” Asphalt Paving 719 SY 4 Compact Existing Base 719 SY 5 3” Type B & 2” Type D Miscellaneous 100 SY 6 CSS 1-H Tack 1 LS 7 Erosion Control 1 LS 8 Traffic Control 1 LS TOTAL BID 13. Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within 21 calendar days as part of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. 14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. 15. Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. 16. Each bidder shall include the following information in this Bid: Cost of Materials Cost of Labor, Profit, etc. Total Amount Of Bid Base Bid $______________ $______________ $______________ Alternate Bid $______________ $______________ $______________ 17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If additional space is necessary to provide a complete listing, please Item 5f Purchasing Department Addendum No. 2 Issued July 19, 2018 Bid No: 2018-81-B Bid Title: Prosper Trail Patching Coit Road to Custer Road Bids Due: 07/20/2018 @ 2:30 p.m. Addendum #2 is issued by the Town of Prosper Purchasing Office. Please see the following for changes/additions/deletions to the specifications: Changes Bid Proposal Form: Revise description on Line Items 1 and 2 (use attached Page 6 REVISED Bid Proposal Form 7-19-18). Vendors who may have already submitted a response and feel this addendum may change their response may pick up their submission and return it prior to July 20, 2018 @ 2:30 p.m. If picking up the submission is not feasible, any new response submitted by your firm will supersede one previously submitted. Acknowledge receipt of this addendum by initialing in the appropriate space on the Bid Proposal Form if you have not previously submitted a response. For questions regarding this addendum contact: January M. Cook, CPPO, CPPB Purchasing Agent (972) 569-1018 january_cook@prospertx.gov Item 5f PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD 2018-81-B PAGE 6 Bid No 2018-81-B PROSPER TRAIL PATCHING COIT ROAD TO CUSTER ROAD (REVISED BID PROPOSAL FORM 7-19-18) Bid Item Description Quantity Unit Unit Total No.Cost Amount 1 2” Type D Asphalt 979 SY 2 3” Type B Asphalt 979 SY 3 Remove 6” Asphalt Paving 719 SY 4 Compact Existing Base 719 SY 5 3” Type B & 2” Type D Miscellaneous 100 SY 6 CSS 1-H Tack 1 LS 7 Erosion Control 1 LS 8 Traffic Control 1 LS TOTAL BID 13. Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within 21 calendar days as part of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. 14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. 15. Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. 16. Each bidder shall include the following information in this Bid: Cost of Materials Cost of Labor, Profit, etc. Total Amount Of Bid Base Bid $______________ $______________ $______________ Alternate Bid $______________ $______________ $______________ 17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If additional space is necessary to provide a complete listing, please Item 5f 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 14, 2018 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 is the Site Plan that was acted on by the Planning & Zoning Commission at their August 7, 2018, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1.Site Plan for Raising Cane’s (Windsong Ranch Marketplace) Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Raising Cane’s Site Plan North side of US 380, east of Gee Road 3,030 square feet Restaurant with Drive- Through Raising Cane’s Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5g U.S. HIGHWAY NO. 380 (VARIABLE WIDTH RIGHT-OF-WAY) J.L. SALING SURVEY ABSTRACT NO. 1675 LOT 1, BLK AWINDSONG RANCH MARKETPLACE DOC. NO. 2017-312 P.R.D.C.T. LOT 2, BLK AWINDSONG RANCH MARKETPLACEDOC. NO. 2017-312 P.R.D.C.T. LOT 6, BLK AWINDSONG RANCH MARKETPLACE DOC. NO. 2017-312 P.R.D.C.T. LOT 3, BLK AWINDSONG RANCH MARKETPLACE DOC. NO. 2017-312 P.R.D.C.T. LOT 4, BLK AWINDSONG RANCH MARKETPLACE DOC. NO. 2017-312 P.R.D.C.T. GG W S T G E T S E T TTVE GG N88°34'34"E 151.36' S1 ° 1 8 ' 0 6 " E 19 8 . 0 7 ' S88°41'54"W 26.11' S1 ° 2 5 ' 2 6 " E 61 . 9 3 ' S88°34'34"W 144.01' N1 ° 2 3 ' 2 3 " W 62 . 0 0 ' N88°35'05"E 18.99' N1 ° 2 2 ' 4 0 " W 19 7 . 9 5 ' 0.892 ACRES 38,865 SQ. FT. EX. USE: RETAIL FUTURE USE: RESTAURANT UNDER CONSTRUCTION EX. USE: SERVICE (BANK) EX. USE: RETAIL/RESTAURANT D 30' LANDSCAPE &PEDESTRIAN EASEMENT DOC. 2017-312, P.R.D.C.T. 75' PERMANENT PIPELINE EASEMENT VOL. 4871, PG. 5146, D.R.D.C.T. 15' WATER EASEMENT DOC. 2012-108220, O.R.D.C.T. 15' DRAINAGE EASEMENT DOC. 2017-312, P.R.D.C.T. VARIABLE WIDTH COSERV EASEMENT DOC. 2017-312, P.R.D.C.T. 1' SANITARY SEWER EASEMENT DOC. 2017-312, P.R.D.C.T. 15' DRAINAGE EASEMENT DOC. 2017-312, P.R.D.C.T. 24' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT DOC. 2017-312, P.R.D.C.T. 24 ' F I R E L A N E , A C C E S S , DR A I N A G E & U T I L I T Y E A S E M E N T DO C . 2 0 1 7 - 3 1 2 , P . R . D . C . T . VARIABLE WIDTH COSERV EASEMENT DOC. 2017-312, P.R.D.C.T.10' WATER EASEMENT DOC. 2017-312, P.R.D.C.T. 15' D R A I N A G E E A S E M E N T DO C . 2 0 1 7 - 3 1 2 , P . R . D . C . T . SANITARY SEWER & DRAINAGE EASEMENT DOC. 2017-312, P.R.D.C.T. 15' WATER EASEMENT DOC. 2012-108220, O.R.D.C.T. 12' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT CC#2017-457 FIRELANE, ACCESS, DRAINAGE EASEMENT CC# 2017-137443 OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE 13 V A N 11 13 E X . 2 4 . 0 ' D R I V E 12.0'20.0'12.0'12.0'20.0' 15.0' 9. 0 ' 9.0' 9 . 0 ' 9.0' 5.0' 11.0' 5 . 0 ' EX. 24' DRIVE EX. 24.0' DRIVE 12.0' EX. 3 0 . 0 ' R 12.0'12.0' PROPOSED 6'SIDEWALK PROPOSED 6'SIDEWALK BY OTHERS EXISTING 6'SIDEWALK 3 0 ' R 12 . 0 ' PICKUP WINDOW ORDERBOARD PRE-ORDER BOARDPAYWINDOW PATIOAREA BFR BFR BFR BFR BFR BFR BFR CI CI CI CI FH FDC EX. FH DUMPSTER WITH 8' TALLSCREEN WALL TO MATCH BUILDING PROPOSED ELECTRICEASEMENT (BY SEPARATE INSTRUMENT) GREASE TRAP 93 . 5 0 ' 40.79' PROPOSED RESTAURANT3,030 S.F. PATIO AREA 265 SF 11.00' FFE = 576.70 EX. FH 5.50' 5.43' 2 1 LS LS LS LSLSLS LS LS LSLS LS LS LS LS LS EX. SSMH HEADLIGHT SCREENING PROPOSED 5'SIDEWALK 7.0'13.0'5.8'13.0' 1 2 . 4 3 ' HEIGHTDETECTOR EX. CONCRETE PAVEMENT TO REMAIN. EX. CONCRETE PAVEMENT TO REMAIN. EX . C O N C R E T E P A V E M E N T T O RE M A I N . EX . C O N C R E T E P A V E M E N T TO R E M A I N . CO N C R E T E P A V E M E N T CO N C R E T E P A V E M E N T CONCRETE PAVEMENT 2 0 . 0 ' 16.0 ' 2 8 . 5 ' PROPOSED WATEREASEMENT 50.0 ' DOG WATER FOUNTAIN ANDHITCHING POST EXISTING OVERHEAD ELECTRIC 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 COMPREHENSIVE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE AND SUBDIVISION REGULATION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE 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’) 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 TOWN ENGINEER. 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 COMPREHENSIVE 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. PROPERTY LINE ADJACENT PROPERTY LINE SETBACK LINE EASEMENT LINE FIRE LANE, ACCESS AND UTILITY EASEMENT (FAUE) LANDSCAPE HEADLIGHT SCREENING. FIRE HYDRANT CURB INLET SANITARY MANHOLE LANDSCAPE AREA BARRIER FREE RAMP STORM MANHOLE 00 20 40' GRAPHIC SCALE 20' @ 24"X36" 1. NO FLOODPLAIN EXISTS ON THE SITE. 2. ALL DIMENSIONS ARE SHOWN TO FACE OF CURB UNLESS OTHERWISE NOTED. 3. FIRE LANES SHALL BE A MINIMUM OF 24' IN WIDTH WITH A 30' TURNING RADIUS. 4. FDCS SHALL BE PROVIDED IN ACCORDANCE WITH THE TOWN OF PROSPER STANDARDS 5. NO UTILITY EASEMENTS SHALL BE LOCATED INSIDE LANDSCAPE SETBACK ALONG U.S. HIGHWAY 380. GENERAL NOTES LEGEND TOWN OF PROSPER SITE PLAN NOTES N.T.S.VICINITY MAP SITE FH CI SSMH LS BFR MH S D ENGINEER / SURVEYOR/ APPLICANT KIMLEY-HORN AND ASSOCIATES, INC. 5750 GENESIS COURT, SUITE 200 FRISCO, TX. 75034 PHONE: (972) 335-3580 FAX: (972) 335-3779 CONTACT: CAROLYN KOCH, P.E. OWNER NORTHEAST 423/380 LTD 7001 PRESTON ROAD, SUITE 410 DALLAS, TX PHONE: 214-533-5225 CONTACT: ROBERT DORAZIL WINDSONG RANCH MARKETPLACE BLOCK A, LOT 2 CASE # D18-0065 0.892 ACRES J. SALING SURVEY, ABSTRACT NO. 1675 TOWN OF PROSPER, DENTON COUNTY, TEXAS PREPARATION DATE: JULY 30, 2018 SITE PLAN DEVELOPER RAISING CANE'S RESTAURANTS, L.L.C. 6800 BISHOP ROAD PLANO, TX 75024 PHONE: (972) 769-3364 CONTACT: LUARON MCCORMACK 38,866 SQ. FT. 3,030 SQ. FT. 50% 0.08:1 2 SPACES 2 SPACES ZONING LOT AREA / SQ. FT. AND AC BUILDING FOOTPRINT BUILDING HEIGHT MAX. ALLOWABLE LOT COVERAGE FLOOR AREA RATIO TOTAL PARKING REQUIRED TOTAL PARKING PROVIDED TOTAL HANDICAP REQUIRED TOTAL HANDICAP PROVIDED 0.892 AC 37 SPACES 1-STORY, 24 FT. MAX 7.8%ACTUAL LOT COVERAGE 29,223 SQ. FT.SQ. FT. IMPERVIOUS SURFACE 2,721 SQ. FT. (7%)OPEN SPACE REQUIRED OPEN SPACE PROVIDED 4,290 SF (11%) 33 SPACES SITE DATA SUMMARY TABLE RESTAURANT W/ DRIVE THRU (1 PER 100 SF) PATIO (1 PER 200 SF) 31 SPACES 2 SPACES 265 SQ. FT.OUTDOOR PATIO FOOTPRINT LOT DESIGNATION BLOCK A, LOT 2 PD 40 - RETAIL 5,700 SQ. FT.INTERIOR LANDSCAPING PROVIDED 570 SQ. FT.INTERIOR LANDSCAPING REQUIRED (15 SF FOR EACH PARKING SPACE) PROPOSED USE RESTAURANT W/ DRIVE THRU WEST UNIVERSITY DRIVE US 380 GE E R D . WI N D S O N G P A R K W A Y TE E L P K W Y TE E L P K W Y FISH TRAP RD. FM 1 3 8 5 FM 4 2 3 ROCKHILL PKWY CITY OF FRISCO TOWN OF PROSPER WATER METER & SEWER SCHEDULE DOMESTIC NO.I.D. TYPE SIZE SEWER EX. IRRIGATION 1.5" 1" 1 1 6" Item 5g Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit (SUP) for a Restaurant with Drive-Through, on 2.5± acres, located on the west side of Preston Road, south of Frontier Parkway. The property is zoned Planned Development-10 (PD-10). (S17-0005). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property PD-10-Retail Undeveloped Retail & Neighborhood Services North PD-10-Retail Undeveloped Retail & Neighborhood Services East PD-15-Retail Undeveloped Retail & Neighborhood Services South Office Undeveloped Retail & Neighborhood Services West PD-10-Retail and Office Undeveloped Retail & Neighborhood Services Requested Zoning – The purpose of this request is to allow for a restaurant with drive-through as one (1) occupant of a multi-tenant, 17,950 square foot retail building. The applicant has indicated the drive-through restaurant tenant will be a coffee shop. Exhibit B shows the layout of the overall site. Parking and stacking are adequate based upon the areas dedicated for retail and restaurant uses. Exhibit C is a conceptual landscape plan, which depicts the location of required landscaping. The landscaping meets the minimum standards of the Town’s Zoning Ordinance. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 Exhibit D shows a conceptual rendering of the architectural look and style of the building. The development will be required to meet the non-residential design and development standards of PD-10 and the Zoning Ordinance. The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staff’s responses for each, are below. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? The properties to the north and west are undeveloped and zoned PD-10. The property to the south is undeveloped and zoned Office. At this time, the property owner is preparing a revised Preliminary Site Plan for the development of the overall property. To the east across Preston Road, the property is undeveloped and zoned PD-15-Retail. The nature of the use is reasonable and compatible with existing uses or proposed uses. 2. Are the activities requested by the applicant normally associated with the requested use? The activities requested by the applicant, as shown on Exhibit B, are normally associated with a retail building and a restaurant with drive-through service. 3. Is the nature of the use reasonable? The Future Land Use Plan recommends Retail & Neighborhood Services for the property. The proposed use is permitted by SUP within the Retail zoning district; therefore, the nature of the use is reasonable. 4. Has any impact on the surrounding area been mitigated? The proposed use will have minimal impact on the surrounding area. Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services uses for the property. This request conforms to the Future Land Use Plan. Conformance to the Thoroughfare Plan – The property has direct access to Preston Road, a six- lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – W ater and sanitary sewer services are located directly adjacent to the overall property and will be extended through the property to the subject property by the developer. Access – Access to the property is provided from Preston Road. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – The property will not be needed for a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has not received any Public Hearing Notice Reply Forms. Item 7 Page 3 of 3 Attached Documents: 1. Location and Zoning Maps 2. SUP Exhibits A, B, C, and D Executive Development Team (EDT) Review: On October 24, 2017, and November 28, 2017, the EDT reviewed concept plans for the entirety of PD-10, now commonly referred as “Victory at Frontier.” There is a pending amendment to the 34-acre PD, but the proposed building is in accordance with the current PD, with exception of requiring a SUP for the end-cap drive-through. It is anticipated the developer will ultimately proceed with the PD amendment in the future. Planning & Zoning Commission Recommendation: At their July 17, 2018 meeting, the Planning & Zoning Commission recommend the Town Council approve the request, by a vote of 6-0, subject to: 1. Incorporating complimentary architectural features, as shown on the north and east elevations, onto the south and west elevations; including doors, towers, stone, awnings, and/or windows; and 2. Revising Exhibit D to include the proposed outdoor patio dining area, as shown on Exhibit B. Since the meeting the applicant has revised the proposed building elevation, Exhibit D, to reflect the recommendations of the Planning & Zoning Commission. Town Staff Recommendation: Town staff recommends that the Town Council approve the request. Proposed Motion: I move to approve the request for a Specific Use Permit (SUP) for a Restaurant with Drive- Through, on 2.5± acres, located on the west side of Preston Road, south of Frontier Parkway. Item 7 FRONTIER PKWY PR E S T O N R D COLEMAN ST BO Z M A N T R L WINCHESTER DR CHISHOLM TRL DO D G E D R LARIAT DR S17-0005 ±0 130 260 39065 Feet Item 7 FRONTIER PKWY PR E S T O N R D COLEMAN ST BO Z M A N T R L WINCHESTER DR CHISHOLM TRL DO D G E D R LARIAT DR S17-0005 PD-10 PD-15 PD-15 R R O SF-15 O SF-12.5 ±0 130 260 39065 Feet Item 7 7 1 4 7 1 6 7 1 8 7 1 2 7 1 0 7 0 8 7 0 6 7 0 4 7 0 2 7 0 0 6 9 8 7 2 0 7 2 2 724 72 6 7 1 0 7 0 8 7 0 6 7 0 4 702 7 0 0 69 8 6 9 6 Victory At Frontier LLC Doc. No. 20161122001590950 O.P.R.C.C.T. Ganapathy LTD Volume 5894 Page 1749 O.P.R.C.C.T. Jo n e s J e r r a l W E t a l Vo l u m e 5 1 8 4 P a g e 2 1 2 O. P . R . C . C . T . N88° 36' 00"W 199.58' N 3 4 ° 5 5 ' 5 0 " W 2 8 2 . 0 7 ' S67° 5 4 ' 1 0 " E 282.4 5 ' S88° 35' 40"E 73.27' Victory At Frontier LLC Doc. No. 20161122001590950 O.P.R.C.C.T. N P R E S T O N R O A D (S T A T E H I G H W A Y 2 8 9 ) VA R I A B L E W I D T H R O W N0 1 ° 2 1 ' 1 0 " E 17 1 . 9 6 ' S0 1 ° 2 4 ' 2 0 " W 29 9 . 3 6 ' S88° 35' 40"E 34.38' Zoning: PD-10 Ord. No. 04-59 Future Land Use Designation: Retail & Neighborhood Services Zoning: PD-10 Ord. No. 04-59 Future Land Use Designation: Retail & Neighborhood Services Zo n i n g : R e t a i l Fu t u r e L a n d U s e D e s i g n a t i o n : R e t a i l & Ne i g h b o r h o o d S e r v i c e s Zoning: Office Future Land Use Designation: Retail & Neighborhood Services 79 0 ' T O N C O L E M A N S T 22 5 ' TO D R I V E W A Y 24' 52 ' 73 0 ' T O FR O N T I E R P K W Y 157' GRAPHIC SCALE FEET010050 1"= 50' EXHIBIT A VICTORY SHOPS AT FRONTIER 2.47 ACRES SITUATED IN THE SPENCER RICE SURVEY, ABS. NO. 787 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. S17-0005 ENGINEER/APPLICANT Kirkman Engineering 4821 Merlot Ave., Suite 210 Grapevine, Texas 76051 Telephone (817) 488-4960 TBPE No. 15874 Contact: Patrick Filson, P.E. OWNER Victory at Frontier, LLC 8001 LBJ Freeway, Suite 400 Dallas, Texas 75251 Telephone 972-707-9555 Contact: Kris Ramji LEGAL DESCRIPTION: WHEREAS, Victory at Frontier, LLC is the owner of a 2.474 acre tract of land situated in the Spencer Rice Survey, Abstract No. 787, in the Town of Prosper, Collin County, Texas, being a part of that same tract of land conveyed to Victory at Frontier, LLC by deed recorded in Document No. 20161122001590950 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows (Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of 1.000152710): COMMENCING at a TXDOT monument found for the easternmost Northeast corner of said Victory at Frontier, LLC tract, at the southerly end of a corner clip at the intersection of the South right-of-way line of Frontier Parkway (variable width right-of-way) and the West right-of-way line of N. Preston Road (State Highway 289) (variable width right-of-way); THENCE, with the West right-of-way line of said N. Preston Road, the following courses and distances: 1. South 01 Degrees 23 Minutes 32 Seconds West, a distance of 117.44 feet to a TXDOT monument found; 2. South 04 Degrees 45 Minutes 06 Seconds East, a distance of 100.58 feet to a 5/8 inch rebar found; 3. South 01 Degrees 24 Minutes 24 Seconds West, a distance of 85.46 feet to a 5/8 inch rebar found; 4. South 04 Degrees 16 Minutes 09 Seconds West, a distance of 200.25 feet to a TXDOT monument found; 5. South 01 Degrees 24 Minutes 24 Seconds West, a distance of 254.82 feet to a 1/2 inch rebar with cap stamped "Windrose" set for corner for the POINT OF BEGINNING; THENCE South 01 Degrees 24 Minutes 24 Seconds West, continuing with the West right-of-way line of said N. Preston Road, a distance of 299.36 feet to a 5/8 inch rebar found for the Northeast corner of a tract of land conveyed to Ganapathy Ltd. by deed recorded in Volume 5894, Page 1749 of the Deed Records of Collin County, Texas, same being the Southeast corner of said Victory at Frontier, LLC tract; THENCE, departing the West right-of-way line of said N. Preston Road, and with the perimeter and to the corners of said Ganapathy Ltd. tract, the following courses and distances: 1. North 88 Degrees 36 Minutes 03 Seconds West, a distance of 199.57 feet to a 5/8 inch rebar found for corner; 2. North 34 Degrees 55 Minutes 47 Seconds West, a distance of 282.07 feet to a 5/8 inch rebar found for corner; 3. North 88 Degrees 38 Minutes 52 Seconds West, a distance of 5.00 feet to a 1/2 inch rebar with a cap stamped "Windrose" set for corner; THENCE North 01 Degrees 21 Minutes 08 Seconds East, departing the North line of said Ganapathy Ltd. tract, over, across and through said Victory at Frontier, LLC tract, a distance of 171.96 feet to a 1/2 inch rebar with a cap stamped "Windrose" set for corner; THENCE South 88 Degrees 35 Minutes 36 Seconds East, continuing through said Victory at Frontier, LLC tract, a distance of 34.38 feet to a 1/2 inch rebar with a cap stamped "Windrose" set for corner; THENCE South 67 Degrees 54 Minutes 10 Seconds East, continuing through said Victory at Frontier, LLC tract, a distance of 282.43 feet to a 1/2 inch rebar with a cap stamped "Windrose" for corner; THENCE South 88 Degrees 35 Minutes 36 Seconds East, continuing through said Victory at Frontier, LLC tract, a distance of 73.27 feet to the POINT OF BEGINNING and containing 107,770 square feet or 2.474 acres of land, more or less. SITE MAP N.T.S. SUBJECT PROPERTY N P R E S T O N R D FRONTIER PKWY N COLEMAN ST C SHEET: Copyright 2018, Kirkman Engineering DEVELOPER/OWNER DRAWN BY: JOB NUMBER: CHECKED BY: DESIGNED BY: ISSUE DATE: REV: Texas Firm No: 15874 Kirkman Engineering, LLC VICTORY SHOPSAT FRONTIER VIC17007_FRONTIER 01-03-18 PROSPER, TEXAS 4821 Merlot Avenue, Suite 210 Grapevine, Texas 76051 Phone: 817-488-4960 Item 7 8 9 5 13 7 6 4 7 14F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E FI R E L A N E F I R E L A N E FIRE L A N E FIRE L A N E FIRE L A N E FIRE L A N E FIRELANE FIRE L A N E FIRE L A N E FIRE L A N E FIRE L A N E FIRE L A N E 11 F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E FIRELA N E F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E FIRELANE FIRELANE FIR E L A N E FIRELANE FIRELANE 13 11 15 E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W E x W SS FH FH FH FH FH F H Victory At Frontier LLC Doc. No. 20161122001590950 O.P.R.C.C.T. Zoning: PD-10 Ord. No. 04-59 Land Use: Undeveloped Ganapathy LTD Volume 5894 Page 1749 O.P.R.C.C.T. Zoning:Office Land Use: Undeveloped Jo n e s J e r r a l W E t a l Vo l u m e 5 1 8 4 P a g e 2 1 2 O. P . R . C . C . T . La n d U s e : U n d e v e l o p e d 80.0' 24.0' FADUE 24.0' FADUE 24.0'FADUE APPROX. 820' TO FRONTIER PKWY EX . C O N C R E T E PA V E M E N T 52.0' 425.1' 24.0' 30'X12' OFF-STREET LOADING ZONE 2 - 13'X15' 8.0' MASONRY DUMPSTER ENCLOSURES 80.0' N88° 38' 52"W 5.00' 600 SF PATIO 8.0' PROP. 24' DRAINAGE, UTILITY EASEMENT 2" DOM. METER PROP FH 24.0' 24.0' 4.0'9.0'18.0' 40.0' 9.0' 18.0' 10.0' 10.0' 9.0' 18.0' 12.0' 7.0' 5.0' LANDSCAPE BUFFER 2' OVERHANG 2' OVERHANG 2' OVERHANG PROP. 10' HIKE & BIKE TRAIL 2' OVERHANG 2' OVERHANG 5' LANDSCAPE BUFFER 2' OVERHANG JUNCTION BOX DRIVE THRU MENU BOARD 7.0' PROP. PEDESTRIAN ACCESS EASEMENT SERVICE WINDOW 5' LANDSCAPE BUFFER 7.5' PROP FH 24 5 . 0 ' 10 0 . 0 ' 30.0' BUILDING SETBACK & LANDSCAPE EASEMENT APPROXIMATELY 510' TO N COLEMAN ST FDC EX . R . O . W . PROP BUILDING 17,950 SF 129 TOTAL PARKS 7,700 SF REST. (43%) 10,250 SF RETAIL (57%) 600 SF (Patio) FFE = 714.00 24.0' FADUE EX . R . O . W . EX . R . O . W . EX . R . O . W . N P R E S T O N R O A D (S T A T E H I G H W A Y 2 8 9 ) VA R I A B L E W I D T H R O W 15 ' W A T E R L I N E E S M T . V O L . 4 0 2 9 , P G . 1 8 2 0 D R C C T N88° 36' 03"W 199.58' N 3 4 ° 5 5 ' 4 7 " W 2 8 2 . 0 7 ' S67° 5 4 ' 1 0 " E 2 8 2 . 4 5 ' N0 1 ° 2 1 ' 0 8 " E 1 7 1 . 9 6 ' S88° 35' 36"E 73.27' S0 1 ° 2 4 ' 2 4 " W 2 9 9 . 3 6 ' S88° 35' 36.47"E 37.515' R30' R10'R10' R10' R30' R30' R100' R100' R30' R5' R30' R30' R20' R15' R10' R5' R30' R20' R5' R5' R5' R30' R30' R30' LEGEND GRAPHIC SCALE FEET06030 SCALE: 1"=30' Know what's below.before you dig.Call R PROPOSED FACE AND BACK OF CURB PROPOSED FIRE LANE PAVEMENT FIRE LANE STRIPING PARKING COUNT FIRE LANE ACCESS, DRAINAGE, UTILITY EASEMENT FIRELANE 1 C SHEET: Copyright 2018, Kirkman Engineering DEVELOPER/OWNER DRAWN BY: JOB NUMBER: CHECKED BY: DESIGNED BY: ISSUE DATE: REV: Texas Firm No: 15874 Kirkman Engineering, LLC VICTORYAT FRONTIER VIC17007_FrontierRetial1 07-30-2018 PROSPER, TEXAS 4821 Merlot Avenue, Suite 210 Grapevine, Texas 76051 Phone: 817-488-4960 P R E L I M I N A R Y F O R R E V I E W O N L Y THESE DOCUMENTS ARE FOR D E S I G N R E V I E W O N L Y A N D NOT INTENDED FOR THE PURPOSESOF CONSTRUCTION, BIDDING OR PERMIT. THEY WERE PREPARED BY, OR UNDER THE SUPERVISION OF: P.E.# 108864JONATHAN E. SCHINDLER DATE: August 2, 2018 EXHIBIT B: SITE PLAN C2.0 JDG JDG JES FI L E N A M E : E X H I B I T B S I T E P L A N . d w g PL O T T E D B Y : J o h n G a r d n e r PL O T T E D W I T H : D W G T o P D F . p c 3 FU L L P A T H : K : \ J o b s \ V I C 1 7 0 0 7 _ F r o n t i e r R e t a i l 1 \ D r a w i n g s \ 0 3 _ E N G R \ 0 3 - S i t e K : \ J o b s \ V I C 1 7 0 0 7 _ F r o n t i e r R e t a i l 1 \ D r a w i n g s \ 0 3 _ E N G R \ 0 3 - S i t e \ E X H I B I T B S I T E P L A N ZONING PROPOSED USE LOT AREA - ACREAGE LOT AREA - SQUARE FOOTAGE BUILDING SQUARE FOOTAGE BUILDING HEIGHT - FEET BUILDING HEIGHT - STORIES LOT COVERAGE FLOOR AREA RATIO TOTAL PARKING REQUIRED PATIO (1SP/100SF) RESTAURANT (1SP/100SF) RETAIL (1SP/250SF) TOTAL PARKING PROVIDED HANDICAP PARKING REQUIRED HANDICAP PARKING PROVIDED INTERIOR LANDSCAPING REQUIRED INTERIOR LANDSCAPING PROVIDED SQUARE FOOTAGE OF IMPERVIOUS SURFACE OPEN SPACE REQUIRED OPEN SPACE PROVIDED "PD-10" - PLANNED DEVELOPMENT RETAIL/RESTAURANT 2.47 107,770 17,950 25' 1 33.7% 0.34:1 124 6 77 41 124 6 6 1,920 SF 3,460 SF 90,911 7,540 SF 7,620 SF SITE DATA STANDARD NOTES 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. 