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04.10.18 Town Council Regular Meeting PacketPage 1 of 3 ] 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. Proclamations. • Presentation of a Proclamation to members of the Library Services staff declaring April 8-14, 2018, as National Library Week. (RB) • Presentation of a Proclamation to members of the Prosper Police Department declaring April 8-14, 2018, as Public Safety Telecommunicators Week. (RB) 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – March 27, 2018 5b. Consider and act upon accepting the 2017 Racial Profiling Report as required by state law. (DK) 5c. Consider and act upon a resolution supporting the FM 1385 Task Force. (HW) 5d. Consider and act upon approving Change Order Number 06, to Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute same. (DR) 5e. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 23, 2018 6:00 p.m. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 10, 2018 6:00 p.m. Page 2 of 3 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 an ordinance amending Special Purpose Sign District-4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. (MD18-0002). (AG) DEPARTMENT ITEMS: 8. Discussion on rezoning Planned Development-25 (PD-25) and Planned Development-39 (PD-39) in accordance with property ownership. (Z18-0001) (AG) 9. Consider and act upon awarding Bid No. 2018-55-B, to SPI Asphalt, LLC, related to construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) 10. Consider and act upon awarding Bid No. 2018-60-B, to Reytech Services, LLC., related to construction services for the Prosper Road Improvements project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) 11. Consider and act upon awarding Bid No. 2018-48-B, to Grahamson Inc., related to construction services for the Frontier Park Soccer Field Improvements project; and authorizing the Town Manager to execute a construction agreement for same. (DR) 12. Consider and act upon authorizing the Town Manager to execute a Service Agreement between the Town of Prosper and Cedarbrook Media Group, LLC for the Pride in the Sky event held in observation of Independence Day. (DR) 13. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Garver and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. (HW) 14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. (HW) 15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Storage Tank Project and for other public purposes permitted by law. (HW) Page 3 of 3 16. 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: 16a. Section 551.087 – To discuss and consider economic development incentives. 16b. 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. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Special Event Committee Update. (DR) 19. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, April 6, 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. 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 8 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:01 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger (arrived at 6:10 p.m.) Councilmember Meigs Miller (arrived at 6:16 p.m.) Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Dudley Raymond, Parks and Recreation Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Stuart Blasingame, Fire Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Mel Pugh of Prestonwood Baptist 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 Hodges read the following announcements: The results are in! Prosper has successfully earned a “three-peat” in the It’s Time Texas Community Challenge. Prosper’s participation in the challenge was one of the highest in the state, outpacing even the large metro areas of Austin, Dallas, and Fort Worth. Mayor Smith and the Town Council would like to thank everyone who helped bring home the title of Healthiest Small Community for the third year in a row. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, March 27, 2018 Item 5a Page 2 of 8 The 7th Annual Prosper Spring Clean Up was held this past Saturday, March 24, and it was a huge success. A total of 556 vehicles passed through the collection points to discard unwanted household items, electronics, cardboard, and yard debris, and eyeglasses. Thanks to everyone who participated and volunteered at this event. The traffic signal at the intersection of Prosper Trail and Coit Road is being installed, and should be operational by the end of this week, weather permitting. Prosper residents age 50 and over are invited to the annual Mayor’s Coffee on Wednesday, April 18, at Prosper Fire Station No. 2. Please RSVP to Julie Shivers in the Parks and Recreation Department by April 13. Registration is now open for Prosper’s Spring and Summer recreation programs, including tennis, soccer, and archery. Sign up at www.ProsperParksandRec.org. 4. Presentations. • Presentation of a street sign recognizing the Prosper High School Volleyball Team as the 2017 UIL State Champions. (RB) Coach Erin Kauffman and members of the Lady Eagle Volleyball team and coaching staff were presented with a street sign recognizing the team as the 2017 UIL State Champions. • Presentation of a TRAPS Promotes Quality of Life Initiative award to members of the Parks and Recreation Division by the Texas Recreation and Park Society. (PN) Landscape Architect Paul Naughton introduced Mark Macey with the Texas Recreation and Parks Society, who presented the Town with the award for efforts to incorporate natural elements into the Lakewood Preserve Neighborhood Park. 