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 GRATER 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 ACCESSABILITY SHALL CONFORM TO THE AMERICANS WIT HDISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT T BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL E 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 THE THE APPROVED FACADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIC (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 STANDERDS. 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 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. SITE MAP N.T.S. SUBJECT SITE N P R E S T O N R D FRONTIER PKWY N COLEMAN ST EXHIBIT B: SITE PLAN City Project No. S17-0005 VICTORY SHOPS AT FRONTIER ADDITION Block A, Lot 1 -2.474 Acres out of the SPENCER RICE SURVEY, ABSTRACT NO. 787, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS Preparation Date: 10/06/2017 OWNER/APPLICANT ENGINEER Victory Shops at Frontier, LLC 8001 LBJ Freeway, Suite 400 Dallas, Texas 75251 Telephone (972) 707-9555 Contact: Kris Ramji Kirkman Engineering 4821 Merlot Ave., Suite 210 Grapevine, Texas 76051 Telephone (817) 488-4960 TBPE No. 15874 Contact: Jonathan Schindler, P.E. SURVEYOR Windrose Land Surveying | Platting 220 Elm Street, Suite 200 P.O. Box 54 Lewisville Texas 75067 Telephone (972) 221-9439 Contact: Jack Barton LANDSCAPE ARCHITECT London Landscapes, LLC P.O. Box 28 Collinsville, Texas 76233 Telephone (972) 800-0676 Contact: Amy London F.A.D.U.E. DIMENSION NOTES: 1. ALL DIMENSIONS FROM FACE OF CURB UNLESS OTHERWISE NOTED. 2. ALL CURB RADII SHALL BE 3' AT FACE OF CURB UNLESS OTHERWISE NOTED. WATER METER TABLE TYPE NO. SIZE DOMESTIC 1 2" IRRIGATION 1 1" Item 7 FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANE F I R E L A N E F I R E L A N E FIRELANEFIRELANE F I R E L A N E F I R E L A N E F I R E L A N E FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELA N E F I R E L A N E F I R E L A N E F I R E L A N E F I R E L A N E R L RL 24' F.A.D.U.E.24' F.A.D.U.E. 3 0 . 0 ' B U I L D I N G S E T B A C K & L A N D S C A P E E A S E M E N T 15' SEWER EASEMENT5' LANDSCAPE BUFFER 2' PARKINGOVERHANG2' PARKINGOVERHANG 2 ' P A R K I N G O V E R H A N G 2' PARKINGOVERHANG2' PARKINGOVERHANG2' PARKINGOVERHANG 2 ' P A R K I N G O V E R H A N G 2 ' P A R K I N G O V E R H A N G 2 ' P A R K I N G O V E R H A N G 2 ' P A R K I N G O V E R H A N G 2' PARKINGOVERHANG W W W W W W W W W W W W W W WSSFHSSSSSSWWWSSSSSS SSFHWWWW W W W W W F H W W W W W W W W W W W W W FHFH F H W W W W W W W W W W W W W W WSSFHSSSSSSWWWSSSSSS SSFHWWWW W W W W W F H W W W W W W W W W W W W W FHFH F H C S H E E T : C o p y r i g h t 2 0 1 8 , K i r k m a n E n g i n e e r i n g D E V E L O P E R / O W N E R D R A W N B Y : J O B N U M B E R : C H E C K E D B Y : D E S I G N E D B Y : I S S U E D A T E : R E V : T e x a s F i r m N o : 1 5 8 7 4 K i r k m a n E n g i n e e r i n g , L L C V I C T O R Y A T F R O N T I E R R E T A I L 1 V I C 1 7 0 0 7 8 / 2 / 1 8 P R O S P E R , T E X A S 4 8 2 1 M e r l o t A v e n u e , S u i t e 2 1 0 G r a p e v i n e , T e x a s 7 6 0 5 1 P h o n e : 8 1 7 - 4 8 8 - 4 9 6 0 1 . A N " X " C U T S E T O N A C U R B I N L E T W H I C H B E A R S S 1 3 ° 4 7 ' E , 8 4 . 9 3 ' F R O M T H E S O U T H E A S T P R O P E R T Y C O R N E R . E L E V A T I O N = 7 0 8 . 1 6 ' 2 . A N " X " C U T S E T W H I C H B E A R S S 0 2 ° 3 8 ' W , 4 5 8 . 7 5 ' F R O M T H E S O U T H W E S T P R O P E R T Y C O R N E R . E L E V A T I O N = 7 0 4 . 1 4 3 . A N " X " C U T O N T H E S O U T H N O S E O F A N I S L A N D A T T H E N O R T H S I D E O F T H E C E N T E R L I N E I N T E R S E C T I O N O F F R O N T I E R P A R K W A Y W I T H P R E S T O N R O A D W H I C H B E A R S N 4 9 ° 1 3 ' E 1 7 7 . 4 7 ' F R O M T H E N O R T H E R N M O S T C O R N E R O F A C O R N E R C L I P . E L E V A T I O N = 7 3 0 . 0 4 ' H I O STE M C C T T E S A A E T S T A IREG 1 2 O F 9 7 E T X R L D R E C A A N D S E P A N N O L D S . Y 8 / 2 / 1 8 P . O . B O X 2 8 C O L L I N S V I L L E , T E X A S 7 6 2 3 3 W W W . L O N D O N - L A N D S C A P E S . N E T A S L A S L A S L K E Y T R E E S S H R U B S G R O U N D C O V E R A M I N I M U M 1 0 % O F P L A T T E D A R E A T O B E L A N D S C A P E D P R O V I D E D L A N D S C A P E A R E A : 2 , 6 0 0 S Y 3 0 ' L A N D S C A P E B U F F E R A L O N G P R E S T O N R O A D M E A S U R E D F R O M T H E P R O P E R T Y L I N E · R E Q U I R E D : 1 C A N O P Y T R E E F O R E V E R Y 3 0 L I N E A R F E E T 3 0 0 L F / 3 0 = 1 0 T R E E S · P R O V I D E D : 1 0 T R E E S · R E Q U I R E D : A M I N I M U M O F 1 5 S H R U B S W I T H A M I N I M U M S I Z E O F F I V E ( 5 ) G A L L O N S E A C H W I L L B E P L A N T E D I N T H E L A N D S C A P E A R E A F O R E V E R Y 3 0 L I N E A R F E E T O F F R O N T A G E 3 0 0 L F / 3 0 = 1 0 X 1 5 S H R U B S = 1 5 0 S H R U B S · P R O V I D E D : 1 5 0 S H R U B S 5 ' L A N D S C A P E B U F F E R A R O U N D T H E P E R I M E T E R S O F T H E P R O P E R T Y · R E Q U I R E D : O N E S M A L L T R E E A N D O N E F I V E - G A L L O N S H R U B S H A L L B E P L A N T E D E V E R Y 1 5 L I N E A R F E E T . 6 8 7 L F / 1 5 = 4 5 T R E E S A N D 4 5 S H R U B S · P R O V I D E D : 5 9 T R E E S A N D 9 0 S H R U B S I N T E R I O R P A R K I N G L A N D S C A P I N G ( A L L R E Q U I R E D A N D P R O V I D E D ) · R E Q U I R E D : 1 5 S Q . F T . O F L A N D S C A P I N G F O R E A C H P A R K I N G S P A C E S H A L L B E P R O V I D E D W I T H I N T H E P A V E D B O U N D A R I E S O F T H E P A R K I N G L O T A R E A . · P R O V I D E D : Y E S · R E Q U I R E D : L A N D S C A P E I S L A N D ( 1 6 0 S F & N O L E S S T H A N 9 ' W I D E A N D A N E Q U A L L E N G T H T O T H E A B U T T I N G P A R K I N G S P A C E ) A T T H E E N D O F E V E R Y P A R K I N G R O W W I T H A C A N O P Y T R E E · P R O V I D E D : Y E S · R E Q U I R E D : E V E R Y 1 5 P A R K I N G S P A C E S M U S T B E I N T E R R U P T E D B Y A L A N D S C A P E I S L A N D · P R O V I D E D : Y E S · R E Q U I R E D : A C A N O P Y T R E E W I T H I N 1 5 0 F E E T O F E V E R Y P A R K I N G S P A C E · P R O V I D E D : Y E S A L L U S E S C O N T A I N I N G A D R I V E - I N O R D R I V E T H R U S H A L L B E S U B J E C T T O T H E F O L L O W I N G S T A N D A R D S · R E Q U I R E D : L A N D S C A P E I S L A N D S H A L L C O N T A I N E V E R G R E E N O R D E C I D U O U S T R E E S ( 3 ” C A L I P E R ) E V E R Y 1 5 ' O N C E N T E R W I T H S H R U B S ( M I N I M U M 5 G A L L O N ) E V E R Y 3 ' O N C E N T E R 1 5 3 L F / 1 5 = 1 0 T R E E S 1 5 3 L F / 3 = 5 1 S H R U B S · P R O V I D E D : 1 0 T R E E S A N D 1 2 9 S H R U B S L A N D S C A P E C A L C U L A T I O N S 0 G R A P H I C S C A L E ( I N F E E T ) 1 I N C H = F E E T 3 0 6 0 3 0 3 0 IRRIGATION NOTE E X H I B I T C L A N D S C A P E P L A N L 1 . 0 0 B E N C H M A R K S TREE MITIGATION NOTE: I t e m 7 B1PT1WDSIGNAGE 76'-3"TOP OF TOWERELEV - 25'-7"TOP OF PARAPETELEV - 22'-0"TOP OF LOW PARAPETELEV - 20'-6"TOP OF DECKELEV - 18'-0"BOTTOM OF CANOPYELEV - 10'-4"TOP OF SLABELEV - 0'-0"SF B2PT1SIGNAGESFSTPT1 G L 1 6 4 ' - 2 " B 1 PT1 P T 1 W D WD S F S T S I G N A G E S F S T B 1 P T 1 P T 1 W D 7 6 ' - 3 " B 2 S F S F S T S F ST B 2 PT1 P T 1 PT1 G L P T 1 S F SIG N A G E SIGNAGE PT1 1 2 6 ' - 9 1 / 4 " TOP OF TOWERELEV - 25'-7"TOP OF PARAPETELEV - 22'-0"TOP OF LOW PARAPETELEV - 20'-6"TOP OF DECKELEV - 18'-0"BOTTOM OF CANOPYELEV - 10'-4"TOP OF SLABELEV - 0'-0" S T B 1 P T 1 6 1 ' - 5 1 / 4 " B 2 S F S F S F P T 1 P T 1 ST B1 PT1 99'-2"TOP OF PARAPETELEV - 22'-0"TOP OF DECKELEV - 18'-0"TOP OF SLABELEV - 0'-0" S F P T 1 S T S F B 2 W D P T 1 T E X A S L I M E S T O N E S T O R E F R O N T A L U M I N U M - C L E A R A N O D I Z E D B R I C K 2 - M A N G A N E S E I R O N S P O T W O O D R A I N S C R E E N - I P E S W 7 0 7 4 S O F T W A R E B 1 B R I C K 1 - S M O K E Y M O U N T A I N G L S T O R E F R O N T G L A Z I N G - S N X 5 1 / 2 3 E L E V A T I O N A R E A S T o t a l G l a z i n g / D o o r s N e t M A T E R I A L S S T B R W D A L F r o n t ( E a s t ) 3 , 6 1 9 S F F r o n t ( N o r t h e a s t ) B a c k ( W e s t ) B a c k ( W e s t ) S o u t h ( S o u t h ) S o u t h w e s t ( S o u t h w e s t ) 3 , 4 3 8 S F 1 , 7 2 5 S F 2 , 0 4 1 S F 1 , 2 5 5 S F 1 , 7 3 6 S F 7 8 5 S F 1 2 9 9 S F 1 2 3 8 S F 2 1 5 S F 2 6 S F 2 6 S F 2 1 5 S F 1 8 4 S F 1 1 2 0 S F 1 0 7 S F 1 3 S F 6 4 9 S F 1 2 3 1 S F 0 S F 0 S F 3 2 0 S F 9 0 7 S F 1 4 5 S F 1 3 S F 4 0 0 S F 6 3 2 S F 0 S F 0 S F 1 6 8 S F 1 0 9 6 S F 1 2 6 S F 9 4 1 S F 0 S F 2 7 5 S F 0 S F 3 0 1 S F 1 4 4 S F 1 4 9 S F 9 6 S F 2 1 6 S F 3 3 % 5 5 % 9 % 1 % 3 6 % 5 2 % 9 % 1 % 1 3 % 7 7 % 8 % 1 % 3 5 % 6 5 % 0 % 0 % 2 5 % 6 5 % 9 % 1 % 3 9 % 6 1 % 0 % 0 % 2 , 3 5 5 S F 2 , 3 7 1 S F 1 , 4 6 1 S F 1 , 8 9 2 S F 1 , 3 8 5 S F 1 , 0 3 9 S F 8 6 2 S F 1 3 ' - 8 " 1 1 ' - 0 " 8'-0" 8'-0" 1 3 ' - 8 " 1 1 ' - 0 " 8'-0" 8'-0" P T 1 P A I N T E D M E T A L E L E V A T I O N S A 4 # D e s c r i p t i o n D a t e 11/8" = 1'-0"EAST ELEVATION (FRONT) 3 3 / 3 2 " = 1 ' - 0 " S O U T H E L E V A T I O N 1 23/32" = 1'-0"WEST ELEVATION 2 43/32" = 1'-0"NORTH ELEVATION (FRONT) 63/32" = 1'-0"WEST ELEVATION 1 5 3 / 3 2 " = 1 ' - 0 " S O U T H E L E V A T I O N 2 7 N T S M A T E R I A L L E G E N D A R C H I T E C T : T Y P E - S I X D E S I G N H A Y E S H I N K L E 8 1 7 - 6 9 0 - 2 1 9 5 h a y e s . h i n k l e @ t y p e - s i x . c o m C I V I L : K I R K M A N E N G I N E E R I N G , S H E A K I R K M A N 8 1 7 - 4 8 8 - 4 9 6 0 s h e a . k i r k m a n @ t r u s t k g . c o m V I C T O R Y A T F R O N T I E R # 1 L o t B l o c k T O W N P R O J E C T # S 1 7 - 0 0 0 5 T h i s f a c a d e p l a n i s f o r c o n c e p t u a l p u r p o s e s o n l y . A l l b u i l d i n g p l a n s r e q u i r e r e v i e w a n d a p p r o v a l f r o m t h e b u i l d i n g I n s p e c t i o n s D e p a r t m e n t . A l l m e c h a n i c a l e q u i p m e n t s h a l l b e s c r e e n e d f r o m p u b l i c v i e w . R o o f t o p m o u n t e d e q u i p m e n t s h a l l b e s c r e e n e d b y a p a r a p e t w a l l o r s c r e e n i n g w a l l . S c r e e n i n g w a l l s s h a l l m e e t t h e s p e c i f i c a t i o n s o f t h e z o n i n g o r d i n a n c e . W h e n p e r m i t t e d , e x p o s e d u t i l i t y b o x e s a n d c o n d u i t s s h a l l b e p a i n t e d t o m a t c h b u i l d i n g . A l l s i g n a g e a r e a s a n d l o c a t i o n s a r e s u b j e c t t o a p p r o v a l b y t h e B u i l d i n g I n s p e c t i o n s D e p a r t m e n t . W i n d o w s s h a l l h a v e a m a x i m u m e x t e r i o r r e f l e c t i v i t y o f t e n ( 1 0 ) p e r c e n t . A n y d e v i a t i o n f r o m t h e a p p r o v e d F a c a d e p l a n w i l l r e q u i r e r e a p p r o v a l b y t h e T o w n . O W N E R : V I C T O R Y R E A L E S T A T E G R O U P , K R I S R A M J I 9 7 2 - 7 0 7 - 9 5 5 5 k r i s @ v i c t o r y r e a l s t a t e g r o u p . c o m 7 N T S D U M P S T E R E L E V A T I O N S S H E E T N U M B E R X X _ X X _ 2 0 1 8 R E V I S I O N S S H E E T N A M E I S S U E D A T E 1 _ 0 4 _ 2 0 1 8 V_1702 I S S U E D F O R R e v i e w A R C H I T E C T D . H A Y E S H I N K L E T Y P E - S I X D E S I G N A N D D E V E L O P M E N T S E R V I C E S 3 0 0 E . A B R A M S T . # 1 5 0 A R L I N G T O N , T X 7 6 0 1 0 P R O J E C T M A N A G E R h a y e s . h i n k l e @ t y p e - s i x . c o m 8 1 7 - 6 9 0 - 2 1 9 5 VICTORY AT FRONTIER BUILDING 1 VICTORY GROUP I t e m 7 Page 1 of 4 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone a portion of Planned Development-40 (PD-40) to Planned Development-Retail (PD-R), on 25.3± acres, located on the northeast corner of US 380 and Windsong Parkway, to facilitate the development of the Cook Children’s Medical Center. (Z18-0004). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-40- Mixed Use Undeveloped US 380 District North Planned Development-40- Mixed Use and Specific Use-15 House of Worship (St. Martin de Porres) US 380 District East Planned Development-40- Mixed Use House of Worship (St. Martin de Porres) US 380 District South City of Frisco Vacant City of Frisco West Planned Development-40- Mixed Use Windsong Ranch Marketplace US 380 District The purpose of the proposed PD amendment is to rezone a portion of PD-40 to create a new Planned Development (PD) to allow for the development of Cook Children’s Medical Center. As shown on Exhibit D, the Medical Center is proposed to consist of; a 128,000 square-foot Hospital; a 15,330 square-foot Urgent Care and Primary Care Center; a 26,000 square-foot Ambulatory Surgery Center; a 67,000 square-foot Medical Office Building; an 11,000 square- foot Outpatient Imaging and Data Center; a Helistop; and a 100-space parking garage. Parking Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 4 is provided as required by the Zoning Ordinance, with 408 parking spaces in the initial phase. The project will be divided into a number of phases with the first phase consisting of the Urgent Care and Primary Care Center, the Ambulatory Surgery Center, the Medical Office building, the Outpatient Imaging and Data Center, and the Helistop. The Hospital and parking garage will be constructed in future phases. The base zoning for the proposed PD is the Retail (R) District, with modifications proposed to the permitted uses, building height, and architectural standards. Details regarding each of the proposed amendments are outlined below. • Land Uses – All uses currently permitted in the Retail District would be permitted, with the exception that a Helistop would be an additional permitted use by right, without the requirement for a Specific Use Permit (SUP). The Helistop is proposed to be located on the north side of the building and will meet all Federal Aviation Administration (FAA) regulations. The property adjacent to the north is a combination of floodplain and open space owned by the St. Martin de Porres Catholic Church. The church is planning to use this area for ball fields. The applicant has indicated that the helistop will only be used on an as-needed basis and will not be used regularly. Helistops are typically associated with hospital uses, and staff believes this request is reasonable. • Building Height – The Retail District allows for a maximum building height of forty feet (40’). The proposed PD would allow a maximum building height of 75 feet and allow for unoccupied areas such as architectural features or parapets. The tallest structure shown on Exhibit F is 67 feet at the peak of the highest roof. • Architecture – Exhibit F illustrates the proposed building facades with the primary building materials being manufactured and cast stone and brick. Originally stucco was to be used as an accent material on upper floors and for screening of roof top HVAC equipment. Since the Planning & Zoning Commission meeting the applicant has revised the elevations and replaced the stucco on the building facades with brick. Stucco is still being utilized for the roof top HVAC screening. The façade drawings approved by the Planning & Zoning Commission are attached for your reference. The applicant is proposing to utilize blue and green metal roofs with blue window mullions as the Cook Children’s Medical Center “corporate branding.” The proposed PD would allow for the following specific deviations to the architectural standards: o The Retail District permits stucco as a secondary building material, which is limited to ten percent (10%) of an elevation. The proposed PD allows for up to 22% stucco per elevation; o The façade drawings shall serve as the basis for architectural articulation, wall projections, and building lengths; and o Blue and green metal roofs and blue window mullions would be permitted as primary building colors. Exhibit G shows the proposed landscaping improvements. Ground-mounted equipment and trash facilities will be screened with masonry walls in combination with landscaping. The proposed landscaping complies with the requirements of the Zoning Ordinance. Representatives of Cook Children’s Medical Center met with the developers of Windsong Ranch, as well as hosted a meeting at St. Martin de Porres in mid-May for the residents and developers of Windsong Ranch. According to the Windsong Ranch representatives, approximately 35 residents attended and viewed the proposed development exhibits and Item 8 Page 3 of 4 inquired about building heights, traffic, services to be offered, and Helistop operations. They indicated that in general there was support for the project including the Helistop. Town staff believes the proposed modifications to the Retail District standards to allow for the development of Cook Children’s Medical Center are appropriate and recommends approval of the request. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property; the proposed amendment conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to US 380, a six-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services are directly adjacent to the property. Access – The property currently has access from US 380 and Windsong Parkway. Adequate access is provided to the property. Schools – This property is served by the Prosper Independent School District. It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – No 100-year floodplain exists on the property. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. Town staff has not received any Public Hearing Notice Reply Forms. Attached Documents: 1. Location and Zoning Maps 2. Proposed PD Exhibits A, B, C, D, E, F, and G 3. Planning & Zoning Commission Approved Exhibit F Executive Development Team (EDT) Recommendation: The EDT considered the proposed development at their June 12, 2018, meeting, and recommended a reduction in the use of stucco, and additional brick or stone elements be incorporated into the elevations. The elevations included in the proposed PD reflect the recommendations of the EDT. Planning & Zoning Commission Recommendation: At their July 17, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request by a vote of 6-0, as submitted by the applicant. Also noted above, since the Planning & Zoning Commission meeting the applicant has revised the elevations and replaced the stucco on the building facades with brick. Stucco is still being utilized for the roof top HVAC screening. The façade drawings approved by the Planning & Zoning Commission are attached for your reference. Item 8 Page 4 of 4 Town Staff Recommendation: Town staff recommends the Town Council approve the rezoning request. Proposed Motion: I move to approve a request to rezone a portion of Planned Development-40 (PD-40) to Planned Development-Retail (PD-R), on 25.3± acres, located on the northeast corner of US 380 and Windsong Parkway. Item 8 US HIGHWAY 380 WI N D S O N G P K W Y PEQUIN DR BLUE S T E M D R Z18-0004 ±0 180 360 54090 Feet Item 8 US HIGHWAY 380 WI N D S O N G P K W Y PEQUIN DR BLUE S T E M D R Z18-0004 PD-40 PD-40 PD-40PD-40 M SF THSF ±0 180 360 54090 Feet Item 8 Item 8 EXHIBIT "B" Statement of Intent and Purpose The property will be developed for a Primary Care Center, an Urgent Care Center, a Medical Office Building, an Ambulatory Surgery Center, a helistop, an Outpatient Imaging facility, a Data Center, a future Hospital, future outpatient services, and ancillary related uses such as wellness facilities and a parking garage. Item 8 EXHIBIT "C" Development Standards The base zoning district for this PD is the “R” Retail District. The development regulations and permitted uses for the Retail District shall regulate the development of the property, except as provided in this exhibit. Except as otherwise set forth in these Development Standards, the regulations of the Town's Zoning Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and Subdivision Ordinance (Ordinance No. 17-41 as it currently exists or may be amended) shall apply. Building Height: Buildings shall be a maximum of five (5) stories, not to exceed seventy-five (75) feet in height. Additional height is necessary in medical office buildings for each floor to accommodate medical equipment. Seventy-five (75) feet in height will provide adequate height to allow five (5) stories at fifteen (15) feet each. Ornamental features may exceed the maximum building height provided that the ornamental feature does not contain floor area. Ornamental features include, but are not limited to, architectural features, parapets, mechanical equipment, and chimneys. Permitted Uses: All of the permitted uses in the “R” Retail District shall be allowed with the same provisions and restrictions including uses permitted by Specific Use Permit (SUP) and Conditional Uses (C). In addition, a Helistop shall be a permitted use without the requirement for a Specific Use Permit. Customized Architectural Standards: Section 8.2 of the Town of Prosper Zoning Ordinance regulating the Exterior Appearance of Buildings and Structures shall be complied with except for the following: A. Permitted primary exterior materials shall include stucco. B. The architectural façade drawings for the buildings shall be the basis for the architectural articulation (both horizontal and vertical), wall projections and building lengths permitted within this planned development. C. The Cook Children’s Medical Center signature blue standing-seam metal roofs and secondary green standing-seam metal roofs, and blue window mullions shall be allowed in this PD to compliment the neutrals, creams, and other non-reflective earth tone colors of the building. The following provisions shall apply within this Planned Development. • The existing Windsong Community Entry monument signage, landscaping, and lighting shall be permitted and preserved as it exists. Item 8 • All surface parking lots shall have a landscape median strip with a minimum width of 6 feet incorporated into the parking lot design to separate the parking area and drive aisle with direct connection to the street. One (1) tree shall be planted for every 35 linear feet of median. Item 8 ( IN FEET ) 0 30 120 1 inch= 60 ft. 6060 GRAPHIC SCALE PRELIMINARY FOR REVIEW ONLY THESE DOCUMENTS ARE FOR DESIGN REVIEW AND NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. THEY WERE PREPARED BY, OR UNDER THE SUPERVISION OF: P.E.# 124970 JUSTIN T. WELLS DATE: 05/07/2018 SITE LEGEND SHEET NO. PL O T D A T E : EXHIBIT D 07/03/2018 ISSUE © 2018 HKS, INC. NO. DESCRIPTION DATE PD TE M P L A T E V E R S I O N : KEY PLAN HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S REVISION HKS PROJECT NUMBER DATE SHEET TITLE PL O T D A T E : C1.0© 2018 HKS, INC. TE M P L A T E V E R S I O N : HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 DUNAWAY ASSOCIATES, TX REG. FIRM F-1114 FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER / LANDSCAPE ARCHITECT 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S VICINITY MAP PROPERTY BOUNDARY YARD SETBACK EASEMENT FIRE LANE 15 PARKING COUNT BARRIER FREE RAMPBFR PROP. FIRE HYDRANT PROP. SEWER MH BACK OF CURBBOC FRONT OF CURBFOC PROPERTY LINE⅊ PROP. CURB - PHASE 1 PROP. CURB - FUTURE PHASE FIRE DEPARTMENT CONNECTIONFDC PROP. CURB INLET PROP. GRATE INLET ∆ 23.65 ACRESMEDICAL OFFICE BUILDING67,500 SF 1212 10 6 8 3 107 99 5 5 8 10 1212 1211 98 10 2 8 5 15 11 10 315 12 12 7 12 9 15 12 11 11 12 15 12 6 8 6 5 15 13 15 15 8 15 14 URGENT CARE CENTER10,330 SF PRIMARY CARE 5,000 SF AMBULATORY SURGERYCENTER 26,000 SF FUTURE HOSPITAL 110,600 SF FUTURE HOSPITAL EXPANSION 17,400 SF FUTURE AMBULANCE ENTRANCE 2 2 3 2 FUTURE PARKING GARAGE100 SPACES OP IMAGING PLUS DATA CENTER11,000 SF UNIVERSITY DRIVE (US 380) W I N D S O N G P A R K W A Y PROJECT SITE Item 8 EXHIBIT "E" Development Schedule The anticipated schedule of development and approximate square footages of the uses and buildings are: • Phase 1: The initial phase will consist of one building with a Primary Care Center (5,000 square feet) and a Urgent Care Center (10,330 square feet) and a second building with an Ambulatory Surgery Center (26,000 square feet), Medical Offices (67,500 square feet), Outpatient Imaging (10,000 square feet) and a Data Center (1,000 square feet) within the next two (2) years. • Phase 2: An 110,600 square foot hospital and a 100 space parking garage within the next five (5) years. • Phase 3: A 17,400 square foot hospital addition within the next twelve (12) years. The development schedule, uses, and square footages are subject to change due to various factors beyond the control of the developer, such as market conditions, construction materials and labor availability and acts of nature, among others. Item 8 • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department. • All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance. • When permitted, exposed utility boxes and conduits shall be painted to match the building. • All signage areas and locations are subject to approval by the Building Inspections Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. • Any deviation from the approved Facade Plan will require reapproval by the Town. I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes. are not intended for regulatory approval, are released for interim review only and These documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. PL O T D A T E : ISSUE © 2018 HKS, INC. TE M P L A T E V E R S I O N : KEY PLAN XXXXXX XXXX XX/XX/XXXX HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER/ LANDSCAPE ARCHITECT 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR DESIGNER 1263 W. ROSEDALE STREET, SUITE 101 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 202 NO R T H C A M P U S MO B / O P I M A G I N G EXECUTIVE ARCHITECT & PEDIATRIC HEALTHCARE DESIGNER WASHINGTON, D.C. 20036 1707 L ST. NW, SUITE #400 DESIGN ARCHITECT DAVID M. SCHWARZ ARCHITECTS, INC 8/ 3 / 2 0 1 8 8 : 5 7 : 2 8 A M SP1.00 EXTERIOR ELEVATIONS 08/03/18 21151.002 EXHIBIT F 3. 0 . 0 . 2 0 1 7 0 6 2 3 1/16" = 1'-0"01 SOUTH ELEVATION - MEDICAL OFFICE BUILDING/ASC 1/16" = 1'-0"02 WEST ELEVATION - MEDICAL OFFICE BUILDING/ASC 03 PERSPECTIVE - SOUTHWEST CORNER MEDICAL OFFICE BUILDING/ASC TOTAL MANUF. STONE 3,008 49% TOTAL BRICK 3,187 51% MANUF. STONE 01 3,008 49% BRICK 02 1,611 26% BRICK 01 1,576 25% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 8,043 SF 100% TOTAL GLAZING 1,848 SF 23% TOTAL SOLID 6,195 SF 77% MOB/ASC WEST TOTAL MANUF. STONE 4,133 44% TOTAL BRICK 5,158 56% MANUF. STONE 01 4,133 44% BRICK 02 2,757 30% BRICK 01 2,401 26% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 12,010 SF 100% TOTAL GLAZING 2,719 SF 23% TOTAL SOLID 9,291 SF 77% MOB/ASC SOUTH COOK CHILDREN'S EXISTING CAMPUS FOR REFERENCE EXTERIOR MATERIALS NO. DESCRIPTION DATE Level 1 100' - 0" Level 2 116' - 0" Level 3 130' - 0" Roof 144' - 0" Penthouse 154' - 0" 11109 87654321 CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 12 ' - 0 " AT M A I N S T . O N L Y STANDING SEAM METAL ROOF - BLUE STUCCO 01 STANDING SEAM METAL ROOF - BLUE BRICK 01 MANUFACTURED STONE BRICK 02 MANUFACTURED STONE BRICK 01 MANUFACTURED STONE STUCCO 01 Level 1 100' - 0" Level 2 116' - 0" Level 3 130' - 0" Roof 144' - 0" Penthouse 154' - 0" CDEFGH JKL CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " BRICK 01 MANUFACTURED STONE BRICK 02 BRICK 01 MANUFACTURED STONE STANDING SEAM METAL ROOF - GREEN MATERIAL LEGEND MANUFACTURED STONE BRICK 01 BRICK 02 STUCCO 01 - TO MATCH BRICK 01 • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department. • All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance. • When permitted, exposed utility boxes and conduits shall be painted to match the building. • All signage areas and locations are subject to approval by the Building Inspections Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. • Any deviation from the approved Facade Plan will require reapproval by the Town. TOTAL STUCCO 1,348 18% TOTAL MANUF. STONE 3,008 40% TOTAL BRICK 3,187 42% STUCCO 01 1,348 18% MANUF. STONE 01 3,008 40% BRICK 02 1,611 21% BRICK 01 1,586 21% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 9,401 SF 100% TOTAL GLAZING 1,848 SF 20% TOTAL SOLID 7,553 SF 80% MOB/ASC WEST TOTAL STUCCO 2,708 22% TOTAL MANUF. STONE 4,233 35% TOTAL BRICK 5,096 43% STUCCO 01 2,708 22% MANUF. STONE 01 4,233 35% BRICK 02 2,634 22% BRICK 01 2,462 20% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 14,765 SF 100% TOTAL GLAZING 2,728 SF 18% TOTAL SOLID 12,037 SF 82% MOB/ASC SOUTH EXTERIOR MATERIALS Item 8 • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department. • All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance. • When permitted, exposed utility boxes and conduits shall be painted to match the building. • All signage areas and locations are subject to approval by the Building Inspections Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. • Any deviation from the approved Facade Plan will require reapproval by the Town. I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes. are not intended for regulatory approval, are released for interim review only and These documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. PL O T D A T E : ISSUE © 2018 HKS, INC. TE M P L A T E V E R S I O N : KEY PLAN HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 XXXXXX XXXX XX/XX/XXXX DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S OU T P A T I E N T F A C I L I T Y 8/ 3 / 2 0 1 8 8 : 5 7 : 3 3 A M SP1.01 EXTERIOR ELEVATIONS 08/03/18 21151.002 EXHIBIT F 3. 0 . 0 . 2 0 1 7 0 6 2 3 NO. DESCRIPTION DATE 1/16" = 1'-0"01 NORTH ELEVATION - MEDICAL OFFICE BUILDING/ASC 1/16" = 1'-0"02 EAST ELEVATION - MEDICAL OFFICE BUILDING/ASC 03 PERSPECTIVE - NORTHEAST CORNER MEDICAL OFFICE BUILDING/ASC COOK CHILDREN'S EXISTING CAMPUS FOR REFERENCE EXTERIOR MATERIALS TOTAL MANUF. STONE 3,066 43% TOTAL BRICK 4,060 57% MANUF. STONE 01 3,066 43% BRICK 02 1,729 24% BRICK 01 2,331 33% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 8,145 SF 100% TOTAL GLAZING 1,019 SF 13% TOTAL SOLID 7,126 SF 87% MOB/ASC EAST TOTAL MANUF. STONE 2,808 44% TOTAL BRICK 5,457 56% MANUF. STONE 01 2,808 44% BRICK 02 2,731 28% BRICK 01 2,726 28% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 12,007 SF 100% TOTAL GLAZING 2,182 SF 18% TOTAL SOLID 9,825 SF 82% MOB/ASC NORTH Level 1 100' - 0" Level 2 116' - 0" Level 3 130' - 0" Roof 144' - 0" Penthouse 154' - 0" 11 10 9 8 7 6 5 4 3 2 1 CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " Level 1 100' - 0" Level 2 116' - 0" Level 3 130' - 0" Roof 144' - 0" Penthouse 154' - 0" D E F G H J K L CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " CE I L I N G H E I G H T 10 ' - 0 " STUCCO 01 BRICK 01 MANUFACTURED STONE BRICK 02 STUCCO 01 BRICK 01 BRICK 02 MANUFACTURED STONE MATERIAL LEGEND MANUFACTURED STONE BRICK 01 BRICK 02 STUCCO 01 - TO MATCH BRICK 01 • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department. • All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance. • When permitted, exposed utility boxes and conduits shall be painted to match the building. • All signage areas and locations are subject to approval by the Building Inspections Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. • Any deviation from the approved Facade Plan will require reapproval by the Town. EXTERIOR MATERIALS TOTAL STUCCO 1,348 16% TOTAL MANUF. STONE 3,107 37% TOTAL BRICK 3,956 47% STUCCO 01 1,348 16% MANUF. STONE 01 3,107 37% BRICK 02 1,662 20% BRICK 01 2,294 27% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 9,811 SF 100% TOTAL GLAZING 1,400 SF 14% TOTAL SOLID 8,411 SF 86% MOB/ASC EAST TOTAL STUCCO 2,708 21% TOTAL MANUF. STONE 4,409 34% TOTAL BRICK 5,836 45% STUCCO 01 2,708 21% MANUF. STONE 01 4,409 34% BRICK 02 2,998 23% BRICK 01 2,838 22% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 15,272 SF 100% TOTAL GLAZING 2,319 SF 15% TOTAL SOLID 12,953 SF 85% MOB/ASC NORTH Item 8 I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes.are not intended for regulatory approval,are released for interim review only andThese documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. P L O T D A T E : ISSUE © 2018 HKS, INC. T E M P L A T E V E R S I O N : KEY PLANHKS, INC.FORT WORTH, TX 76102ARCHITECT 1000 MACON STREET, SUITE 150 XXXXXX XXXX XX/XX/XXXXDUNAWAY ASSOCIATES FORT WORTH, TX 76107STRUCTURAL / CIVIL ENGINEER/ LANDSCAPE ARCHITECT 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR)DALLAS, TX 75201MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104INTERIOR DESIGNER 1263 W. ROSEDALE STREET, SUITE 101 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340LINBECKFORT WORTH, TX 76104CONTRACTOR1263 W. ROSEDALE STREET, SUITE 202 NORTH CAMPUS UCC / PCEXECUTIVE ARCHITECT & PEDIATRIC HEALTHCARE DESIGNER WASHINGTON, D.C. 200361707 L ST. NW, SUITE #400DESIGN ARCHITECT DAVID M. SCHWARZ ARCHITECTS, INC 8 / 3 / 2 0 1 8 8 : 5 7 : 3 6 A M SP1.02EXTERIORELEVATIONS08/03/1821151.002 EXHIBIT F 3 . 0 . 0 . 2 0 1 7 0 6 2 3 1/ 1 6 " = 1 ' - 0 " 01 EA S T E L E V A T I O N - U C C / P R I M A R Y C A R E 1/ 1 6 " = 1 ' - 0 " 02 NO R T H E L E V A T I O N - U C C / P R I M A R Y C A R E 1/ 1 6 " = 1 ' - 0 " 03 WE S T E L E V A T I O N - U C C / P R I M A R Y C A R E 1/ 1 6 " = 1 ' - 0 " 04 SO U T H E L E V A T I O N - U C C / P R I M A R Y C A R E 05 PE R S P E C T I V E - S O U T H E A S T C O R N E R U C C / P C 06 PE R S P E C T I V E - N O R T H W E S T C O R N E R U C C / P C CO O K C H I L D R E N ' S E X I S T I N G C A M P U S F O R R E F E R E N C E EXTERIOR MATERIALS NO. D E S C R I P T I O N D A T E Le v e l 1 10 0 ' - 0 " Le v e l 2 11 6 ' - 0 " 2. 1 3. 1 4. 1 5. 1 1. 1 C E I L I N G H E I G H T 1 0 ' - 0 " Le v e l 1 10 0 ' - 0 " Le v e l 2 11 6 ' - 0 " D. 1 E. 1 F. 1 G. 1 H. 1 J. 1 C E I L I N G H E I G H T 1 0 ' - 0 " Le v e l 1 10 0 ' - 0 " Le v e l 2 11 6 ' - 0 " 2. 1 3. 1 4. 1 5. 1 1. 1 C E I L I N G H E I G H T 1 0 ' - 0 " Le v e l 1 10 0 ' - 0 " Le v e l 2 11 6 ' - 0 " D. 1 E. 1 F. 1 G. 1 H. 1 J. 1 C E I L I N G H E I G H T 1 0 ' - 0 " C E I L I N G H E I G H T 1 2 ' - 0 " A T L O B B Y O N L Y HE A S T MA T E R I A L L E G E N D MA N U F A C T U R E D S T O N E BR I C K 0 1 BR I C K 0 2 ST U C C O 0 1 - T O M A T C H BR I C K 0 1 ST A N D I N G S E A M M E T A L RO O F - B L U E BR I C K 0 1 MA N U F A C T U R E D ST O N E ST U C C O 0 1 BR I C K 0 1 MA N U F A C T U R E D ST O N E BR I C K 0 1 MA N U F A C T U R E D ST O N E BR I C K 0 1 MA N U F A C T U R E D ST O N E TOTAL SOLID 2,213 SF 90%TOTAL GLAZING 237 SF 10%TOTAL AREA 2,450 SF 100%MATERIAL AREA (SF)PERCENTAGE OF SOLID FAÇADE BRICK 01 942 43%MANUF. STONE 01 1,271 57%TOTAL SOLID 2,396 SF 81%TOTAL GLAZING 560 SF 19%TOTAL AREA 2,956 SF 100%MATERIAL AREA (SF)PERCENTAGE OF SOLID FAÇADE BRICK 01 1,120 47%MANUF. STONE 01 1,276 53%TOTAL SOLID 2,225 SF 91%TOTAL GLAZING 225 SF 9%TOTAL AREA 2,450 SF 100%MATERIAL AREA (SF)PERCENTAGE OF SOLID FAÇADE BRICK 01 942 42%MANUF. STONE 01 1,283 58%TOTAL SOLID 2,306 SF 87%TOTAL GLAZING 353 SF 13%TOTAL AREA 2,659 SF 100%MATERIAL AREA (SF)PERCENTAGE OF SOLID FAÇADE BRICK 01 1,154 50%MANUF. STONE 01 1,152 50%UCC/PCC NORTH UCC/PCC EAST UCC/PCC SOUTH UCC/PCC WEST • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department.• All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted to match the building.• All signage areas and locations are subject to approval by the Building Inspections Department.• Windows shall have a maximum exterior visible reflectivity of ten (10) percent.• Any deviation from the approved Facade Plan will require reapproval by the Town.• This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department.• All mechanical equipment shall be screened from public view. Rooftop mounted equipment shall be screened by a parapet wall or screening wall. Screening walls shall meet the specifications of the Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted to match the building.• All signage areas and locations are subject to approval by the Building Inspections Department.• Windows shall have a maximum exterior visible reflectivity of ten (10) percent.• Any deviation from the approved Facade Plan will require reapproval by the Town.STUCCO 01 5 60 19%BRICK 01 1 ,120 38%MANUF. STONE 01 1 , 2 7 6 4 3%MATERIAL A R E A ( S F ) P ERCENTAGE OF SOLID FACADETOTAL AREA 3 ,516 SF 100%TOTAL GLAZING 5 6 0 S F 1 6%TOTAL SOLID 2 , 9 5 6 S F 8 4%UCC/PC EASTSTUCCO 01 6 10 22%BRICK 01 9 42 33%MANUF. STONE 01 1 , 2 7 1 4 5%MATERIAL A R E A ( S F ) P ERCENTAGE OF SOLID FACADETOTAL AREA 3 ,060 SF 100%TOTAL GLAZING 2 3 7 S F 8 %TOTAL SOLID 2 , 8 2 3 S F 9 2%UCC/PC NORTHSTUCCO 01 6 60 22%BRICK 01 1 ,154 39%MANUF. STONE 01 1 , 1 5 2 3 9%MATERIAL A R E A ( S F ) P ERCENTAGE OF SOLID FACADETOTAL AREA 3 ,319 SF 100%TOTAL GLAZING 3 5 3 S F 1 1%TOTAL SOLID 2 , 9 6 6 S F 8 9%UCC/PC WESTSTUCCO 01 6 10 22%BRICK 01 9 42 33%MANUF. STONE 01 1,283 4 5%MATERIAL AREA (SF)P ERCENTAGE OF SOLID FACADETOTAL AREA 3 ,060 SF 100%TOTAL GLAZING 225 SF 7 %TOTAL SOLID 2,835 SF 9 3%UCC/PC SOUTHEXTERIOR MATERIALSItem 8 I t e m 8 I t e m 8 LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" ROOF 144' - 0" TOP OF PARAPET 148' - 0" TOP OF SCREEN WALL 154' - 0" 6' - 0 " 4' - 0 " 14 ' - 0 " 14 ' - 0 " 16 ' - 0 " METAL STANDING SEAM ROOF -BLUE NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF MEDICAL OFFICE BUILDING 1 2 3 4 5 6 7 8 9 10 1120 291' - 8" 6"18' - 4"30' - 0"27' - 2"32' - 9"30' - 2"21' - 10" 4' - 0" 38' - 2" 4' - 0" 21' - 10"30' - 2"32' - 9" 33 ' - 0 " 16 ' - 0 " 12 ' - 8 " 6' - 0 " 48 ' - 0 " METAL STANDING SEAM ROOF -BLUE CAST STONE 01 BRICK 03 MANUFACTURED STONE 02 STUCCO 03 STUCCO 02 STUCCO 01 BRICK 01 CAST STONE 01 STUCCO 01 BRICK 02 BRICK 03 CAST STONE 01 LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" ROOF 144' - 0" TOP OF PARAPET 148' - 0" TOP OF SCREEN WALL 154' - 0" NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF METAL STANDING SEAM ROOF -BLUE 6' - 0 " 4' - 0 " 14 ' - 0 " 14 ' - 0 " 16 ' - 0 " MEDICAL OFFICE BUILDINGAMBULATORY SURGERY CENTER STUCCO 01 DEFGHJKL 9' - 0"32' - 4"30' - 0"27' - 2"32' - 10"60' - 0"32' - 10"2' - 0"2' - 0" 228' - 2" 3' - 0 " 16 ' - 0 " 33 ' - 0 " 16 ' - 0 " 6' - 0 " 32 ' - 0 " 16 ' - 0 " BRICK 03 MANUFACTURED STONE 02 CAST STONE 01 MANUFACTURED STONE 01 STUCCO 01 STUCCO 03 STUCCO 02 BRICK 03 BRICK 02 CAST STONE 01 STUCCO 01 CAST STONE 01 STUCCO 01 STUCCO 02 STUCCO 03 METAL STANDING SEAM ROOF - BLUE METAL STANDING SEAM ROOF - GREEN MATERIAL LEGEND MANUFACTURED STONE 01 MANUFACTURED STONE 02 BRICK 01 BRICK 02 BRICK 03 I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes. are not intended for regulatory approval, are released for interim review only and These documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. PL O T D A T E : ISSUE © 2018 HKS, INC. TE M P L A T E V E R S I O N : KEY PLAN HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 XXXXXX XXXX XX/XX/XXXX DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S OU T P A T I E N T F A C I L I T Y 6/ 1 8 / 2 0 1 8 4 : 2 8 : 4 1 P M SP1.00 EXTERIOR ELEVATIONS 06/04/18 21151.002 EXHIBIT F 3. 0 . 0 . 2 0 1 7 0 6 2 3 NO. DESCRIPTION DATE 1/16" = 1'-0"01 SOUTH ELEVATION - MEDICAL OFFICE BUILDING/ASC 1/16" = 1'-0"02 WEST ELEVATION - MEDICAL OFFICE BUILDING/ASC 03 PERSPECTIVE - SOUTHWEST CORNER MEDICAL OFFICE BUILDING/ASC TOTAL MANUF. STONE 1,458 22% TOTAL BRICK 1,462 22% TOTAL STUCCO 1,534 22% TOTAL CAST STONE 2,308 34% MANUF. STONE 02 1,222 18% MANUF. STONE 01 236 4% BRICK 03 858 13% STUCCO 03 301 4% BRICK 02 439 6% STUCCO 02 527 8% BRICK 01 165 3% STUCCO 01 706 10% CAST STONE 2,308 34% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 8,330 SF 100% TOTAL GLAZING 1,568 SF 19% TOTAL SOLID 6,762 SF 81% MOB/ASC WEST TOTAL MANUF. STONE 2,657 28% TOTAL BRICK 1,981 20% TOTAL STUCCO 1,542 16% TOTAL CAST STONE 3,504 36% MANUF. STONE 02 2,157 22% MANUF. STONE 01 500 6% BRICK 03 1,374 14% STUCCO 03 301 3% BRICK 02 417 4% STUCCO 02 535 6% BRICK 01 190 2% STUCCO 01 706 7% CAST STONE 3,504 36% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 12,088 SF 100% TOTAL GLAZING 2,404 SF 20% TOTAL SOLID 9,684 SF 80% MOB/ASC SOUTH COOK CHILDREN'S EXISTING CAMPUS FOR REFERENCE EXTERIOR MATERIALS " CAST STONE 01 07/03/18 Item 8 LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" ROOF 144' - 0" TOP OF PARAPET 148' - 0" TOP OF SCREEN WALL 154' - 0" STUCCO 01 CAST STONE 01 NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF 16 ' - 0 " 14 ' - 0 " 1 4 ' - 0 " 4' - 0 " 6' - 0 " MEDICAL OFFICE BUILDING AMBULATORY SURGERY CENTER BRICK 02 123456789101120 MANUFACTURED STONE 02 BRICK 03 CAST STONE 01 291' - 8" 6"18' - 4"30' - 0"32' - 4"27' - 8"27' - 2"6"32' - 4"30' - 0"30' - 0"30' - 0" 4' - 9 1/2" 21' - 5" 6' - 1 1/2" 6" STUCCO 03 STUCCO 02 STUCCO 01 CAST STONE 01 BRICK 02 BRICK 03 STUCCO 01 18 ' - 0 " 8 ' - 0 " 49 ' - 0 " 5' - 0 " CANOPY COLUMNS TO BE CLAD IN CAST STONE TO MATCH BUILDING LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" ROOF 144' - 0" TOP OF PARAPET 148' - 0" TOP OF SCREEN WALL 154' - 0" 6' - 0 " 4' - 0 " 14 ' - 0 " 14 ' - 0 " 16 ' - 0 " STUCCO 01 NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF MEDICAL OFFICE BUILDING AMBULATORY SURGERY CENTER D E F G H J K LC 2' - 0"2' - 0"6"32' - 4"30' - 0"30' - 0"30' - 0"22' - 4"6"7' - 2"30' - 0"32' - 4"6"8' - 6" 228' - 2" 12 ' - 8 " 5' - 0 " 28 ' - 4 " 2' - 8 " 18 ' - 0 " 7' - 8 " 6' - 0 " 48 ' - 0 " 3' - 0 " 16 ' - 0 " 7' - 0 " BRICK 03 MANUFACTURED STONE 02 CAST STONE 01 STUCCO 01 BRICK 02 STUCCO 01 STUCCO 03 STUCCO 02 CANOPY COLUMNS TO BE CLAD IN CAST STONE TO MATCH BUILDING CAST STONE 01 STUCCO 01 STUCCO 02 STUCCO 03 METAL STANDING SEAM ROOF - BLUE METAL STANDING SEAM ROOF - GREEN MATERIAL LEGEND MANUFACTURED STONE 01 MANUFACTURED STONE 02 BRICK 01 BRICK 02 BRICK 03 I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes. are not intended for regulatory approval, are released for interim review only and These documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. PL O T D A T E : ISSUE © 2018 HKS, INC. TE M P L A T E V E R S I O N : KEY PLAN HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 XXXXXX XXXX XX/XX/XXXX DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S OU T P A T I E N T F A C I L I T Y 6/ 1 8 / 2 0 1 8 4 : 2 8 : 4 5 P M SP1.01 EXTERIOR ELEVATIONS 06/04/18 21151.002 EXHIBIT F 3. 0 . 0 . 2 0 1 7 0 6 2 3 NO. DESCRIPTION DATE 1/16" = 1'-0"01 NORTH ELEVATION - MEDICAL OFFICE BUILDING/ASC 1/16" = 1'-0"02 EAST ELEVATION - MEDICAL OFFICE BUILDING/ASC 03 PERSPECTIVE - NORTHEAST CORNER MEDICAL OFFICE BUILDING/ASC COOK CHILDREN'S EXISTING CAMPUS FOR REFERENCE EXTERIOR MATERIALS TOTAL MANUF. STONE 1,118 16% TOTAL BRICK 2,072 30% TOTAL STUCCO 1,424 19% TOTAL CAST STONE 2,474 35% MANUF. STONE 02 1,090 15% MANUF. STONE 01 28 0% BRICK 03 721 11% STUCCO 03 310 4% BRICK 02 1,351 19% STUCCO 02 507 7% BRICK 01 0 0% STUCCO 01 607 8% CAST STONE 2,474 35% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 8,269 SF 100% TOTAL GLAZING 1,181 SF 14% TOTAL SOLID 7,088 SF 86% MOB/ASC EAST TOTAL MANUF. STONE 1,801 19% TOTAL BRICK 2,571 27% TOTAL STUCCO 2,131 21% TOTAL CAST STONE 3,187 33% MANUF. STONE 02 1,706 18% MANUF. STONE 01 95 1% BRICK 03 1,084 11% STUCCO 03 467 5% BRICK 02 1,413 15% STUCCO 02 692 7% BRICK 01 74 1% STUCCO 01 972 9% CAST STONE 3,187 33% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 11,670 SF 100% TOTAL GLAZING 1,980 SF 17% TOTAL SOLID 9,690 SF 83% MOB/ASC NORTHCAST STONE 01 CAST STONE 01 07/03/18 Item 8 LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF 14 ' - 0 " 16 ' - 0 " METAL STANDING SEAM ROOF -BLUE URGENT CARE CLINICPRIMARY CARE J.1H.1G.1F.1E.1D.1 2' - 8 " 15 ' - 0 " 3' - 0 " 5' - 4 " 24 ' - 8 " 10 ' - 6 " 20' - 6"30' - 0"34' - 10"30' - 0"20' - 6" CAST STONE 01CAST STONE 01 BRICK 02 BRICK 03 STUCCO 01 135' - 10" CANOPY COLUMNS TO BE CLAD IN CAST STONE TO MATCH BUILDING LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF 16 ' - 0 " 14 ' - 0 " URGENT CARE CLINIC 2.13.14.15.1 1.1 3' - 0 " 21 ' - 8 " 1 0 ' - 6 " 121' - 2" 5' - 4 " BRICK 02 CAST STONE 01 BRICK 03 STUCCO 01 METAL STANDING SEAM ROOF -BLUE 4' - 0" 16' - 0" 8' - 4"30' - 0"30' - 0"32' - 10" 20 ' - 8 " LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" 14 ' - 0 " 16 ' - 0 " NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOF PRIMARY CAREURGENT CARE CLINIC J.1 H.1 G.1 F.1 E.1 D.1 17 ' - 8 " 3' - 0 " 8' - 0 " 22' - 10"30' - 0"30' - 0"30' - 0"22' - 10" 135' - 8" CAST STONE 01 BRICK 02 CAST STONE 01 STUCCO 01 BRICK 03 METAL STANDING SEAM ROOF -BLUE LEVEL 01 100' - 0" LEVEL 02 116' - 0" LEVEL 03 130' - 0" 14 ' - 0 " 16 ' - 0 " NOTE: ALL PUNCHED WINDOWS, GLAZED ALUMINUM FRAMING SYSTEMS AND ENTRY DOORS TO BE PAINTED BLUE TO MATCH ROOFPRIMARY CARE 2.1 3.1 4.1 5.11.1 17 ' - 8 " 3' - 0 " 5' - 4 " 10 ' - 6 " 4' - 0 " 32' - 10"30' - 0"30' - 0"8' - 4" 16' - 0" 4' - 0" CAST STONE 01 METAL STANDING SEAM ROOF -BLUE CAST STONE 01 BRICK 02 BRICK 03 STUCCO 01 121' - 2" CANOPY COLUMNS TO BE CLAD IN CAST STONE TO MATCH BUILDING CAST STONE 01 STUCCO 01 STUCCO 02 STUCCO 03 METAL STANDING SEAM ROOF - BLUE METAL STANDING SEAM ROOF - GREEN MATERIAL LEGEND MANUFACTURED STONE 01 MANUFACTURED STONE 02 BRICK 01 BRICK 02 BRICK 03 I N T E R I M R E V I E W O N L Y Architect: Arch. Reg. No.: permit, or construction purposes. are not intended for regulatory approval, are released for interim review only and These documents are incomplete, and Date: REVISION HKS PROJECT NUMBER DATE SHEET TITLE SHEET NO. PL O T D A T E : ISSUE © 2018 HKS, INC. TE M P L A T E V E R S I O N : KEY PLAN HKS, INC. FORT WORTH, TX 76102 ARCHITECT 1000 MACON STREET, SUITE 150 XXXXXX XXXX XX/XX/XXXX DUNAWAY ASSOCIATES FORT WORTH, TX 76107 STRUCTURAL / CIVIL ENGINEER 550 BAILEY AVE, SUITE 400 SMITH SECKMAN REID (SSR) DALLAS, TX 75201 MEP ENGINEER 3100 McKINNON ST., SUITE 550 KELLER STUDIO FORT WORTH, TX 76104 INTERIOR 1263 W. ROSEDALE STREET, SUITE 201 MITCHELL EQUIPMENT PLANNING SERVICES NORTHBROOK, IL, 60062 MEDICAL EQUIPMENT 630 DUNDEE, SUITE 340 LINBECK FORT WORTH, TX 76104 CONTRACTOR 1263 W. ROSEDALE STREET, SUITE 201 NO R T H C A M P U S OU T P A T I E N T F A C I L I T Y 6/ 1 8 / 2 0 1 8 4 : 2 8 : 4 8 P M SP1.02 EXTERIOR ELEVATIONS 06/04/18 21151.002 EXHIBIT F 3. 0 . 0 . 2 0 1 7 0 6 2 3 NO. DESCRIPTION DATE 1/16" = 1'-0"01 EAST ELEVATION - UCC/PRIMARY CARE 1/16" = 1'-0"02 NORTH ELEVATION - UCC/PRIMARY CARE 1/16" = 1'-0"03 WEST ELEVATION - UCC/PRIMARY CARE 1/16" = 1'-0"04 SOUTH ELEVATION - UCC/PRIMARY CARE 05 PERSPECTIVE - SOUTHEAST CORNER UCC/PC 06 PERSPECTIVE - NORTHWEST CORNER UCC/PC COOK CHILDREN'S EXISTING CAMPUS FOR REFERENCE TOTAL BRICK 1,232 53% TOTAL CAST STONE 1,097 47% BRICK 03 268 12% BRICK 02 964 41% CAST STONE 1,097 47% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 2,661 SF 100% TOTAL GLAZING 332 SF 12% TOTAL SOLID 2,329 SF 88% UCC/PC EAST TOTAL BRICK 1,133 54% TOTAL CAST STONE 983 46% BRICK 03 63 3% BRICK 02 1,070 51% CAST STONE 983 46% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 2,516 SF 100% TOTAL GLAZING 400 SF 16% TOTAL SOLID 2,116 SF 84% UCC/PC NORTH TOTAL BRICK 1,105 48% TOTAL CAST STONE 1,184 52% BRICK 03 112 5% BRICK 02 993 43% CAST STONE 1,184 52% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 2,699 SF 100% TOTAL GLAZING 410 SF 15% TOTAL SOLID 2,289 SF 85% UCC/PC WEST TOTAL BRICK 1,140 54% TOTAL CAST STONE 975 46% BRICK 03 63 3% BRICK 02 1,077 51% CAST STONE 975 46% MATERIAL AREA (SF) PERCENTAGE OF SOLID FACADE TOTAL AREA 2,515 SF 100% TOTAL GLAZING 400 SF 16% TOTAL SOLID 2,115 SF 84% UCC/PC SOUTH EXTERIOR MATERIALS CAST STONE 01 07/03/18 Item 8 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 1, Section 7 of the Zoning Ordinance regarding Nonconforming Uses and Structures. (Z18-0006) Background and Purpose of Proposed Amendments: This is a Town-initiated request to amend the portion of the Zoning Ordinance regarding Nonconforming Uses and Structures. In regard to zoning regulations, the term, “nonconforming” refers to a use, structure or parcel of property that met the governing requirements at the time of its inception but now does not conform to the current requirements. Almost every municipality’s zoning ordinance contains provisions regarding how these nonconforming situations can continue to operate, expand or be discontinued. Prosper’s regulations regarding these nonconforming situations have not been comprehensively updated since the current Zoning Ordinance was adopted in 2005. While Chapter 1, Section 7 of the Zoning Ordinance is proposed to be amended in its entirety, the common provisions regarding the continuation or expansion of a nonconforming use or structure are reflected in the proposed amendments. The major change is the process of discontinuing a nonconforming use, referred to as amortization. The current ordinance delegates the amortization process to the Town Council. Per advice from the Town Attorney, the process should be delegated to the Board of Adjustment (BOA), after receiving direction from the Town Council. The proposed amendments create a two-step process with the BOA conducting two public hearings. During the first public hearing, the BOA makes a determination on whether or not the nonconforming use has an adverse impact on nearby properties or the community welfare based on the following criteria: 1.The Comprehensive Plan, 2.The character of the surrounding neighborhood, 3.The degree of incompatibility of the use with the zoning district, in which it is located, 4.The manner in which the use is being conducted, 5.The hours of operation of the use, 6.The extent to which continued operation of the use may threaten public health or safety, Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 2 7. The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor, 8. The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use, 9. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use, and 10. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. If the BOA determines the use has an adverse impact, it will conduct a second public hearing to set a compliance date upon consideration of the owner’s investment in the use. The compliance date will be the date the use must cease operations. Legal Obligations and Review: Notification was provided in the newspaper in accordance with the Zoning Ordinance and state law. To date, Town staff has not received any correspondence. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., reviewed the ordinance as to form and legality. Attached Documents: 1. Current Provisions of Chapter 1, Section 7 2. Ordinance Planning & Zoning Commission Recommendation: At their July 17, 2018, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0, with the stipulation that a new nonconforming use cannot replace an existing nonconforming use. The proposed ordinance, as recommended and reviewed by the Town Attorney, permits a new nonconforming use to replace an existing nonconforming, unless the new nonconforming use generates additional traffic, parking, noise, light or outdoor uses. Town Staff Recommendation: Town staff recommends approval of the proposed ordinance as submitted and in accordance with the Town Attorney’s recommendation in relation to new nonconforming uses to replace existing nonconforming uses with certain criteria. Proposed Motion: I move to approve an ordinance amending Chapter 1, Section 7 of the Zoning Ordinance regarding Nonconforming Uses and Structures. Item 9 CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES SECTION 7 – NONCONFORMING USES AND STRUCTURES SECTION 7 NONCONFORMING USES AND STRUCTURES (Z09-2) 7.1 Definitions and Applicability A.NONCONFORMING STRUCTURE means a structure which does not conform to the regulations (other than the use regulations) of this Ordinance, but which was lawfully constructed under the regulations in force at the time of construction. B.NONCONFORMING USE means a use that does not conform to the use regulations of this Ordinance, but was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time. C.If (1) a use is established or a structure is constructed outside the Town’s limits in accordance with the regulations of another governmental entity, (2) the property on which that use or structure is located is then annexed into the Town limits, and (3) the use or structure does not conform to the Town’s regulations, such use or structure shall be considered nonconforming. D.If a nonconforming use occupies a nonconforming structure, the more restrictive of the nonconforming use regulations and nonconforming structure regulations shall apply. This means that even if a nonconforming structure can be expanded under Chapter 1, Section 7.2(B) of this Ordinance, if the expansion would also expand the nonconforming use, such expansion shall be prohibited under Chapter 1, Section 7.3(A) of this Ordinance. E.An awning and/or canopy is not deemed an expansion of a nonconforming use or structure if it is attached to the exterior wall of a nonconforming structure or a structure housing a nonconforming use, and the awning and/or canopy functions only as an architectural feature. 7.2 Nonconforming Structures A.Except as provided in Chapter 1, Section 7.2(B) below, no person may enlarge, extend, repair, alter, or remodel a nonconforming structure if the enlargement, repair, alteration, or remodel will cause the structure to become more nonconforming as to the regulations (other than the use regulations) of this Ordinance. B.The following are permitted even if they cause the structure to become more nonconforming: 1.Providing additional off-street loading or off-street parking spaces in relation to a nonconforming structure upon approval of a site plan by the Planning and Zoning Commission pursuant to Chapter 4, Section 1 of this Ordinance; or 2.Altering the exterior facade of the structure upon approval of a facade plan by the Director of Development Services or his/her designee (the “Director”). The Director shall approve the facade plan if the proposed alterations to the exterior facade meet all requirements of this Ordinance. Otherwise, he/she shall deny the alteration of the exterior facade. If denied, the applicant may appeal the decision to the Planning & Zoning Commission and Town Council using the appeal procedure in Chapter 4, Section 1 of this Ordinance; or 3.Increasing the floor area by a maximum of ten percent (10%) or 1,000 square feet, whichever is less, upon approval of a site plan by the Planning & Zoning Commission per Chapter 4, Section 1 of this Ordinance. A person may increase the floor area of a nonconforming structure pursuant to this subsection only once. Any of the enlargements, repairs, alterations, or remodels described in Chapter 1, Section 7.2(B)(1)-(3) above shall comply with this Ordinance, as amended. Current OrdinanceItem 9 CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES SECTION 7 – NONCONFORMING USES AND STRUCTURES C. If a nonconforming structure is destroyed by fire, the elements, the intentional acts of the owner, or any other cause, such structure shall not be rebuilt unless it conform to all provisions of this Ordinance, as amended. In the case of partial destruction of a nonconforming structure not exceeding sixty percent (60%) of its reasonable value, reconstruction will be permitted, but the size of the nonconforming structure cannot be expanded unless otherwise allowed under Chapter 1, Section 7.2(B) of this Ordinance. D. If a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official. 7.3 Nonconforming Uses A. A nonconforming use shall not be expanded or increased in any manner. An expansion of a nonconforming use includes, but is not limited to (1) providing additional off-street loading or off-street parking for the nonconforming use; and (2) constructing a patio cover, porch, and/or canopy to be used in connection with the nonconforming use. An expansion of a nonconforming use shall not include the addition of an awning and/or canopy as described in Chapter 1, Section 7.1(E) of this Ordinance. (amended by Ord. No. 09-117) B. The right to operate a nonconforming use ceases if: 1. the nonconforming use is discontinued for six months or more and the Town Council does not allow the continued operation pursuant to Chapter 1, Section 7.3(E) below; or 2. there is a violation of any of the provisions of this Ordinance or a violation of any ordinance of the Town; or 3. the nonconforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district; or 4. the nonconforming use is changed to a conforming use; or 5. the right to maintain or operate a nonconforming use is terminated by the Town Council in accordance with Chapter 1, Section 7.3(F) and (G) of this Ordinance; or 6. the operator, owner, or occupant fails to obtain a Certificate of Occupancy in compliance with the terms of Chapter 1, Section 7.3(D) of this Ordinance; (amended by Ord. No. 09-117) or 7. the structure occupied by the nonconforming use is destroyed by fire, the elements, the intentional acts of the owner, or any other cause. In the case of partial destruction of a nonconforming structure not exceeding sixty percent (60%) of its reasonable value, reconstruction will be permitted, but the size or function of the nonconforming use shall not be expanded unless otherwise allowed in Chapter 1, Section7.3(B) of this Ordinance. C. The issuance of a specific use permit does not confer any nonconforming rights. No use authorized by the issuance of a specific use permit may operate after the specific use permit expires or is terminated. D. The operator, owner or occupant of any nonconforming use shall, within twelve (12) months after the use became nonconforming, register such nonconforming use by obtaining from the Building Official a Certificate of Occupancy (nonconforming). A Certificate of Occupancy (nonconforming) is required to maintain a nonconforming use status. Failure to timely obtain a Certificate of Occupancy shall terminate the nonconforming use which shall then be subject to and shall comply with all ordinances of the Town. E. If an owner and/or operator loses nonconforming rights pursuant to Section 7.3(B)(1) of this Ordinance, the owner and/or operator of the nonconforming use may request that the Town Council reestablish their nonconforming rights. To do so, the owner and/or operator must file a written request within ten days after receiving written notice from the Town that their use no longer has nonconforming rights. Upon receiving the request, the Building Official shall place the request on the agenda for the next available Town Council Item 9 CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES SECTION 7 – NONCONFORMING USES AND STRUCTURES meeting. The Town Council may only reestablish the owner’s rights to operate a nonconforming use if the owner and/or operator can show there was a clear intent not to abandon the use even though the use was discontinued for six months or more. F. Amortization of Nonconforming Uses. 1. Determination of Need for Expedited Compliance. Any person, who resides or owns real property in the Town, may request that the Town Council establish a compliance date for a nonconforming use. Upon receiving such a request, the Town Council shall determine whether there is a public necessity for expedited compliance with the zoning regulations. The following factors must be considered by the Town Council in determining the public necessity for expedited compliance: a. The character of the surrounding neighborhood. b. The degree of incompatibility of the use to the zoning district in which it is located. c. The effect of the nonconforming use on the surrounding area and the effect of its cessation on that area. d. The manner in which the use is being conducted. e. The hours of operation of the use. f. The extent to which continued operation of the use may threaten public health or safety. g. The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor. h. The extent to which public disturbances may be created or perpetuated by continued operation of the use. i. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use. j. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. 2. If the Town Council finds there is not a public necessity for expedited compliance with the zoning regulations, the Town Council shall request that the Planning & Zoning Commission initiate a public hearing in accordance with this Ordinance to determine the proper zoning of the property on which the use is located. G. Determination of Amortization Period. 1. If the Town finds that there is a public necessity for expedited compliance with the zoning regulations, the Town Council shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner’s actual investment in the structure(s), fixed equipment and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time that the use became nonconforming can be amortized within a definite time period. 2. The following factors must be considered by the Town Council in determining a reasonable amortization period: a. The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use and/or structure became nonconforming. b. Any costs that are directly attributable to the owner and the establishment of compliance date, Item 9 CHAPTER 1 – GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES SECTION 7 – NONCONFORMING USES AND STRUCTURES including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages. c. Any return on capital investment since inception of the use and/or use of the structure, including net income and depreciation. d. The anticipated actual recovery of capital investment, including net income and depreciation. 3. If the owner did not have an investment in the use before it became a nonconforming use, the owner is not entitled to an amortization to recover any of the costs set forth in Chapter 1, Section 7.3(G)(1) above. The Town Council, it its sole discretion, however, may give the owner a reasonable time to wind-down its operation. 4. For purposes of setting a compliance date, the term “owner” shall mean the owner of the nonconforming use at the time of Town Council determination of a compliance date H. Compliance Requirement. If the Town Council establishes a compliance date for a nonconforming use and/or structure, the use must cease operations on or before that date, and it may not operate and/or be occupied and/or used thereafter unless it becomes a conforming use. Item 9 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, BY REPEALING SECTION 7, “NONCONFORMING USES AND STRUCTURES,” OF CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES,” AND REPLACING IT WITH A NEW SECTION 7, “NONCONFORMITIES” OF CHAPTER 1, “GENERAL PROVISIONS, ADMINISTRATION, AND PROCEDURES”; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning & Zoning Commission of the Town of Prosper, Texas, considered Zoning Case Z18-0006 and has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning & Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. 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 findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Section 7, “Nonconforming Uses and Structures,” of Chapter 1, “General Provisions, Administration, and Procedures,” of the Town’s Zoning Ordinance is repealed in its entirety and replaced with a new Section 7, “Nonconformities,” of Chapter 1, “General Provisions, Administration, and Procedures,” to read as follows: “SECTION 7 NONCONFORMING USES AND STRUCTURES 7.1 Purpose, Definitions, and General Provisions. A. Purpose The purpose of this section is to establish provisions for the allowance, potential alteration or discontinuation of uses and/or structures which do not conform to currently applicable zoning standards or regulations, but which were in conformance Item 9 Ordinance No. 18-____, Page 2 with standards in place at the time of their inception and have been rendered nonconforming due to a change in the applicable standards and regulations. B. Definitions Nonconformities occur in three (3) general categories: structures, uses, lots or combinations thereof. 1. Nonconforming Structure means a structure which does not conform to the regulations (other than the use regulations) of the Zoning Ordinance, but which was lawfully constructed under the regulations in force at the time of construction. 2. Nonconforming Use means a use that does not conform to the use regulations of this Ordinance, but was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time. 3. Nonconforming Lot means a platted lot of record that does not conform to the lot area, lot width, or lot depth requirements established in this Ordinance, except as otherwise provided for in this section. C. Intent It is the declared intent of this section that any modification to nonconforming uses and structures result in greater conformance with the Zoning Ordinance such that nonconforming uses and structures eventually come into full compliance with this Zoning Ordinance. D. General Provisions Notwithstanding anything to the contrary, nonconforming uses are hereby declared incompatible with the permitted uses in the districts involved. 7.2 Status A. For purposes of interpretation, any uses, structures and/or lots, which in whole or part are not in conformance with current zoning standards, shall be considered as follows: 1. Legal Nonconforming. Those uses, structures or lots, which in whole or part are not in conformance with current zoning standards but were legally established at a prior date at which time they were in conformance with applicable standards. Such uses, structures or lots may be maintained or potentially altered subject to the provisions of this Section. 2. Illegal Status. Those uses, structures or lots which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall not be considered nonconforming, but shall be considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion and shall undertake necessary remedial measures to reach conformance with current standards or be discontinued. Item 9 Ordinance No. 18-____, Page 3 7.3 Time of Adoption A. Any use, platted lot, and/or structure that is a lawful use at the time of the adoption of any amendment to the Zoning Ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming. B. Annexation If a use, platted lot and/or structure was in existence at the time of annexation to the Town and has since been in regular and continuous use, it shall be deemed legal nonconforming. 7.4 Burden of Demonstration The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity. 7.5 Continuing Lawful Use of Property A. Abandonment of Nonconforming Use If a nonconforming use on a particular parcel of land ceases operations for a continuous period of more than six (6) months, then such nonconforming use shall be deemed to be permanently abandoned. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned. B. Reinstatement of Nonconforming Use Rights An owner and/or operator of a nonconforming use that has been deemed permanently abandoned pursuant to Section 7.5 (A), above, may request that the nonconforming rights to the use be reinstated pursuant to Section 7.10. C. Prohibited Expansion or Reoccupation A nonconforming use shall not be expanded, reoccupied with another nonconforming use, or increased as of the effective date of the Zoning Ordinance, except as provided in Section 7.7. 7.6 Changing Uses and Nonconforming Right A. Nonconforming Use to Conforming Use Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use. Item 9 Ordinance No. 18-____, Page 4 B. Nonconforming Use to Another Nonconforming Use A nonconforming use may not be changed to another nonconforming use, when the new nonconforming use is a more intense land use in terms of generating additional traffic, parking, noise, light, or providing additional outdoor uses in comparison to the current nonconforming use. C. Conforming Use in a Nonconforming Structure Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use as outlined in Section 7.7, below. 7.7 Nonconforming Uses A. Registration of Nonconforming Uses The operator, owner, or occupant of any nonconforming uses of land or buildings shall, within 12 months after the date on which the same became nonconforming, register such nonconforming use by obtaining a certificate of occupancy from the Building Official. The certificate of occupancy (nonconforming) shall be considered as evidence of the legal existence of a nonconforming use, as contrasted to an illegal use or violation of this Code. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses. B. An expansion of a nonconforming use is allowed in accordance with the following: 1. Nonconforming Use Expansion in Existing Building. A nonconforming use located within a building may be extended throughout the existing building, provided: a. No structural alteration, except as provided in Section 7.8, may be made on or in the building except those required by law to preserve such building in a structurally sound condition. b. The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use. C. Nonconforming Use Prohibited from Expansion beyond Existing Building. A nonconforming use within a building shall not be extended to occupy any land outside the building except where the rights are fully or partially re-instated by the Board of Adjustment pursuant to Section 7.10. D. Off-Street Loading and Parking A nonconforming use of land or building shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space when the additional parking complies with Chapter 4 of the Zoning Ordinance. Item 9 Ordinance No. 18-____, Page 5 7.8 Nonconforming Structures A. Enlargement A nonconforming structure used for a conforming use may be enlarged by a maximum of 10% of the total floor area or 1,000 square feet, whichever is less. The enlargement of the floor area is only permitted one time. B. Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use. C. Restoration of Nonconforming Structures 1. Total Destruction If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the Zoning Ordinance unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to Section 7.10. 2. Partial Destruction In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within six (6) months of the date of such damage or destruction unless the rights are fully or partially re-instated by the Board of Adjustment pursuant to Section 7.10. D. Relocation No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated. 7.9 Completion of Structures A. Nothing herein contained shall require any change in the plans, construction, or designated use of the following: 1. Building in the Approval Process A building or structure for which a complete application for a building permit was accepted by the Chief Building Official on or before the effective date of this Zoning Item 9 Ordinance No. 18-____, Page 6 Ordinance or applicable amendments thereto; provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed. 7.10 Reinstatement of Nonconforming Rights A. Applicability A property owner may apply to the Board of Adjustment for a change in the status of a nonconforming use or nonconforming structure for the following matters: 1. Resumption of a nonconforming use previously abandoned; 2. Expansion of the land area of a nonconforming use; 3. Expansion of the gross floor area of a nonconforming structure beyond 25%; or 4. Reconstruction of a nonconforming structure that has been destroyed. B. Effect If the Board of Adjustment grants the application for a change in nonconforming status, modifications made in the nonconforming use, structure or lot that are consistent with the approved application shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this Zoning Ordinance. C. Application Requirements 1. An application for a change in nonconforming status may be filed by the property owner on forms provided by the Department of Development Services. 2. An application for a change in nonconforming status shall contain a detailed written statement of the reasons why the nonconforming rights should be reinstated. D. Review and Determination Process 1. Upon receipt of an application for a change in nonconforming status, the Director of Development Services or his or her representative shall transmit the application to the Board of Adjustment for processing and determination in accordance with this Section. 2. The Board of Adjustment shall hold a public hearing with notification of the hearing provided as follows: a. written notice being mailed to each property owner, as indicated by the most recently approved tax roll, within 200 feet of the subject property, prior to the tenth (10th) day before the hearing, and b. publication in the official newspaper of the Town prior to the fifteenth (15th) day before the hearing. Item 9 Ordinance No. 18-____, Page 7 E. Burden of Proof The applicant bears the burden of proof to demonstrate that an application for a change in nonconforming status should be granted. F. Criteria for Considering Application The Board of Adjustment shall consider the following criteria: 1. The proposed change in nonconforming status results in greater conformance with the Comprehensive Plan; 2. The proposed change in nonconforming status results in greater conformance with this Zoning Ordinance such that the nonconforming use or structure can eventually come into full compliance with this Zoning Ordinance; 3. The degree of the proposed request is the minimum amount necessary; and 4. Granting the application shall not result in greater harm to adjacent and neighboring land uses than the original nonconformity. G. The Board of Adjustment shall approve, approve subject to conditions, or deny the request for a change in nonconforming status. 7.11 Amortization of Nonconforming Uses or Structures A. First Public Hearing Upon direction by the Town Council, the Board of Adjustment shall hold a public hearing to determine whether the continued operation of the nonconforming use will have an adverse effect on nearby properties or the community welfare. Notice of the public hearing shall be in the manner established in Section 7.10(D)(2). B. In determining whether the continued operation will have an adverse effect on nearby properties or the community welfare, the Board of Adjustment shall consider the following factors: 1. The Comprehensive Plan; 2. The character of the surrounding neighborhood; 3. The degree of incompatibility of the use with the zoning district, in which it is located; 4. The manner in which the use is being conducted; 5. The hours of operation of the use; 6. The extent to which continued operation of the use may threaten public health or safety; Item 9 Ordinance No. 18-____, Page 8 7. The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor; 8. The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use; 9. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use; and 10. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. C. If the Board of Adjustment determines that the nonconforming use has an adverse effect on nearby properties or the community welfare, it shall hold a second public hearing to set a date for compliance. The Board of Adjustment shall have the authority to request the owner to produce financial documentation and/or records to the factors listed in Section 7.11(E), below. The owner shall provide said documents and/or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board of Adjustment is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public or expert testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board of Adjustment from setting a compliance date. D. Second Public Hearing Notice of the public hearing shall be in the manner established in Section 7.10(D)(2). E. The Board of Adjustment shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner’s actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors shall be considered by the Board of Adjustment in determining a reasonable amortization period: 1. The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming; 2. Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages; 3. Any return on investment since inception of the use, including net income and depreciation; 4. The anticipated annual recovery of investment, including net income and depreciation; and/or 5. A reasonable wind-up period for the nonconforming use. Item 9 Ordinance No. 18-____, Page 9 F. Ceasing Operations If the Board of Adjustment establishes a compliance date for a nonconforming use, the use must cease operations on that date, and it may not operate thereafter unless it becomes a conforming use. G. Decisions that Cannot be Immediately Appealed A decision by the Board of Adjustment that the continued operation of a nonconforming use will have an adverse effect on neighboring property or the community welfare and the Board of Adjustment’s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed. H. Decision to Deny a Request to Establish a Compliance Date A decision by the Board of Adjustment to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code. I. Decision Setting a Compliance Date A decision by the Board of Adjustment setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code. J. Nothing in this section shall prohibit the Town and the property owner(s) of such nonconforming use from mutually agreeing upon a compliance date and memorialize such agreement in writing, to be approved by the Town Council and said property owner(s) and filed in the real property records of the county in which the property is located.” 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. Item 9 Ordinance No. 18-____, Page 10 SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 14th DAY OF AUGUST, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 9 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 14, 2018 Agenda Item: Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget). Description of Agenda Item: The proposed ordinance is amending the following balance for the FY 2017-2018 Budget. VERF – Community Services (Parks Operations) Staff is recommending expediting the purchase of scheduled VERF equipment that is slated to be replaced in the upcoming FY 2018-2019. The Tri-plex mower that is being requested replaces an older comparable unit which is at the end of its life cycle. The current PARK 02 unit is experiencing difficulties with the electrical system. The unit becomes nonoperational about once a week and if a service technician is called out, it costs approximately three hundred dollars each visit. As of August 3, 2018, Town staff was told it will be at least a week before a service technician can come and repair the machine. Because this machine is used to mow the ball fields twice a week, it’s important to keep it operational. When this machine is down, Town staff must vacuum and hand rake the clippings which takes considerably more time. The service technician recommended a new wiring harness and circuit boards which will cost approximately $1,500. The reels also need to be sharpened at a cost of $700. Due to the cost of repair, and the fact that it is scheduled to be replaced in October of 2018, Town staff believes it is more prudent to replace the machine a few months early rather than spend money replacing the wiring harness and sharpening the reels. Budget Impact: The VERF Fund expenditures will increase $30,000 in the Community Services Capital Expenditure-Equipment line item 410-6140-60-02. The funding for such replacement has been allocated annually through VERF transfers into the Fund from the General Fund - Park Operations operating expenditures. The proposed budget amendment will be reflected by reducing the VERF’s fund balance. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 10 Page 2 of 2 Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 17-65 (FY 2017-2018 Budget) to provide funding for increased expenditures in the VERF Fund associated with the purchase of a mower for park operations. Recommended Motion: I move to approve amending Ordinance No. 17-65 (FY 2017-2018 Budget) to provide funding for increased expenditures in the VERF Fund associated with the purchase of a mower for park operations. Item 10 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 17-65 (FY 2017-2018 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED EXPENDITURES OF $30,000 IN THE VERF FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 17-65 (FY 2017-2018 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated among the General Fund and an increase overall in the budget. 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 Amendment to Ordinance No. 17-65 (FY 2017-2018 Budget). Ordinance No. 17-65 (FY 2017-2018 Budget) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 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, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. Item 10 Ordinance No. 18-xx, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF AUGUST, 2018. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 10 VERF Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: -$ -$ -$ -$ Total $ - $ - $ - $ - Expenditures: Community Services - Park Ops Equipment Capital Expenditure -$ -$ 30,000.00$ 30,000.00$ Total $ - $ - $ 30,000.00 $ 30,000.00 Total Revenue -$ Total Expenditures 30,000.00$ Net Effect All Funds (30,000.00)$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2017-2018 August 14, 2018 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 14, 2018 Agenda Item: Submission of the FY 2018-2019 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 2018-2019. The FY 2018-2019 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 2018-2019 Proposed Budget and Budget Message under separate cover to the Town Council for review. Prosper is a place where everyone matters. FINANCE 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 14, 2018 Agenda Item: Consider and act upon a proposed FY 2018-2019 property tax rate. Description of Agenda Item: This agenda item is to set the proposed tax rate for consideration. The attached notice will be published by the Collin County Tax Assessor on behalf of the Town. 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. The Town’s proposed rate of $0.5200 per $100 is below the effective and rollback tax rates, and therefore no additional notices or tax rate public hearings are required. This item requires a record vote. Budget Impact: The publication costs is covered under the tax collection contract with Collin County Tax Assessor’s office. Attached Documents: Notice of 2018 Tax Year Proposed Property Tax Rate Town Staff Recommendation: Town staff recommends that the Town Council propose a rate of $0.52 per $100 in valuation. Proposed Motion: I move to place a proposal to adopt a FY 2018-2019 tax rate of fifty-two cents ($0.52) per one hundred dollars ($100) of valuation on the September 11, 2018, Town Council Agenda. Prosper is a place where everyone matters. FINANCE Item 12 NOTICE OF 2018 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. PROPOSED TAX RATE $0.520000 per $100 PRECEDING YEAR'S TAX RATE $0.520000 per $100 EFFECTIVE TAX RATE $0.531332 per $100 ROLLBACK TAX RATE $0.581388 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 2017 tax year and the 2018 tax year. 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 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 14, 2018 Agenda Item: Consider and act upon scheduling a Public Hearing on the FY 2018-2019 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. This public hearing is scheduled for August 28, 2018. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearing on the proposed budget to print in the August 15 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 date for a Public Hearing on the FY 2018-2019 Proposed Budget. Proposed Motion: I move to schedule a Public Hearing on the FY 2018-2019 Proposed Budget for August 28, 2018, at 6:00 p.m. with the meeting taking place at the Prosper Council Chambers at 200 S. Main Street, Prosper, Texas. Prosper is a place where everyone matters. FINANCE Item 13 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 14, 2018 Agenda Item: Consider and act upon a request for a Façade Exception for Silo Park, located on the northeast corner of Broadway Street and McKinley Street. (MD18-0004). Description of Agenda Item: At the November 14, 2017, meeting, the Town Council approved an ordinance for Planned Development-84 (PD-84) for a food truck park and outdoor entertainment venue, known as Silo Park. The Silo Park development consists of temporary paving, fencing, landscaping, lighting and structures, including a beverage center. The beverage center is a 1,500 square-foot temporary metal building, which is proposed to consist of a bar, office, and restrooms. As presented in the PD-84 development standards (Exhibit C), the beverage center was originally depicted as a white metal building, as follows: However, as shown in the picture below, the beverage center has been constructed utilizing a “fern” green metal, as opposed to the originally proposed white metal shown in PD-84. Prosper is a place where everyone matters. PLANNING Item 14 Page 2 of 2 Because PD-84 includes a picture of a white metal building in the development standards and the ordinance indicates that development shall comply with Exhibit C, staff does not have the authority to approve the alternative building color; therefore, the applicant is seeking Planning & Zoning Commission and Town Council approval of a Façade Exception. Typically, prior to development, staff approves Façade Plans for non-residential development which serve as a tool to ensure that building construction is done in accordance with all applicable development standards and Planned Developments. However, in this instance, because the proposed beverage center is a temporary structure, a Façade Plan was not approved to ensure compliance with the white metal beverage center image included in PD-84. PD-84 limits the operation of the food truck for a period of three (3) years. To allow for continued operation of the food truck park, the PD requires that a Specific Use Permit (SUP) application be presented to Town Council no later than May 14, 2020, demonstrating proposed development on the property in full compliance with all zoning and subdivision regulations, including but not limited to building construction materials, landscaping, parking, and fencing. Approval of this façade exception would not allow the proposed green metal building to remain beyond May 14, 2020. The applicant has provided a letter outlining the request and is seeking approval to allow for the temporary green metal building. Attachments: 1. Location Map 2. Site Plan 3. Request Letter Planning & Zoning Commission Recommendation: At their August 7, 2018, meeting, the Planning & Zoning Commission recommended the Town Council approve the request by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon a request for a Façade Exception for Silo Park. Proposed Motion: I move to (approve / deny) the request for a Façade Exception for Silo Park. Item 14 MD18-0004 FIFTH ST MA I N S T CO L E M A N S T BROADWAY ST SIXTH ST MC K I N L E Y S T THIRD ST SECOND ST±0 110 220 33055 Feet Item 14 //////////// /// /// /// /// /// /// /// /// /// /// /// // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// / / / /// // / /// // / /// // / /// // / /// // / // / // / /// /// // / // / // / /// /// // / // / // / // / // / // / // / // / // / // / /// /// / / / / / / / / / /////////////////////////////////////////////////////////////////////////////////////////////////////////////// / / / / / / / / / / / / //////////////////////////////////////////////////////////////////////////////////////////////// WEST 5TH STRE E T (EXISTING STRE E T ) ASPHALT SURFA C E MC K I N L E Y S T R E E T (E X I S T I N G S T R E E T ) AS P H A L T SU R F A C E W BROAD W A Y S T R E E T (EXISTING S T R E E T ) CONCRET E A N D A S P H A L T SURFACE / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6 5 5 65 6 655 65 4 65 5 65 6 657 6 5 8 65 4 65 5 65 6 6 5 7 65 8 6 5 4 65 5 655 655 656 656 65 8 658 CR O C K E T T S T R E E T NO S U R F A C E 30 ' R . O . W . VO L . 1 1 6 , P G . 1 6 2 P. R . C . C . T . CIRS 1/2" IRF 1/2" IRF 1/2" IRF TBM #1 MAG NAIL SET Z= 654.99' TBM #2 MAG NAIL SET Z= 657.70' TBM #3 MAG NAIL SET Z= 654.44' SSMH-RIM= 658.5' FL-8"PVC=650.7' (SE) FL-8"PVC=650.6' (S) SSMH-RIM= 658.2' FL-8"PVC=650.3' (N) FL-8"PVC=650.2' (E) FL-8"PVC=650.0' (W) SSMH-RIM= 654.7' (FLOODED) SSMH-RIM= 659.3' FL-2"PVC=656.7' (S) FL-4"PVC=655.3' (N) FL-4"PVC=653.3' (NW) FL-6"CLAY=653.1' (E) SSMH-RIM= 658.5' FL-8"PVC=651.3' (N) FL-8"PVC=650.4' (S) FL-8"PVC=650.3' (W) SSMH-RIM= 655.4' FL-12"PVC=644.1' (S) FL-12"PVC=644.0' (N) //////////// /// /// /// /// /// /// /// /// /// /// /// // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// / / / /// // / /// // / /// // / /// // / /// // / // / // / /// /// // / // / // / /// /// // / // / // / // / // / // / // / // / // / // / /// /// / / / / / / / / / /////////////////////////////////////////////////////////////////////////////////////////////////////////////// / / / / / / / / / / / / //////////////////////////////////////////////////////////////////////////////////////////////// WEST 5TH STRE E T (EXISTING STRE E T ) ASPHALT SURFA C E MC K I N L E Y S T R E E T (E X I S T I N G S T R E E T ) AS P H A L T SU R F A C E W BROAD W A Y S T R E E T (EXISTING S T R E E T ) CONCRET E A N D A S P H A L T SURFACE / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6 5 5 65 6 655 65 4 65 5 65 6 657 6 5 8 65 4 65 5 65 6 6 5 7 65 8 6 5 4 65 5 655 655 656 656 65 8 658 CR O C K E T T S T R E E T NO S U R F A C E 30 ' R . O . W . VO L . 1 1 6 , P G . 1 6 2 P. R . C . C . T . CIRS 1/2" IRF 1/2" IRF 1/2" IRF TBM #1 MAG NAIL SET Z= 654.99' TBM #2 MAG NAIL SET Z= 657.70' TBM #3 MAG NAIL SET Z= 654.44' SSMH-RIM= 658.5' FL-8"PVC=650.7' (SE) FL-8"PVC=650.6' (S) SSMH-RIM= 658.2' FL-8"PVC=650.3' (N) FL-8"PVC=650.2' (E) FL-8"PVC=650.0' (W) SSMH-RIM= 654.7' (FLOODED) SSMH-RIM= 659.3' FL-2"PVC=656.7' (S) FL-4"PVC=655.3' (N) FL-4"PVC=653.3' (NW) FL-6"CLAY=653.1' (E) SSMH-RIM= 658.5' FL-8"PVC=651.3' (N) FL-8"PVC=650.4' (S) FL-8"PVC=650.3' (W) SSMH-RIM= 655.4' FL-12"PVC=644.1' (S) FL-12"PVC=644.0' (N) PROSPER CO-OP GIN ASSOCIATION VOL. 853, PG. 336 D.R.C.C.T. 2.45 ACRES (106,897 SF) EXISTING ZONING: DOWNTOWN RETAIL PROPOSED ZONING: PD ±1 8 . 2 ' 21 ' ±2 3 . 1 ' ±2 3 . 4 ' ±21.2' ±20.3' 30' R.O.W. MITCHELL'S ADDITION VOL. 107, PG. 588 D.R.C.C.T. PART OF BLOCK 1 WATCH MANAGEMENT LLP CC#20071114001544900 O.P.R.C.T. COLLIN COUNTY SCHOOL LAND #12 VOL. 108, PG. 430 D.R.C.C.T. BLOCK 7, TRACT 89 RAY & SHARON LOVELESS CC#2000-0128544 D.R.C.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 1-4, BLOCK 1 EVANGELINA G. SANMINGUEL CC#20080218000188910 O.P.R.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 21-23, BLOCK 1 DAN CHRISTIE CC#2003-0215743 O.P.R.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 1 & 2, BLOCK 3 BILL REYNOLDS VOL. 1906, PG. 153 D.P.R.C.T. LOT 2 MATTHEW S. SAVOY CC#97-0012003 D.R.C.C.T. LOT 1 MATTHEW S. SAVOY CC#97-0012003 D.R.C.C.T. PRECISION ADDITION CAB. 1, SLIDE 132 D.R.C.C.T. RAILROAD PROSPER ADDITION VOL. 108, PG. 540 D.R.C.C.T. BLOCKS 28 & 29 ASSOCIATED GRAIN PRODUCERS, L.L.C. CC#2000-0043786 D.P.R.C.T. LOT 1A, BLOCK 27 SARAH NELL MORRIS TEMPLIN VOL. 5132, PG. 4351 D.R.C.C.T. RAILROAD PROSPER ADDITION VOL. 108, PG. 540 D.R.C.C.T. LOT 1F, BLOCK 27 TRACT 1 BRANDON & JAN VAN VOLKENBURGH CC#20060118000072230 O.P.R.C.C.T. LOT 1C, BLOCK 27 SARAH NELL MORRIS TEMPLIN CC#2006011800072230 O.P.R.C.C.T. LAND USE: VACANT ZONING: DOWNTOWN COMMERCIAL LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: DOWNTOWN OFFICE LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: SINGLE FAMILY LAND USE: VACANT ZONING: COMMERCIAL LAND USE: ENTOURAGE MOTORS ZONING: DOWNTOWN RETAIL LAND USE: WAREHOUSE ZONING: DOWNTOWN COMMERCIAL LAND USE: STORAGE SILO ZONING: DOWNTOWN COMMERCIAL LAND USE: WAREHOUSE ZONING: DOWNTOWN COMMERCIAL LAND USE: AUTO REPAIR ZONING: DOWNTOWN COMMERCIAL LAND USE: DESIGNER ROOFING ZONING: DOWNTOWN COMMERCIAL LAND USE: DESIGNER ROOFING ZONING: DOWNTOWN COMMERCIAL 10 0 ' R. O . W . 50' R.O.W. 50 ' R. O . W . N78°36'53" W 375.19' N1 1 ° 2 5 ' 4 7 " E 29 9 . 8 5 ' S82°35'57"E 311.49' S0 ° 0 5 ' 1 8 " W 3 2 7 . 8 5 ' ±373' TO S. MAIN ST. ±371' TO S. MAIN ST. ±1 0 2 4 . 3 ' T O W . F I R S T S T . 3 0 ' 50' 2 0 ' PROP. BAR 1,500 SF FFE = 658.10 PATIO 1,000 SF 20 ' 20' STAGE A=400 SF 50' 25 ' KID AREA A=1,250 SF FO O D TR U C K PA R K I N G S 175.2' ±512' TO S. MAIN ST. 25'BUILDING LINE 25 ' BU I L D I N G LI N E OPEN SPACE OPEN SPACE 29.8' 58 . 4 ' 30 ' 65.4' 53 . 9 ' 227.9' 9' TYP. PROP. FENCE PROP. FENCE PROP. FENCE 5' R . O . W . DE D I C A T I O N 5' R.O.W. DEDICATI O N 20 ' R . O . W . DE D I C A T I O N 13 6 . 5 9 ' 24 ' 17 4 . 7 7 ' CURB STOP (TYP) HANDICAP SIGN 20 ' 24 ' 20' 24' 20' R 1 5 ' R15' R30' R 3 0 ' R15' 5'x5' CLIP SPROP. 1" DOMESTIC METER PROP. 1" IRRIG. METER PROP. 6" SEWER LINE 9'9'9' EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED THESE PARKING LINES ARE SHOWN FOR CLARITY ONLY AND TO SHOW THE NUMBER OF PARKINGS PROVIDED. THERE ARE NO PARKING LINES ON FLEX BASE SURFACE (TYP). 380 W. BROADWAY ST. R15' R 1 5 ' R 1 5 ' R15' 24' 14' 24' 20' 3' 24 ' 5' 9' TY P 9' TY P R10' R 1 0 ' R2.5' R 2 . 5 ' R 2 . 5 ' R2.5' R 3 ' 5' 9' 9' 1. 5 ' DA T E No . RE V I S I O N BY DATE: SHEET File No. 2017-134 CHECKED: JEV/MBT DRAWN:JEV/MBT DESIGN: SI L O P A R K PR O S P E R C O - O P G I N A S S O C I A T I O N VO L . 8 5 3 , P G . 3 3 6 D. R . C . C . T . PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M PL O T T E D B Y : DE N G T O R R E S PL O T D A T E : 2 / 1 4 / 2 0 1 8 9 : 5 8 A M LO C A T I O N : Z : \ P R O J E C T S \ P R O J E C T S \ 2 0 1 7 - 1 3 4 B R O A D W A Y F O O D T R U C K P A R K \ C A D D \ S H E E T S \ S P - 1 S I T E P L A N . D W G LA S T S A V E D : 2 / 1 4 / 2 0 1 8 9 : 5 6 A M TEXAS REGISTRATION #14199 DD 2/14/20 1 8 2/14/2018 D17-0069 SI T E P L A N 38 0 W . B R O A D W A Y S T . SP-1 COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 SILO PARK LLC 1061 N. COLEMAN, SUITE 90 PROSPER, TEXAS 750578 PH: 214.725.1104 PROSPER CO-OP GIN ASSOCIATION VOL. 853, PG. 336 D.R.C.C.T. SILO PARK CONTACT NAME: DOUG WALKER CONTACT NAME: MATT MOORE CONTACT NAME: LARRY SPRADLING SITE PLAN CASE #: D17-0068 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE BENCHMARK NOTES: 1. THE BEARINGS SHOWN ON THIS SURVEY WERE DERIVED FROM WESTERN DATA SYSTEMS RTK NETWORK AND ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE (4202) AND ARE BASED O THE AMERICAN DATUM OF 1983, 2011 ADJUSTMENT 2. ELEVATIONS ARE BASED ON NAVD88, REFERENCED TO NAD83, 2011 ADJUSTMENT AND WERE DERIVED FROM WESTERN DATA SYSTEMS RTK NETWORK *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* N N.T.S. VICINITY MAP SITE E 1ST ST N P R E S T O N R D E BROADWAY ST S C O L E M A N S T S C R A I G R D MC K I N L E Y S T E PROSPER TRAIL LEGEND PROPOSED FLEXBASE PROPOSED DECOMPOSED GRANITE TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 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’) 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. 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 CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. FEMA LOMR: THIS SITE HAS BEEN DESIGNED PER FEMA LOMR EFFECTIVE JANUARY 18, 2018 WATER METER SCHEDULE ID TYP. SIZE NO. SAN. SEWER DOM.1"1 6" IRR.1"1 N/A2 1 2 1 Item 14 Silo Park was asked to submit a façade exception for the color of the building. The building itself is constructed with a Sil-Poly coated finish for high durability and weather resistance. Additionally, the upgraded building package provides trim and gutter materials of the highest quality. In comparison to all the adjacent and surrounding buildings, the Silo Park building is of higher quality. The green color was chosen for a variety of reasons. The primary reason was to allow it to blend in with the natural surroundings and site landscape. A building that matches its surroundings helps the location to feel like a true outdoor and park setting. The green building is also Prosper green and is keeping with the spirit of the community “Go Eagles”. Pictures of the Elevation Item 14 Item 14 Item 14 Harmony with surroundings Item 14 Adjacent and Surrounding Buildings Item 14 Item 14 Page 1 of 1 To: Mayor and Town Council From: Dan Heischman, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Consider and act upon a request to waive the Town’s Drainage System Design Requirements for a wet or underground detention pond for the Worldwide Rock development. Description of Agenda Item: At the October 10, 2017, Town Council meeting, the Drainage System Design Requirements engineering manual was adopted requiring wet or underground detention satisfying detention requirements where applicable. Section 6.09.F. of the drainage manual allowed a process to request a waiver from the Town Council to allow a dry detention pond. The proposed Worldwide Rock development located on Cook Lane south of Prosper Trail and east of Prestonwood Baptist Church had a site plan approved in June of 2018. In accordance with the drainage manual, the applicant has requested a waiver from the wet pond requirement and is requesting to be allowed to install a dry detention pond. Attached Documents: 1.Request Letter 2.Pond Exhibit – Black & White 3.Pond Exhibit – Color Town Staff Recommendation: Town staff does not believe there are any physical constraints, hydraulic limitations or other hardships that would cause installing a wet pond to be problematic. However, Town staff does agree pond visibility from the public right-of-way will be restricted due to the proposed screening wall. The applicant is also proposing evergreen shrubs/trees to aid in screening for times when the nearby gate is open. Proposed Motion: I move to (approve / deny) the request to allow a dry detention pond to serve the Worldwide Rock development. Prosper is a place where everyone matters. ENGINEERING Item 15 June 26, 2018 Mr. Dan Heischman Engineer Town of Prosper 407 E. 1st St. Prosper, Texas 75078 RE: Waiver Request from Wet or Underground Detention Pond Requirements As the applicant and representative of the Worldwide Rock facility planned at the SEC of Prosper Trail and Cooks Lane (Development Case -D18-0041) and Lot 2, Block A of the Final Plat/Conveyance Plat of WWRE Holdings Addition (DP 18-0042), we respectfully request a waiver from the wet or underground detention requirement per section 6.09 of the Town of Prosper’s Drainage System Design Requirements and request to install a dry detention pond. This particular detention pond is located along the southern property line within a completely screened area that will not be visible to the public. This pond is also being design to accommodate the property owner to the south in a regional pond like setting. It is our feeling with the screening and lack of visibility for this pond this location would be a candidate for a waiver of the wet pond requirements. Sincerely, Claymoore Engineering, Inc. Matt Moore, P.E. Item 15 AND SHED FF=646.87 CIRS CIRS "X" CUTFOUND CO O K L A N E (C A L L E D 6 0 ' R . O . W . ) R30' R 3 0 ' R 3 0 ' R10' R30 ' R 3 0 ' R3 0 ' R 3 5 ' 2 6 ' F L A D U E 3 0 ' F L A D U E 26'FLADUE 24'FLADUE 30'FLADUE 3 0 ' F L A D U E 6 4 ' 6 4 ' 101.78' 102.77' 6 4 ' 6 4 ' 20' 20' 6 4 ' 6 4 ' 67.94' 51.41' EX. CURB INLET EX. CURB INLET STORAGE BINS EX. FIRE HYDRANT EX. CURB INLET EX. CURB INLET EX. CURB INLET EX. CURB INLET EX. FENCE 6' MASONRYSCREEN WALL EX. FIRE HYDRANT 93' 8 0 ' 218' 7 8 ' 100' 8 0 ' 9'1 8 ' 9'1 8 ' 9'1 8 ' 1 8 ' 9' 9 ' 18'18' 9 ' 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL NO CURB 6" CURB AND GUTTER FUTURE PAD 17,000 WAREHOUSE 9,200 SF OFFICE FIRE HYDRANT FIREHYDRANT DUMPSTERS FIREHYDRANT FIREHYDRANT FDC FDC HVAC PAD FIREHYDRANT FIREHYDRANT DETENTION POND OUTFALL STRUCTURE GRATE INLET CURB INLET GRATE INLET EX. 75' GAS ESMT 5 ' L A N D S C A P E E S M T 15' PEDESTRIAN ACCESS AND LANDSCAPE ESMT 10 ' L A N D S C A P E S E T B A C K 10' LANDS C A P E S E T B A C K 15' DRAINAGE ESMT WATERESMT WATERESMT WATER ESMT WATER ESMT WATER ESMT WATER ESMT 2 6 ' F L A D U E PROPOSED DRY DETENTION POND 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK HEADWALL S89°28'53"W 644.65' N0°20'39"E537.41' N89°38'07"E 751.06' S11°33'16"W547.44' AP P R O X . 3 0 0 ' ± T O C R O S S S T R E E T AP P R O X . 3 4 0 ' ± T O NE A R E S T C R O S S S T R E E T EXISTING CANOPY AND SHED EX . C O N C R E T E EX . C O N C R E T E EX . C O N C R E T E EX. CONCRETEDRIVEWAY EX. CONCRETE DRIVEWAY 12 3 ' ± 27 ' ± 30 ' 15 2 ' ± 32 . 8 1 ' 17 4 ' ± 3.67'± 6.7'± FFE: 639.10 FFE: 640.65 35'± 35'± 28 ' ± PROSPER FLEX DEVELOPMENT PARTNERS DOC. NO. 20151221001574120 O.P.R.C.C.T. PROP. USE: MINI-WAREHOUSE BY OTHERS LOT 1 BLOCK APLM ADDITIONDOC. NO. 20110628010001150 O.P.R.C.C.T. LOT 2, BLOCK AWWRE HOLDINGS ADDITION 8.59 ACRES USE : HOME BUILDER SUPPLY LOT 2, BLOCK AWWRE HOLDINGS ADDITION 5.41 ACRES VACANT LOT PRESTONWOOD ADDITION (CPR) BLOCK A, LOT 1R; REPLATPRESTONWOOD BAPTIST CHURCH INC EX. CHURCH UTILITY ESMT TRUCK SCALE 5 7 . 3 2 ' DRAINAGE AND DETENTION ESMT. FFE: 640.65FFE: 639.10 SLIDING GATE 26' DRAINAGE AND UTILITY ESMT R40' R40 ' SLIDING GATE R30 ' R30' 140' 6 0 ' 15' WATER ESMT 10' WATERESMT 15' SANITAR Y SEWER ESM T 15' SANITARY SEWER ESMT 30' WIDE FIRE LANE & WATER LINE EASEMENT FILE NO. 20151221001584210 R.P.R.C.C.T.TO BE ABANDONED BY PLAT 20' SANITARY SEWER AND WATERLINE EASEMENT FILE NO. 20060126000108690 R.P.R.C.C.T.TO BE ABANDONED BY PLAT 30' WIDE FIRE LANE& WATER LINE EASEMENT FILE NO. 20151221001584210 R.P.R.C.C.T.TO BE ABANDONED BY PLAT 20' SANITARY SEWERAND WATERLINE EASEMENT FILE NO. 20060126000108690 R.P.R.C.C.T.TO BE ABANDONED BY PLAT 6" CURB AND GUTTER NO CURB NO CURBNO CURB R20' R 2 0 ' R 2 0 ' R10' END 6" CURB AND GUTTER 6' MASONRYSCREEN WALL 6' MASONRY SCREEN WALL DA T E No . RE V I S I O N BY DATE: SHEET File No. 2017-128 07/18/2018 CHECKED: BJK DRAWN: DESIGN: WO R L D W I D E R O C K EN T E R P R I S E S SE C O F P R O S P E R T R A I L A N D CO O K L A N E PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M PL O T T E D B Y : BO B B Y K U B I N PL O T D A T E : 7 / 1 8 / 2 0 1 8 8 : 0 1 A M LO C A T I O N : Z : \ P R O J E C T S \ P R O J E C T S \ 2 0 1 7 - 1 2 8 W O R L D W I D E R O C K P R O S P E R \ C A D D \ S H E E T S \ E X - 1 D E T E N T I O N P O N D E X H I B I T . D W G LA S T S A V E D : 7 / 1 8 / 2 0 1 8 7 : 5 9 A M TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJK DE T E N T I O N P O N D EX H I B I T 1 0 GRAPHIC SCALE 1 inch = ft. 40 40 80 40 20 LEGEND EX. FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED FIRE LANE, ACCESS, DRAINAGE AND UTILITY ESMT. PROPOSED SIDEWALK PROPOSED DUMPSTER AREA CONCRETE PAVEMENT PROPOSED STANDARD DUTY CONCRETE PAVEMENT GAS METER ELECTRIC METER TELEPHONE RISER / PEDESTAL N.T.S. VICINITY MAP N SITE FRONTIER PKWY DA L L A S P K W Y PROSPER TRAIL CO O K L N N C O L E M A N S T FIRE LANE AND ACCESS EASEMENT FIRE LANE, ACCESS, DRAINAGE AND UTILITY EASEMENT FLAE FLADUE ACCESS, DRAINAGE AND UTILITY EASEMENTADUE COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 WORLDWIDE ROCK ENTERPRISES 1854 E. BELTLINE RD COPPELL, TX 75019 972-877-6734 BEING AN 8.59 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO ALL STORAGE PROSPER TRAIL, LLC RECORDED IN DOCUMENT NUMBER 20170714000925660, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.). HOME BUILDER SUPPLY CONTACT NAME: DAVID ROLLEN CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK DETENTION POND EXHIBIT CASE #: D18-0041 LOT 2, BLOCK A - WWRE HOLDINGS ADDITION PROPOSED HEAVY DUTY CONCRETE PAVEMENT Item 15 CO O K L A N E (C A L L E D 6 0 ' R . O . W . ) EX. CURB INLET EX. CURB INLET 6' MASONRYSCREEN WALL EX. FIRE HYDRANT 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL FUTURE PAD17,000 WAREHOUSE 9,200 SF OFFICE DETENTION POND OUTFALL STRUCTURE 10 ' L A N D S C A P E S E T B A C K 10' LANDS C A P E S E T B A C K PROPOSED DRY DETENTION POND 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK S89°28'53"W 644.65' N0°20'39"E537.41' N89°38'07"E 751.06' S11°33'16"W547.44' AP P R O X . 3 0 0 ' ± T O C R O S S S T R E E T PROSPER FLEXDEVELOPMENT PARTNERS DOC. NO. 20151221001574120 O.P.R.C.C.T. PROP. USE: MINI-WAREHOUSE BY OTHERS LOT 1 BLOCK APLM ADDITIONDOC. NO. 20110628010001150 O.P.R.C.C.T. LOT 2, BLOCK AWWRE HOLDINGS ADDITION 8.59 ACRES USE : HOME BUILDER SUPPLY LOT 2, BLOCK AWWRE HOLDINGS ADDITION 5.41 ACRES VACANT LOT PRESTONWOOD ADDITION (CPR) BLOCK A, LOT 1R; REPLATPRESTONWOOD BAPTIST CHURCH INC EX. CHURCH SLIDING GATE 6' MASONRYSCREEN WALL 6' MASONRY SCREEN WALL A A R. O . W . 15 ' L S S E T B A C K 6' MASONRY SCREEN WALL BOTTOM OF DRY DETENTION POND DA T E No . RE V I S I O N BY DATE: SHEET File No. 2017-128 07/18/2018 CHECKED: BJK DRAWN: DESIGN: WO R L D W I D E R O C K EN T E R P R I S E S SE C O F P R O S P E R T R A I L A N D CO O K L A N E PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M PL O T T E D B Y : DR E W D O N O S K Y PL O T D A T E : 8 / 9 / 2 0 1 8 9 : 4 4 A M LO C A T I O N : Z : \ P R O J E C T S \ P R O J E C T S \ 2 0 1 7 - 1 2 8 W O R L D W I D E R O C K P R O S P E R \ C A D D \ S H E E T S \ E X - 1 D E T E N T I O N P O N D E X H I B I T . D W G LA S T S A V E D : 7 / 1 8 / 2 0 1 8 3 : 3 8 P M TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJK DE T E N T I O N P O N D EX H I B I T 1 0 GRAPHIC SCALE 1 inch = ft. 40 40 80 40 20 N.T.S. VICINITY MAP N SITE FRONTIER PKWY DA L L A S P K W Y PROSPER TRAIL CO O K L N N C O L E M A N S T COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 WORLDWIDE ROCK ENTERPRISES 1854 E. BELTLINE RD COPPELL, TX 75019 972-877-6734 BEING AN 8.59 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO ALL STORAGE PROSPER TRAIL, LLC RECORDED IN DOCUMENT NUMBER 20170714000925660, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.). HOME BUILDER SUPPLY CONTACT NAME: DAVID ROLLEN CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK DETENTION POND EXHIBIT CASE #: D18-0041 LOT 2, BLOCK A - WWRE HOLDINGS ADDITION SECTION A-A Item 15 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – August 14, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-79-B to S.J. Louis Construction of Texas, Ltd., related to construction services for the Lower Pressure Plane Water Line (BNSF Railroad to Preston Road); and authorizing the Town Manager to execute a construction agreement for the same. Description of Agenda Item: On July 24, 2018, at 10:00 a.m., staff opened twelve (12) bids for the Town of Prosper Bid No. 2018- 79-B, Lower Pressure Plane Water Line (BNSF to Preston Road) project. The verified totals from the bidders ranged between $1,602,904.19, and $4,848,860.90 with S.J. Louis Construction of Texas, Ltd., being the low bidder. The Engineers Estimate was $1,679,000. The scope of this contract includes the construction, testing, and disinfection of 4,020 linear feet of 42” diameter potable water pipeline, which is the continuation of our master planned water system. Two types of pipe materials were bid in order to ensure competiveness; the first type was bar wrapped concrete cylinder pipe and the other material was C200 polyurethane coated steel pipe. The bar wrapped pipe proved to be most competitive. The notice to proceed is anticipated to be issued in September 2018, with a contractual obligation of completion by March 2019. Budget Impact: The cost of this project is $1,720,684.19 if constructed by boring under Coleman Street, which is budgeted in the FY 2017-2018 CIP Budget. Town staff is currently discussing with TxDOT the possibility of installation of the pipeline under Coleman Street by open cut vs. boring. Staff anticipates receiving written authorization for open cutting on Coleman Street within the next two weeks, at which time staff will execute a deductive change order that reduces the contract to $1,602,904.19. The project will be funded from account 760-6610-10-00-1716WA. 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. Construction Agreement Prosper is a place where everyone matters. ENGINEERING Item 16 Town Staff Recommendation: Town staff recommends awarding Bid No. 2018-79-B to S.J. Louis Construction of Texas, Ltd. related to construction services for the Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) project; and authorizing the Town Manager to execute a construction agreement for the same. Proposed Motion: I move to award Bid No. 2018-79-B to S.J. Louis Construction of Texas, Ltd. related to construction services for the Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) project; and authorizing the Town Manager to execute a construction agreement for the same. Item 16 Location Map: 42” Lower Pressure Plan Waterline Item 16 TO W N O F P R O S P E R BI D T A B U L A T I O N S U M M A R Y Bi d N o . 2 0 1 8 - 7 9 - B L o w e r P r e s s u r e W a t e r L i n e ( B N S F R a i l r o a d t o P r e s t o n R o a d ) Bi d O p e n i n g : 0 7 / 2 4 / 2 0 1 8 a t 1 0 : 0 0 A M T o t a l B i d ( A + B + D ) T o t a l B i d ( A + B + E ) T o t a l B i d ( A + C + D ) T o t a l B i d ( A + C + E ) S. J . L o u i s C o n s t r u c t i o n o f T e x a s , L t d $ 1 , 7 2 0 , 6 8 4 . 1 9 $ 1 , 6 0 2 , 9 0 4 . 1 9 $ 1 , 8 3 4 , 3 3 5 . 1 9 $ 1 , 7 1 6 , 5 5 5 . 1 9 Vi l h a u e r E n t e r p r i s e s , L L C $ 1 , 7 8 4 , 9 9 6 . 0 0 $ 1 , 7 5 1 , 8 2 5 . 0 0 No B i d No Bid Co n d i e C o n s t r u c t i o n C o . , I n c . $ 1 , 8 3 7 , 8 9 3 . 0 0 $ 1 , 7 2 5 , 9 9 3 . 0 0 $ 1 , 9 6 3 , 3 0 1 . 0 0 $ 1 , 8 5 1 , 4 0 1 . 0 0 Mo u n t a i n C a s c a d e o f T e x a s , L L C $ 1 , 8 5 0 , 7 0 6 . 0 0 $ 1 , 7 1 7 , 1 5 2 . 0 0 No B i d No Bid Le g e n d s U n d e r g r o u n d U t i l i t i e s , I n c . $ 1 , 9 0 1 , 8 9 7 . 0 0 $ 1 , 7 9 7 , 0 4 7 . 0 0 $ 2 , 2 0 7 , 5 7 9 . 0 0 $ 2 , 1 0 2 , 7 2 9 . 0 0 Fl o w - L i n e C o n s t r u c t i o n , I n c . $ 2 , 0 9 9 , 2 9 5 . 0 0 $ 2 , 0 1 3 , 2 4 9 . 0 0 $ 2 , 1 5 0 , 2 4 2 . 0 0 $ 2 , 0 6 4 , 1 9 6 . 0 0 Ma r i o S i n a c o l a & S o n s E x c a v a t i n g , I n c . $ 2 , 1 7 3 , 9 0 9 . 0 0 $ 2 , 0 4 5 , 6 5 9 . 0 0 No B i d No Bid Qu a l i t y E x c a v a t i o n , L t d . $ 2 , 1 9 2 , 9 9 4 . 9 2 $ 2 , 1 5 9 , 9 3 4 . 9 2 $ 1 , 9 1 4 , 7 4 5 . 9 2 $ 1 , 8 8 1 , 6 8 5 . 9 2 Ve n u s C o n s t r u c t i o n $ 2 , 2 7 5 , 3 1 2 . 0 0 $ 2 , 1 3 0 , 6 6 7 . 0 0 $ 2 , 2 4 7 , 8 7 9 . 0 0 $ 2 , 1 0 3 , 2 3 4 . 0 0 Ca n a r y C o n s t r u c t i o n , I n c . $ 2 , 3 3 5 , 1 7 8 . 0 0 $ 2 , 3 2 2 , 1 5 8 . 0 0 $ 2 , 6 2 9 , 1 0 3 . 0 0 $ 2 , 6 1 6 , 0 8 3 . 0 0 At k i n s B r o t h e r s E q u i p m e n t C o m p a n y , I n c . $ 3 , 1 8 0 , 1 4 9 . 0 0 $ 3 , 0 3 5 , 0 9 9 . 0 0 $ 3 , 3 7 6 , 0 9 9 . 0 0 $ 3 , 2 3 1 , 0 4 9 . 0 0 Jo e F u n k C o n s t r u c t i o n , I n c . $ 3 , 8 2 9 , 9 2 0 . 9 0 $ 3 , 6 8 1 , 0 8 1 . 3 0 $ 4 , 8 4 8 , 8 6 0 . 9 0 $ 4 , 7 0 0 , 0 2 1 . 3 0 Ce r t i f i e d B y : J a n u a r y M . C o o k , C P P O , C P P B Date: 07/24/2018 Pu r c h a s i n g A g en t To w n o f P r o s p e r , T e x a s ** Al l b i d s / p r o p o s a l s s u b m i t t e d f o r t h e d e s i g n a t e d pr o j e c t a r e r e f l e c t e d o n t h i s t a b u l a t i o n s h e e t . H o w e v e r , t h e l i s t i n g o f t h e b i d / p r o p o s a l o n t h i s t a b u l a t i o n s h e e t s h a l l n o t b e co n s t r u e d a s a c o m m e n t o n t h e r e s p o n s i v e n e s s o f s u c h b i d / p r o p o s a l o r a s a n y i n d i c a t i o n t h a t t h e a g e n c y a c c e p t s s u c h b i d / p r o p o s a l a s b e i n g r e s p o n s i v e . The a g e n c y w i l l m a k e a d e t e r m i n a t i o n a s t o t h e r e s p o n s i v e n e s s o f t h e v e n d o r r e s p o n s e s s u b m i t t e d b a s e d u p o n c o m p l i a n c e w i t h a l l a p p l i c a b l e l a w s , p u r c h a s i n g g u i d e l i n e s a n d p r o j e c t d o c u m e n t s , in c l u d i n g b u t n o t l i m i t e d t o t h e p r o j e c t s p e c i f i c a t i o n s a n d c o n t r a c t d o c u m e n t s . T h e a g e n c y w i l l n o t i f y t h e s u c c e s s f u l v e n d o r u p o n a w a r d o f t h e c o n t r ac t a n d , a s a c c o r d i n g t o t h e la w , a l l b i d / p r o p o s a l r e s p o n s e s r e c e i v e d w i l l b e a v a i l a b l e f o r i n s p e c t i o n a t t h a t t i m e . Item 16 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) BID NO. 2018-79-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang Jr, Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager CONSULTANT Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 6136 Frisco Square Blvd., Ste. 200 Frisco, TX 75034 (972) 624-9201 6/22/2018 Item 16 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 1 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1 LEGAL NOTICE .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ...................................................................................... 4 BID PROPOSAL FORM .................................................................................................. 5 BID BOND ..................................................................................................................... 11 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 13 CONSTRUCTION AGREEMENT .................................................................................. 14 PERFORMANCE BOND ............................................................................................... 27 PAYMENT BOND.......................................................................................................... 30 MAINTENANCE BOND ................................................................................................. 33 GENERAL CONDITIONS .............................................................................................. 36 SPECIAL CONDITIONS……………………………………………………………………………..52 DIVISION 00 CONTRACT DOCUMENTS Section 00 43 00 Wage Rates DIVISION 01 GENERAL REQUIREMENTS Section 01 11 00 Summary of Work 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 31 13 Project Coordination 01 31 13.13 Forms 01 32 16 Construction Progress Schedule 01 32 34 Video and Photographic Documentation 01 33 00 Submittal Procedures 01 33 00.01 Table of Required Submittals 01 40 00 Quality Requirements 01 45 16.16 Hydrostatic Testing 01 57 00 Temporary Controls 01 70 00 Execution and Close Out Requirements 01 78 23 Operations and Maintenance Data DIVISION 03 CONCRETE Section 03 30 53 Miscellaneous Cast-In-Place Concrete 03 40 00 Precast Concrete Manholes DIVISION 09 FINISHES Section 09 96 00 High Performance Coatings 09 97 16 Pipeline Coatings and Linings Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 2 DIVISION 26 ELECTRICAL Section 26 42 13 Galvanic Anode Cathodic Protection for Underground Piping DIVISION 31 EARTHWORK Section 31 05 13 Soils for Earthwork 31 11 00 Clearing and Grubbing 31 23 23.34 Flowable Fill 31 23 33.14 Trench Safety 31 23 33.16 Trenching and Backfill 31 25 13.13 Seeding for Erosion Control DIVISION 33 UTILITIES Section 33 05 01.02 Ductile Iron Pipe and Fittings 33 05 01.05 Bar-Wrapped Concrete Cylinder Pipe and Fittings 33 05 23.33 Pipeline Crossing 33 10 13 Disinfecting Water Utility Distribution Systems 33 11 13.13 Steel Pipe and Fittings 33 12 16.13 Miscellaneous Valves and Appurtenances 33 12 16.16 Air Release and Air and Vacuum Valves 33 12 16.26 Butterfly Valve APPENDIX A – GEOTECHNICAL REPORT Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 3 LEGAL NOTICE The Town of Prosper is accepting sealed bids for Bid No. 2018-79-B Lower Pressure Plane Water Line (BNSF Railroad to Preston Road). Bids will be accepted until 2:00 P.M. on Thursday, July 19, 2018 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for constructing of approximately 4,000 linear feet of 42” pipeline. Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%) of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Development Services, 409 E First, Prosper, TX 75078, (972) 346-3502 without charge. These documents may be acquired from that office for the non-refundable purchase price of $25 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, July 13, 2018, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 4 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, July 19, 2018. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and Bid No. 2018-79-B, Lower Pressure Plane Water Line (BNSF Railroad to Preston Road). 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Development Services 409 E First Street Prosper TX. 75078 Phone: 972-569-1099 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 6. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, July 13, 2018 at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A non-mandatory pre-bid meeting will be held for this project at 10:00am on Tuesday, July 10, 2018 in the Town Annex Conference Room 151 S. Main St. Prosper, Texas 75078. Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 13 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 Company (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.” Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 14 &216758&7,21$*5((0(17 THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between S.J. Louis Construction of Texas, Ltd., a Texas Limited Partnership,(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: /2:(535(6685(3/$1(:$7(5/,1( %16)5$,/52$'7235(672152$'  %,'12% 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. $ &RQWUDFW'RFXPHQWVDQG2UGHURI3UHFHGHQFH 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; Item 16 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. % 7RWDORI3D\PHQWV'XH&RQWUDFWRU 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 One Million Seven Hundred Twenty Thousand Six Hundred Eighty-Four 'ROODUV DQGnineteenFHQWV 1,720,684.19 This amount is subject to adjustment by change order in accordance with the Contract Documents. & 'DWHVWR6WDUWDQG&RPSOHWH:RUN 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  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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tem 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 16 '$0$*(7225/2662)86(2)$1<3523(57<2&&$6,21('%<(552520,66,21 25 1(*/,*(17 $&7 2) &2175$&725 ,76 68%&2175$&7256 $1< 2)),&(56 $*(17625(03/2<((62)&2175$&72525$1<68%&2175$&7256,19,7((6$1' $1< 27+(5 7+,5' 3$57,(6 25 3(56216 )25 :+20 25 :+,&+ &2175$&725,6 /(*$//< 5(63216,%/( ,1 $1< :$< $5,6,1* 287 2) 5(/$7,1* 72 5(68/7,1* )520 25 ,1 &211(&7,21 :,7+ 7+( 3(5)250$1&( 2) 7+,6 &2175$&7 $1' &2175$&725:,//$7+,625+(52:1&267$1'(;3(16('()(1'$1'3527(&7 72:12)35263(5 2:1(5 )520$1<$1'$//68&+&/$,06$1''(0$1'6 &2175$&725 '2(6 +(5(%< $*5(( 72 :$,9( $// &/$,06 5(/($6( ,1'(01,)<'()(1'$1'+2/'+$50/(6672:12)35263(5 2:1(5 72*(7+(5 :,7+,760$<25$1'72:1&281&,/$1'$//2),762)),&,$/62)),&(56$*(176 $1' (03/2<((6 )520 $1' $*$,167 $1< $1' $// &,7$7,216 &/$,06 &2676 '$0$*(6 '(0$1'6 (;3(16(6 ),1(6 -8'*0(176 /,$%,/,7< /266(6 3(1$/7,(668,7625&$86(62)$&7,212)(9(5<.,1',1&/8',1*$//(;3(16(6 2) /,7,*$7,21 $1'25 6(77/(0(17 &2857 &2676 $1' $77251(<6 )((6)25 ,1-85<25'($7+2)$1<3(562125)25/2662)'$0$*(67225/2662)86( 2)$1<3523(57<$5,6,1*2872)25,1&211(&7,21:,7+7+(3(5)250$1&(2) 7+,6&2175$&768&+,1'(01,7<6+$//$33/<:+(7+(57+(&,7$7,216&/$,06 &2676 '$0$*(6 '(0$1'6 (;3(16(6 ),1(6 -8'*0(176 /,$%,/,7< /266(6 3(1$/7,(668,7625&$86(62)$&7,21$5,6(,1:+2/(25,13$57)5207+( 1(*/,*(1&(2)7+(72:12)35263(5 2:1(5 ,760$<25$1'72:1&281&,/ 2)),&(562)),&,$/6$*(17625(03/2<((6,7,67+((;35(66,17(17,212)7+( 3$57,(6 +(5(72 7+$7 7+( ,1'(01,7< 3529,'(' )25 ,1 7+,6 3$5$*5$3+ ,6 ,1'(01,7< %< &2175$&725 72 ,1'(01,)< $1' 3527(&7 72:1 2) 35263(5 2:1(5  )520 7+( &216(48(1&(6 2) 72:1 2) 35263(5¶6 2:1(5 6  2:1 1(*/,*(1&(:+(7+(57+$71(*/,*(1&(,6$62/(25&21&855,1*&$86(2) 7+(,1-85<'($7+25'$0$*( ,1$1<$1'$//&/$,06$*$,167$1<3$57<,1'(01,),('+(5(81'(5%<$1< (03/2<(( 2) 7+( &2175$&725 $1< 68%&2175$&725 $1<21( ',5(&7/<25 ,1',5(&7/<(03/2<('%<$1<2)7+(025$1<21()25:+26($&76$1<2)7+(0 0$<%(/,$%/(7+(,1'(01,),&$7,212%/,*$7,21+(5(,13529,'('6+$//127%( /,0,7(',1$1<:$<%<$1</,0,7$7,21217+($02817257<3(2)'$0$*(6 &203(16$7,2125%(1(),763$<$%/(%<25)257+(&2175$&72525$1<68% &2175$&72581'(5:25.0(1 6&203(16$7,212527+(5(03/2<((%(1(),7 $&76 ,1'(01,),(',7(066+$//,1&/8'($77251(<6 )((6$1'&2676 &2857 &2676$1'6(77/(0(17&2676,1'(01,),(',7(066+$//$/62 ,1&/8'($1< (;3(16(6 ,1&/8',1* $77251(<6  )((6 $1' (;3(16(6 ,1&855(' %< $1 ,1'(01,),(',1',9,'8$/25(17,7<,1$77(037,1*72 (1)25&(7+,6,1'(01,7< 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 17 (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.) ( ,QVXUDQFH5HTXLUHPHQWV 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: LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) Bid No. 2018-79-B Town of Prosper Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 18 (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. ):RUNHUV &RPSHQVDWLRQ,QVXUDQFH&RYHUDJH 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 19 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 20 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 21 * 3HUIRUPDQFH3D\PHQWDQG0DLQWHQDQFH%RQGV 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. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two- year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. + 3URJUHVV3D\PHQWVDQG5HWDLQDJH 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; Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 22 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 W ork 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. , :LWKKROGLQJ3D\PHQWVWR&RQWUDFWRU 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 23 - $FFHSWDQFHRIWKH:RUN 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. . $FFHSWDQFHRI(URVLRQ&RQWURO0HDVXUHV 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. / )LQDO3D\PHQW 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 24 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. 0 &RQWUDFWRU¶V:DUUDQW\ 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 25 The Owner may make as many warranty inspections as it deems appropriate. 1 &RPSOLDQFHZLWK/DZV 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. 2 2WKHU,WHPV 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. 7+( &2175$&725 $*5((6 7+$7 ,7 6+$// +$9( 12 &/$,025 &$86( 2) $&7,21 2) $1< .,1' $*$,167 2:1(5 ,1&/8',1* $ &/$,0 )25 %5($&+ 2) &2175$&7 125 6+$// 7+( 2:1(5 %( 5(48,5(' 72 3(5)250 81'(5 7+( &2175$&7 '2&80(176 817,/ 7+( '$7( 7+( 2:1(5 '(/,9(56 72 7+( &2175$&725 $ &23< 2) 7+( &216758&7,21 $*5((0(17 %($5,1* 7+( 6,*1$785(6-86763(&,),(' 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 26 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. LTD 72:12)35263(57(;$6 By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: Phone: Fax: Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary S.J. LOUIS CONSTRUCTION OF TEXAS, 520 S. 6th Ave. Mansfield, Texas 76063 (817) 477-0320 ( ) Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 27 3(5)250$1&(%21' 67$7(2)7(;$6   &2817<2)&2//,1  .12:$//0(1%<7+(6(35(6(176 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 72:12)35263(5, 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. 7+(2%/,*$7,21723$<6$0( is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: /2:(535(6685(3/$1(:$7(5/,1( %16)5$,/52$'7235(672152$'  %,'12% 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. 12:7+(5()25(, 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 14th August 18 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 28 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 3529,'(')857+(5, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. $1'3529,'(')857+(5, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: 35,1&,3$/: ___________________________________ 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 [6LJQDWXUHVFRQWLQXHGRQIROORZLQJSDJH] Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 29 ATTEST: 685(7<: 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: 127(: Date on 3DJH of Performance Bond must be VDPHGDWHDV&RQWUDFW. Date on 3DJH  of Performance Bond must be DIWHUGDWHRI&RQWUDFW. If Resident Agent is not a corporation, give a person’s name. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 30 3$<0(17%21' 67$7(2)7(;$6   &2817<2)&2//,1  .12: $// 0(1 %< 7+(6( 35(6(176 That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the 72:12)35263(5, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. 7+(2%/,*$7,21723$<6$0( is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day of _________________, A.D. 20___, a copy of which is attac hed hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: /2:(535(6685(3/$1(:$7(5/,1( %16)5$,/52$'7235(672152$'  %,'12% 12:7+(5()25(, 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. 3529,'(')857+(5, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. $1'3529,'(')857+(5, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 14thAugust18 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 31 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. ,1:,71(66:+(5(2), this instrument is executed in six copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: 35,1&,3$/: ___________________________________ 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 [6LJQDWXUHVFRQWLQXHGRQIROORZLQJSDJH] Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 32 ATTEST: 685(7<: 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: 127(: Date on 3DJH of Performance Bond must be VDPHGDWHDV&RQWUDFW. Date on 3DJH  of Performance Bond must be DIWHUGDWHRI&RQWUDFW. If Resident Agent is not a corporation, give a person’s name. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 33 0$,17(1$1&(%21' 67$7(2)7(;$6   &2817<2)&2//,1  .12:$//0(1%<7+(6(35(6(176That _______________________________ 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 72:12)35263(5, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (ten percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: :+(5($6 Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: /2:(535(6685(3/$1(:$7(5/,1( %16)5$,/5$2'7235(672152$'  %,'12% 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: :+(5($6 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. 12:7+(5()25( 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. 14th August 18 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 34 3529,'(' KRZHYHUWKDW3ULQFLSDOKHUHE\KROGVKDUPOHVVDQGLQGHPQLILHV2ZQHU IURPDQGDJDLQVWDQ\FODLPRUOLDELOLW\IRUSHUVRQDOLQMXU\RUSURSHUW\GDPDJHFDXVHGE\ DQGRFFXUULQJGXULQJWKHSHUIRUPDQFHRIVDLGPDLQWHQDQFHDQGUHSDLURSHUDWLRQ 3529,'(' further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. $1'3529,'(')857+(5 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in six copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: 35,1&,3$/: ___________________________________ 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 [6LJQDWXUHVFRQWLQXHGRQIROORZLQJSDJH] Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 35 ATTEST: 685(7<: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 36 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 37 WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 38 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 39 with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 40 part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 41 (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 42 The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 43 may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 44 $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 45 The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 46 the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 47 from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 48 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. The OWNER 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 49 CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 50 compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 51 The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the 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 Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 52 include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other 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. Item 16 LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 2018-79-B PAGE 53 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-79-B LOWER PRESSURE PLANE WATER LINE (BNSF RAILROAD TO PRESTON ROAD) 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: Clayton C. Barnard, P.E., Freese and Nichols, Inc., 5805 Main Street Suite B, Frisco TX 75034. Item 16 Item 16 DIVISION 00 BIDDING AND CONTRACT REQUIREMENTS Item 16 Item 16 Wage Rates 00 43 43 - 1 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 00 43 43 WAGE RATES 1.00 GENERAL 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. 1.02 RECORDS A. In accordance with Tex. Gov’t Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov’t Code §2258.003 – Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov’t Code §2258.053(b) – Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov’t Code §2258.058 – Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov’t Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed six months; or c. Both a fine and confinement. 1.04 PREVAILING WAGE RATES A. Prevailing wage rates shall not be less than (1) the federally determined prevailing wage rates as issued by the U.S. Department of Labor, or (2) the prevailing wages for Colling County as published by The Associate General Contractors of Texas, whichever rate is higher. Notwithstanding the foregoing prevailing wage rates, Bidder shall base bids on the wage rates Bidder expects to pay, and if in excess of those rates listed, the Town will not Item 16 Wage Rates 00 43 43 - 2 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) consider claims for extra payment on account of payment of wages higher than those required. END OF SECTION Item 16 DIVISION 01 GENERAL REQUIREMENTS Item 16 Item 16 Summary of Work 01 11 00 - 1 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 01 11 00 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct Work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the Project completely and fully operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project. 3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation and all other Work required for a complete and operable Project. 4. Test and place the completed Project in operation. 5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in Contract Documents for the operation and maintenance of the Project. 6. Install Owner provided products and place in operation. 7. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. 1.02 JOB CONDITIONS A. The General Conditions, the Supplementary Conditions, and General Requirements apply to each Section of the Specifications. B. Comply with all applicable state and local codes and regulations pertaining to the nature and character of the Work being performed. 1.03 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. Construction of approximately 4,020 LF of 42” potable water pipeline. 2. Once pipeline has passed testing and been disinfected, it should be drained prior to completion of construction. 1.04 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this Contract, but may impact construction scheduling, testing, and startup: 1. Construction of Proposed Lovers Lane. B. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his Bid on the most expensive listing. C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above. Item 16 Summary of Work 01 11 00 - 2 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 1. Coordinate construction activities through the Owner. 2. Pay claims for damages which result from the late completion of the Project or any specified Milestones. 1.05 OCCUPANCY A. As soon as any portion of the structure and equipment are ready for use, the Owner shall have the right to occupy or operate that portion upon written notice to the Contractor. B. Testing of equipment and appurtenances including specified test periods, training, and startup does not constitute acceptance for operation. C. Owner may accept the facility for continued use after startup and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved Operation and Maintenance procedures. D. The execution of bonds is understood to indicate the consent of the surety to these provisions. E. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction. F. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials and products per the individual Sections of the Specifications. END OF SECTION Item 16 Payment Procedures 01 29 00 - 1 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 01 29 00 PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Payments for Work shall conform to the provisions of the General Conditions, the Supplementary Conditions, the Agreement, and this Section. B. Submit Applications for Payment at the amounts indicated in the Agreement: 1. Amounts for each item in the Agreement shall include but not be limited to cost for: a. Mobilization, demobilization, cleanup, bonds, and insurance. b. Professional services including but not limited to engineering and legal fees. c. The products to be permanently incorporated into the Project. d. The products consumed during the construction of the Project. e. The labor and supervision to complete the Project. f. The equipment, including tools, machinery, and appliances required to complete the Project. g. The field and home office administration and overhead costs related directly or indirectly to the Project. h. Any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures; removal and replacement of any poles, conduits, pipelines, fences, appurtenances and connections, cleaning up, overhead expense, bond, public liability and compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified. 2. Provide Work not specifically set forth as an individual payment item but required to provide a complete and functional system. These items are a subsidiary obligation of the Contractor and are to be included in the Cost of Work. 3. Payment will be made for materials on hand. a. Store materials properly on Site per Section 01 31 00 “Project Management and Coordination.” 1). Payment will be made for the invoice amount less the specified retainage. 2). Provide invoices at the time materials are included on the materials-on-hand tabulation. b. Provide documentation of payment for materials-on-hand with the next payment request. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the materials on hand tabulation if this documentation is not provided so payment will not be made. c. Payment for materials-on-hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. Item 16 Payment Procedures 01 29 00 - 2 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 4. The Work covered by progress payments becomes the property of the Owner at the time of payment. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed Schedule of Values for the Work to be performed on the project. 1. Submit schedule within 10 days prior to submitting the first Application for Payment. 2. Line items in the Agreement are to be used as line items in the schedule. 3. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. a. Payment amount is the Work quantity measured multiplied by the unit prices for that line item in the Agreement. b. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. c. Partial payments will be made for lump sum line items in the Agreement. 1). Lump sum line items in the Agreement are to be divided into smaller unit prices to allow more accurate determination of the percentage of the item that has been completed. a). Provide adequate detail to allow more accurate determination of the percentage of Work completed for each item. b). Provide amounts for items that do not exceed $50,000.00. An exception may be made for equipment packages that cannot be subdivided into units or subassemblies. c). Separate product costs and installation costs. (1). Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the Subcontractor or Supplier. (2). Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and overhead and profit. d). Lump sum items may be divided into an estimated number of units. (1). The estimated number of units times the cost per unit must equal the lump sum amount for that line item. (2). Payment will be made for all of the lump sum line item amount. e). Include a directly proportional amount of overhead and profit for each line item. f). Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of Work completed for each item. 2). These line items may be used to establish the value of Work to be added or deleted from the Project. Item 16 Payment Procedures 01 29 00 - 3 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 3). Correlate line items with other administrative schedules and forms: a). Progress schedule. b). List of Subcontractors. c). Schedule of allowances. d). Schedule of alternatives. e). List of products and principal Suppliers. f). Schedule of Submittals. 4). Costs for mobilization are to be listed as a separate line item and includes the actual cost for: a). Bonds and insurance. b). Transportation and setup for equipment. c). Transportation and/or erection of all field offices, sheds and storage facilities. d). Salaries for preparation of submittals required before the first Application for Payment. e). Salaries for field personnel assigned to the Project related to the mobilization/demobilization of the Project. (1). Mobilization may not exceed 3 percent of the total Contract amount. Cost for mobilization may be submitted only for Work completed. 5). The sum of all values listed in the schedule must equal the total Contract amount. 4. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. Schedule shall indicate: a. The Application for Payment number. b. Date the request is to be submitted. c. Anticipated amount of payment to be requested. 5. Update the Schedule of Values quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment to the Contractor for the Work performed. B. Provide written approval of the Schedule of Values, Application for Payment form, and method of payment by the Surety Company providing performance, and bonds prior to submitting the first Application for Payment. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Submit Applications for Payment per the procedures indicated in Section 01 33 00 “Submittal Procedures.” Submit a Schedule of Values in the Application for Payment format to be used. Item 16 Payment Procedures 01 29 00 - 4 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) B. Applications for Payment may be submitted on a pre-printed form as indicated in Section 01 31 13.13 “Forms” or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer. 1. Indicate the total contract amount and the Work completed to date on the Tabulation of Values for Original Contract Performed (Attachment “A.”). 2. Include only approved Change Order items in the Tabulation of Extra Work on Approved Change Orders (Attachment “B.”). 3. List all materials on hand that are presented for payment on the Tabulation of Materials on Hand (Attachment “C.”) Once an item has been entered on the tabulation it is not to be removed. 4. Include the Project Summary Report (Attachment “D”) with each Application for Payment. Data included in the Project Summary Report are to be taken from the other tabulations. Include a completed summary as indicated in with each Applications for Payment submitted. a. Number each application sequentially and indicate the payment period. b. Show the total amounts for value of original Contract performed, extra Work on approved Change Orders, and materials on hand on the Project Summary Report. Show total amounts that correspond to totals indicated on the attached tabulation for each. c. Note the number of pages in tabulations in the blank space on the Project Summary Report to allow a determination that all sheets have been submitted. d. Execute Contractor’s certification by the Contractor’s agent of authority and notarize for each Application for Payment. 5. Do not alter the schedule of values and the form for the submission of requests without the written approval of the Engineer once these have been approved by the Engineer. 6. Final payment requires additional procedures and documentation per Section 01 70 00 “Execution and Closeout Requirements.” C. Progress payments shall be made as the Work progresses on a monthly basis. 1. End the payment period on the day indicated in the Agreement and submit an Application for Payment for Work completed and materials received since the end of the last payment period. 2. At the end of the payment period, submit a draft copy of the Application for Payment for that month to the Engineer. Agreement is to be reached on: a. The percentage of Work completed for each lump sum item. b. The quantity of Work completed for each unit price item. c. The percentage of Work completed for each approved Change Order item. d. The amount of materials-on-hand. 3. On the basis of these agreements the Contractor is to prepare a final copy of the Application for Payment and submit it to the Engineer for approval. Item 16 Payment Procedures 01 29 00 - 5 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 4. The Engineer will review the Application for Payment and if appropriate will recommend payment of the application to the Owner. D. Provide a revised and up-to-date Progress Schedule per Section 01 32 16 “Construction Progress Schedules” with each Application for Payment. E. Provide project photographs and video per Section 01 32 34 “Video and Photographic Documentation” with each Application for Payment. 1.04 ALTERNATES AND ALLOWANCES A. Include amounts for specified Alternate Work in the Agreement in accordance with Section 01 23 10 “Alternates and Allowances.” B. Include amounts for specified Allowances for Work in the Agreement in accordance with Section 01 23 10 “Alternates and Allowances.” 1.05 MEASUREMENT PROCEDURES A. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number and weight, unless otherwise specifically provided. No extra or customary measurements of any kind will be allowed. 1.06 BASIS OF PAYMENT A. The Basis of Payment will be as established in the Contract Documents and as described below: BID ITEM 1 AND A1 – PIPELINE BID ITEM 1 – AWWA C303 BAR WRAPPED CONCRETE CYLINDER PIPE AND BID ITEM A1 – AWWA C200 POLYURETHANCE COATED STEEL PIPE Measurement for bar wrapped concrete cylinder or polyurethane coated steel pipe shall be per linear foot of pipe installed for the nominal diameter and at the pressure classes listed in the Proposal and shown on the Contract Drawings measured horizontally from center of fitting to center of fitting or end of pipe without any deduction for the length of intermediate fittings, specials or valves. Payment made at the unit price bid for this item shall be for pipe and fittings as shown on the Contract Drawings. Payment for this bid item shall be made only for pipe having the pressure classes shown on the Contract Drawings. Payment will not be made for a different pressure class unless approved by the Owner. Payment shall include furnishing, hauling and laying of pipe and fittings; fittings required for filling, draining, and disinfecting the pipeline; 4” outlets for welding leads, as required; trench excavation, shoring and pumping where necessary; backfilling of trench, including embedment material; clay collars; dirt road or driveway replacement; replacement of topsoil; replacing landscaping to a condition as good or better than existed prior to construction; protecting or replacing existing structures and utilities; relocation of existing utilities, including but not limited to water service connections, power poles and guy wires, buried electric service, buried telephone cable, buried fiber optic cable, etc.; protecting or replacing existing irrigation and sprinkler systems; disposal of surplus materials; Item 16 Payment Procedures 01 29 00 - 6 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) constructing, maintaining and removing temporary fencing; cleaning up and maintenance; removal and replacement of existing barbed wire, chain link, pipe rail, wood or other type of fence; removal and replacement of brick, masonry, wood, or any other type of driveway entrance; installing new pavement markings as required; sign removal and replacement; mailbox replacement; surveying and replacement of monuments; dust control; removal of mud from roadways; installation of pipeline markers; as-built top-of-pipe survey; hydrostatic testing, disinfection, and draining of line; temporary traffic control as required and any incidental work and materials not otherwise provided for in this Section, all in strict accordance with the Contract Drawings and Project Specifications. Construction and maintenance of required access roadways and driveways and test plugs used for testing the line shall also be included in the unit price bid for pipe. Payment for pipe shall include any and all extra precautions or construction requirements necessary to adequately protect and support existing utilities and relocate existing utilities as necessary for construction of main line pipe. The Contractor is responsible for all fees assessed by utility companies to provide utility support for existing utility lines, at no additional cost to the Owner. Payment shall include all costs required to have utility companies repair any damage to their lines caused by the Contractor’s activities and any cleanup, property damages, fines, etc., resulting from damage caused by the Contractor to any utility. Pipe installation will be paid for in accordance with Specification Section 00520, AGREEMENT, Article 6. No separate payment will be made for rock excavation, and the cost thereof shall be included in unit price bid. The Contractor is not responsible for crop damage inside the permanent and temporary easement. The Contractor is responsible for any crop or other property damage outside the easement, caused by his operation, and shall negotiate a settlement with the landowner that will ensure that no claim will be filed against the Owner. All special easement requirements as listed on the Contract Drawings or in the Project Specifications shall be made incidental to this bid item. If an existing utility, sidewalk or structure is damaged or must be relocated for construction, the cost of the repair or relocation shall be borne by the Contractor. BASE BID BID ITEM 2 – 60” x 1x2” STEEL CASING BY BORE Payment for tunneled crossings shall be made at the unit price bid per linear foot for each of the crossings identified in the Bid Proposal, in accordance with the details shown in the Contract Drawings. Payment for crossing shall include all costs for pits or shafts as required to construct the tunnel, bulkheads, liner plate, guide rails, casing spacers, special backfill, grouting, end seals, special insurance, flagmen, and all other items for the crossing as shown on the Contract Drawings and required for installation. Payment for the carrier pipe inside the casing is not included in this bid item. BID ITEM 3 – 60” x 1x2” STEEL CASING BY OPEN CUT Payment for tunneled crossings shall be made at the unit price bid per linear foot for each of the crossings identified in the Bid Proposal, in accordance with the details shown in the Item 16 Payment Procedures 01 29 00 - 7 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) Contract Drawings. Payment for crossing shall include all costs for pits or shafts, casing spacers, welding, special backfill, mechanically restrained joints, end seals, special insurance, flagmen and all other items for the crossing as shown on the Contract Drawings and required for installation. Payment for the carrier pipe inside the casing is not included in this bid item. BID ITEM 4 – TRENCH SAFETY The price bid per linear foot for this item shall be full compensation for trench safety as outlined in the Specifications. The Contractor shall estimate the quantity for trench safety and include that estimate in the Proposal. In no case shall the estimated quantity be less than 3,754 linear feet. Partial payment for trench safety shall be based on the total linear footage of pipe installed and backfilled. BID ITEM 5 – FLOWABLE FILL Flowable fill encasement as detailed in the typical section shall be paid for at the unit price bid per linear foot for the item “Flowable Fill Encasement” for areas specifically shown on the Contract Drawings. Measurement will be per horizontal linear foot trench requiring flowable fill. The trench dimensions for the flowable fill payment shall be as detailed on the Contract Drawings and no additional compensation will be made for flowable fill quantities resulting from over excavated trenches. Flowable Fill required within connection detail limits as called for in the Contract Drawings is paid for in the Connection Detail Bid Items. BID ITEM 6 – ACCESS MANWAY (TYPE B MH) Access manholes shall be measured by the number of units complete in place. Payment shall be at the unit price bid for the size shown, and shall be full compensation for the assembly, including access outlet on main line, blind flange, concrete, manhole and lid, etc., all as specified and shown on the Contract Drawings. Type B manholes will be used where designated on the Contract Drawings. BID ITEM 7 – 4” COMBINATION AIR VALVE ASSEMBLY & MANHOLE (TYPE B MH) Air valves shall be measured by the number of units complete in place. Payment shall be at the unit price bid for the size shown, and shall be full compensation for the assembly, including all appurtenances, access outlet on main line, shut-off valve, concrete, manhole, etc., all as specified and shown on the Contract Drawings. Type B manholes shall be installed where designated on the Contract Drawings. Payment for the 4” ductile iron pipe and fittings outside of the concrete manhole is included in this bid item. BID ITEM 8 – 12” BLOWOFF VALVE ASSEMBLY & MANHOLE (TYPE B MH) Blowoff valves shall be measured by the number of units complete in place. Payment shall be at the unit price bid for the size shown, and shall be full compensation for the excavation, hauling, furnishing and jointing of valves, piping, fittings, blocking, concrete, manhole, etc., all as specified and shown on the Contract Drawings. Type B manholes shall be installed where designated on the Contract Drawings. Payment for all 12” ductile iron pipe and fittings outside of the concrete manhole, discharging into the nearest creek or ground surface at the elevation called for on the plans is paid for in this item. BID ITEM 9 – 42” BUTTERFLY VALVE & MANHOLE (TYPE B MH) Item 16 Payment Procedures 01 29 00 - 8 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) Butterfly valves shall be measured by the number of units complete in place. Payment shall be at the unit price bid for the size shown, and shall be full compensation for the assembly, including all appurtenances, concrete, manhole, flowable fill, etc., all as specified and shown on the Contract Drawings. BID ITEM 10 – CONNECT TO EXISTING 42” WATERLINE Payment for connection to the existing water line shall be at the unit bid price for each bid item. Payment shall be full compensation for installing all pipe, fittings, connection to existing lines, waterline shutdowns, disinfection, testing and all other items necessary to complete the work. Bid price for this item shall include all coordination, temporary blocking and restraint, adaptors, special, and fittings to make the connection at any time during the construction. BID ITEM 11 – REMOVE AND SALVAGE EXISTING 12” BLOWOFF VALVE ASSEMBLY AND REPLACE WITH 4” COMBINATION AIR VALVE ASSEMBLY Payment for the remove and salvage of gate valve, blind flange, appurtenances and pipe on the existing 42” water line. Payment for the combination air valve shall be at the unit price bid for the size shown, and shall be full compensation for the assembly, including all appurtenances, access outlet on main line, shut-off valve, concrete, manhole, etc., all as specified and shown on the Contract Drawings, Type B manholes shall be installed where designed on the Contract Drawings. Payment for 4” ductile iron pipe and fittings outside of the concrete manhole is included in this bid item. BID ITEM 12 – TESTING OF PIPELINE There will be no measurement for testing of the pipeline. Payment shall be made at the lump sum price bid, and shall include all materials necessary for hydrostatic testing BID ITEM 13 – SITE PREPARATION Payment shall be at a lump sum price bid and shall be full compensation for all site and right-of-way preparation including removal and protections of structures and utilities unless otherwise itemized in these bid documents. Item includes all utility location verification, grading, clearing and grubbing called out in Contract Drawings and as described in Section 31 11 00. BID ITEM 14 – SEEDING Payment for seeding shall be made at the unit price bid per acre, and shall include all materials and labor necessary to furnish and install a mix in compliance with Section 31 25 13.13 in areas indicated on the Contract Drawings and requested in writing by the Owner. Seeding and fertilizer shall be as specified in Section 31 25 13.13. BID ITEM 15 – STORM WATER POLLUTION PREVENTION PLAN Payment for SWPPP shall be made at the lump sum price bid, which cost shall include plan design and implementation for the duration of the project. Payment shall be allowed for 25% of the lump sum bid price upon receipt of the plan by the Owner. The remaining 75% of the lump sum bid price shall be paid in equal, monthly installments based on the time remaining to achieve substantial completion BID ITEM 16 – MOBLIZATION Item 16 Payment Procedures 01 29 00 - 9 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) Payment for mobilization shall be on a lump sum basis at the unit price allowed with a maximum of 5% of total amount bid. The amount shown in the proposal is the amount allowed to assist the Contractor in defraying the initial cost of operations. Partial payment for mobilization will be made as follows. Fifty (50%) percent of the lump sum amount is payable when bonds are furnished; the contract is executed; the certificate of insurance and insurance policies are provided; and the notice to proceed is issued. One hundred (100%) percent of the lump sum amount is payable upon completion of the above; the Contractor has set up his field office; mobilized all equipment to the site necessary to begin pipeline construction; and submitted his schedules. It is not intended that the lump sum amount allowed will cover all costs for bonds, insurance, mobilization, utility investigations, and other costs associated with project start-up. Cost in excess of the amount shown shall be included in the unit price bid for pipeline construction. BID ITEM 17 – CATHODIC PROTETION SYSTEM Payment for cathodic protection system shall be at the lump sum price bid and shall be full compensation for all labor, materials and equipment required to provide a complete and functioning system as required by the Contract Drawings and Project Specifications, including but not limited to 48-lb magnesium anodes for polyurethane coated steel pipe as called for in the specifications and 9-lb magnesium anodes at appurtenances for polyurethane coated steel pipe and bar-wrapped concrete cylinder pipe complete with test stations, insulating connections, and test station connections at foreign line crossings. Testing for electrical isolation of tunnels from carrier pipe before and after grouting shall also be included in the lump sum bid for this item. 2.00 PRODUCTS (NOT APPLICABLE) 3.00 EXECUTION (NOT APPLICABLE) END OF SECTION Item 16 Item 16 Project Management and Coordination 01 31 00 - 1 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 01 31 00 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish equipment, manpower, products, and other items necessary to complete the Project with an acceptable standard of quality and within the Contract time. Construct Project in accordance with current safety practices. B. Manage Site to allow access to Site and control construction operations. C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. D. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. E. Provide temporary controls for pollutions, management of water and management of excess earth as required in Section 01 57 00 “Temporary Controls.” F. Cost for Project Management and Coordination as described in this section are to be included in the Contract Price. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents as determined by the Engineer and Owner. B. Remove defective Work from the Site immediately unless provisions have been made and approved by the Engineer to allow repair of the product at the Site. Clearly mark the Work as "defective" until it is removed or allowable repairs have been completed. 1.03 SUBMITTALS A. Provide submittals in accordance with Section 01 33 00 “Submittal Procedures.” 1. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. Maintain one copy of these documents at the Site until the Project is complete. Incorporate this information into submittals. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 STANDARDS A. Perform Work to comply with local, State and Federal ordinances and regulations. B. Provide materials and equipment that has National Science Foundation 60/61 approval for use in potable water supply systems. Advise the Engineer of any material requirements in Item 16 Project Management and Coordination 01 31 00 - 2 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) these Contract Documents that conflict with National Science Foundation 60/61requirements. 1.05 PERMITS A. Obtain a building permit for the Project from the local authorities having jurisdiction. Building permit fees will be waived by the Owner. B. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license, including additional insurance requirements. C. Obtain and pay for all other necessary permits including any and all necessary highway, street and road permits for transporting pipe and/or heavy equipment necessary for construction of the Project. D. Obtain and pay for other permits necessary to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. 1.06 SAFETY REQUIREMENTS A. Assume sole responsibility for safety at the Site. Protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the Site. C. Comply with latest provisions of the Occupational Health and Safety Administration and other regulatory agencies in performing Work. D. Cooperate with accident investigations related to the Site. Provide two copies of all reports, including insurance company reports, if requested by the Owner, prepared concerning accidents, injury, or death on the Site to the Engineer as Record Data per Section 01 33 00 “Submittal Procedures.” 1.07 COORDINATION A. Coordinate the Work of various trades having interdependent responsibilities for installing, connecting to, and placing equipment in service. B. Coordinate requests for substitutions to provide compatibility of space, operating elements, effect on the Work of other trades, and on the Work scheduled for early completion. C. Coordinate the use of Project space and the sequence of installation of equipment, elevators, walks, mechanical, electrical, plumbing, or other Work that is indicated diagrammatically on the Drawings. 1. Follow routings shown for tubes, pipes, ducts, conduits, and other items as closely as practical, with due allowance for available physical space. 2. Utilize space efficiently to maximize accessibility for Owner’s maintenance and repairs. Item 16 Project Management and Coordination 01 31 00 - 3 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 3. Schematics are diagrammatic in nature. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document the actual routing on the Record Drawings. D. Conceal ducts, pipes, wiring, and other non-finish items in finished areas, except as otherwise shown. Coordinate locations of concealed items with finish elements. E. Coordinate with architectural reflected ceiling plans the exact location and dimensioning of items which occur within hung ceilings. Request clarification from the Engineer prior to proceeding with fabrication or installation if a conflict exists. F. Schedule construction activities in sequence required to obtain best results where installation of one part of the Work is dependent on installation of other components, either before or after its own installation. G. Make adequate provisions to accommodate items scheduled for later installation, including: 1. Accepted alternates. 2. Installation of products purchased with allowances. 3. Work by others. 4. Owner-supplied, Contractor-installed items. H. Sequence, coordinate, and integrate the various elements of mechanical, electrical, and other systems, materials, and equipment. Comply with the following requirements: 1. Coordinate mechanical and electrical systems, equipment, and materials installation with other building components. 2. Verify all dimensions by field measurements. 3. Arrange for chases, slots, and openings in other building components during progress of construction. 4. Coordinate the installation of required supporting devices and sleeves to be set in cast- in-place concrete and other structural components, as they are constructed. 5. Install systems, materials, and equipment as permitted by codes to provide the maximum headroom possible where mounting heights are not detailed or dimensioned. 6. Coordinate the connection of systems with exterior underground and overhead utilities and services. Comply with the requirements of governing regulations, franchised service companies, and controlling agencies. Provide required connection for each service. 7. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to the greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document changes in the indicated routings on the Record Drawings. 8. Install systems, materials, and equipment level and plumb, parallel and perpendicular to other building systems and components. Item 16 Project Management and Coordination 01 31 00 - 4 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 9. Install systems, materials, and equipment to facilitate servicing, maintenance, and repair or replacement of components. As much as practical, connect for ease of disconnecting, with minimum of interference with other installations. Extend grease fittings to accessible locations. 10. Install access panel or doors where units are concealed behind finished surfaces. 11. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope. 1.08 CONTRACTOR’S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the Engineer. Coordinate the use of the premises with the Engineer. B. Repair or correct any damage to existing facilities, including contamination, caused by the Contractor’s personnel, visitors, materials, or equipment. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in Section 01 57 00 “Temporary Controls.” E. Park employees’ vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner’s property, rights-of-way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped or soiled clothing to be worn on the project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons permanently and immediately from the Site. 1.09 ACCESS TO THE SITE A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe temporary walks or other structures to allow access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. Item 16 Project Management and Coordination 01 31 00 - 5 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) C. Provide security at the Site as necessary to protect against vandalism and loss by theft. D. Use State, County, or City roadways for construction traffic only with written approval of the appropriate representatives of each entity. State, County, or City roadways may not all be approved for construction traffic. Obtain written approval to use State, County, City or private roads to deliver pipe and/or heavy equipment to the Site. Copies of the written approvals must be furnished to the Owner as Record Data before Work begins. No additional compensation will be paid because the Contractor is unable to gain access to the easement from public roadways. 1.10 PROPERTY PROVISIONS A. Make adequate provisions to maintain the flow of storm sewers, sanitary sewers, drains and water courses encountered during the construction. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not curtailed. Restore structures which may have been disturbed during construction to their original position as soon as construction in the area is completed. B. Protect trees, fences, signs, poles, guy wires, and all other property unless their removal is authorized. Restore any property damaged to equal or better condition per Paragraph 1.11 of this Section. 1.11 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report these to the Engineer before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per Section 01 35 00 “Special Procedures.” Coordinate Work with Contractor, local utility company and others. Include cost of demolition and replacement, restoration or relocation of these structures in the Cost of Work. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damage to items to be protected to the satisfaction of the Engineer, utility owner and Owner without additional compensation from the Owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless shown in the Contract Documents or approved by the Engineer. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines or other obstructions. Include the cost of relocation and permits required to move existing utilities in the Cost of Work. E. Protect existing trees and landscaping at the site. 1. Visit the Site with Engineer to identify trees that may be removed during construction. 2. Mark trees to be removed with paint. Item 16 Project Management and Coordination 01 31 00 - 6 PRP17368 – Lower Pressure Plane Water Line (BNSF Railroad to Preston Road) 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. F. Protect buildings from damage when handling material or equipment. Protect finished surfaces, including floors, doors, and jambs. Remove doors and install temporary wood protective coverings over jambs. 1.12 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Disruptions to existing utilities, piping, process piping, or electrical services shall be kept to a minimum. 1. Do not restrict access to critical valves, operators, or electrical panels. 2. Do not store material or products inside structures. 3. Limit operations to the minimum amount of space needed to complete the specified Work. 4. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with Section 01 35 00 “Special Procedures” if facilities must be taken out of operation. 1.13 FIELD MEASUREMENTS A. Perform complete field measurements for products required to fit existing conditions prior to purchasing products or beginning construction. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Verify pipe class, equipment capacities, existing electrical systems and power sources for existing conditions. D. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. E. Include field measurements in Record Drawings as required in Section 01 31 13 “Project Coordination.” 1.14 REFERENCE DATA AND CONTROL POINTS A. The Engineer will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. 3. Designated control points may be on an existing structure or monument. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Do not change or relocate points without prior Item 16