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – March 13, 2018 5b. Receive the January Financial Report. (KN) 5f. Consider and act upon authorizing the Town Manager to execute a Property Exchange Agreement between Prosper Villages at Legacy LLC, and the Town of Prosper, Texas, related to an exchange of property at the Parks at Legacy subdivision. (DR) Item 5a Page 3 of 8 5g. Consider and act upon Ordinance No. 18-22 rezoning a portion of Planned Development-65-Single Family Residential/Commercial (PD-65-SF/C), to facilitate the development of an Automobile Dealership (Chrysler, Dodge, Jeep, Ram), on 16.6± acres, located on the north side of US 380, 875± feet east of Legacy Drive. (Z17-0016). (AG) 5h. Consider and act upon Ordinance 18-23 amending Chapter 3 of the Zoning Ordinance regarding Definitions. (Z17-0020). (JW) Councilmember Dugger arrived at 6:10 p.m. and took his place at the Council bench. Councilmember Dugger removed Items 5c, 5d, and 5i from the Consent Agenda. Councilmember Korbuly removed Item 5e from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 5c. Consider and act upon an ordinance adopting the provisions of Article 103.0031 of the Texas Code of Criminal Procedure, imposing a collection fee of thirty percent (30%) to defray the costs of collections on delinquent fines, fees, and costs imposed by the Prosper Municipal Court. (KN) Responding to a question from the Town Council, Finance Director Kelly Neal confirmed that the 30% collection fee is the only fee to be remitted to the collection company. The contract for collection services was approved in February 2018. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-19 adopting imposing a collection fee of thirty percent (30%) to defray the costs of collection of delinquent fines, fees, and costs imposed by the Prosper Municipal Court. The motion was approved by a vote of 6-0. 5d. Consider and act upon an ordinance repealing Ordinance No. 01-34 relating to the ad valorem taxation of leased motor vehicles not used for the production of income, as defined in Section 11.252 of the Texas Tax Code. (CS) Responding to a question from the Town Council, Chuck Springer, Executive Director of Administrative Services, confirmed that the proposed ordinance would exempt the property taxation for leased vehicles for personal use. The tax would remain in place for vehicles used for business purposes. The revenue generated by property taxation of leased vehicles totaled approximately $170,000 in FY 2016- 2017, or about 1% of the Town’s total tax base. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to adopt Ordinance No. 18-20 repealing Ordinance No. 01-34 relating to the ad valorem taxation of leased motor vehicles not used for the production of Item 5a Page 4 of 8 income, as defined in Section 11.252 of the Texas Tax Code. The motion was approved by a vote of 6-0. 5e. Consider and act upon an ordinance repealing Section 1.05.034 of the Town of Prosper “Interjurisdictional Program” of Article 1.05, “Emergency Management,” of Chapter 1, “General Provisions,” of the Code of Ordinances, removing Prosper from the Collin County Emergency Management Program. (KB) Councilmember Miller arrived at 6:16 p.m. and took his place at the Council bench. Responding to a question from the Town Council, Emergency Management Coordinator Kent Bauer explained that the purpose of removing Prosper from the Collin County Emergency Management Program is to allow Prosper to enact its own Emergency Management Program. The establishment of a Town Emergency Management Program will not add any additional costs to the Town. Mr. Bauer also explained that by creating it’s own Emergency Management Program, the Town will qualify for additional grant opportunities. Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 18-21 repealing Section 1.05.034 of the Town of Prosper “Interjurisdictional Program” of Article 1.05, “Emergency Management,” of Chapter 1, “General Provisions,” of the Code of Ordinances, removing Prosper from the Collin County Emergency Management Program. The motion was approved by a vote of 7-0. 5i. 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) Responding to a question from the Town Council, Planning Manager Alex Glushko confirmed that construction of the fuel station would begin in late summer 2018, and construction should be complete by the end of the year. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Item 5i 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. There were no Citizen Comments. Item 5a Page 5 of 8 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 an ordinance for a Specific Use Permit (SUP) for a Utility Distribution/Transmission Facility (Brazos Electric), on 8.9± acres, located on the east side of FM 1385, 2,700± feet south of Parvin Road. The property is zoned Agricultural (A). (S17-0004). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of this request is to permit a Utility Distribution/Transmission Facility (Brazos Electric Substation). Exhibit B shows the proposed layout, which includes multiple 60-foot tall static poles, an unmanned control station, and a 120-foot tall communication tower that will only be for use by Brazos Electric. Jeffrey Dolian with Kimley-Horn, representing the applicant, Brazos Electric, addressed the concerns brought forward by the Planning & Zoning Commission. Brazos Electric has agreed to the removal of the perimeter fencing in conjunction with adjacent development; and to ensure a connection to Town water once available, if temporary irrigation is provided. Brazos Electric also agreed to raise the height of the screening wall to 10 feet. Responding to a question from the Town Council, Mr. Dolian confirmed that the substation would serve CoServ. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Mr. Dolian confirmed that the Public Utilities Commission identified the location of the proposed substation, and the land was acquired through condemnation. Town Attorney Terry Welch confirmed the terms of the removal of the barbless wire fencing. Town staff received one Public Hearing Reply Form in opposition to the request from an adjacent property owner. Town staff has not contacted the property owner, and the property owner was not in attendance. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 18-24 for a Specific Use Permit for a Utility Distribution/Transmission Facility (Brazos Electric), on 8.9± acres located on the east side of FM 1385, 2,700± feet south of Parvin Road. The motion was approved by a vote of 7- 0. Item 5a Page 6 of 8 8. Conduct a Public Hearing, and consider and act upon a request for a Variance to the Sign Ordinance, regarding a wall sign for Texas Health Resources located at 1970 W. University Drive. (V18-0003). (AG) Councilmember Hodges stepped away from the Council bench at 6:28 p.m. due to a conflict of interest on Item 8. Planning Manager Alex Glushko presented this item before the Town Council. The applicant is proposing to allow for a wall sign that is oriented in an east facing direction and exceeds the currently permitted maximum sign height. The requested increase in wall sign height is intended to assist west-bound drivers in identifying the Texas Health Resources facility from a distance in order to promote safer turning movements along US 380, specifically given the current construction activity. Amanda Thrash, representing Texas Health Resources, addressed the Town Council and reiterated the terms of the request. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve a Variance to the Sign Ordinance, regarding a wall sign for Texas Health Resources located at 1970 W. University Drive. The motion was approved by a vote of 6- 0. Councilmember Hodges returned to the meeting and took his place at the Council bench at 6:34 p.m. DEPARTMENT ITEMS: 9. Consider and act upon a resolution accepting the Independent Audit Report and Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2017, as presented by a representative of McConnell & Jones, LLP., Certified Public Accountants. (KN) Finance Director Kelly Neal introduced Marlon Williams of McConnell & Jones, LLP, who presented information on the CAFR for the fiscal year ended September 30, 2017. Mr. Williams reviewed the audit process, and reported that the audit resulted in no management comments, and no disagreements with management during the course of the audit. The auditors did not find any areas of deficiencies; therefore, there is no management letter accompanying this year’s audit. Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Resolution 18-25 accepting the Independent Audit Report and Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2017. The motion was approved by a vote of 7-0. 10. Consider and act upon awarding Bid No. 2018-57-B to Archer Western Construction, LLC, related to construction services for the Custer Road Pump Station Expansion Item 5a Page 7 of 8 Project; and authorizing the Town Manager to execute a construction agreement for same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. The scope of this contract includes the addition of a new 4,750 GPM pump to the Custer Road Pump Station, increasing the pumping capacity from 18 MGD firm pumping capacity to 25 MGD firm pumping capacity. This is one of three projects designed to provide additional capacity and reliability to the lower pressure plane system. Work in this contract is scheduled to be complete by Summer 2019. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-57-B to Archer Western Construction, LLC, related to construction services for the Custer Road Pump Station Expansion Project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 7-0. 11. 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: 11a. Section 551.087 – To discuss and consider economic development incentives. 11b. 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. 11c. Section 551.074 – To discuss and review the Town Manager’s performance evaluation. The Town Council recessed into Executive Session at 6:45 p.m. 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:00 p.m. Councilmember Dugger made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute Chapter 380 Partnership Agreements with (1) BG-GBT Second & Coleman Prosper, LLC; (2) BG-GBT Church & First Prosper, LLC; and (3) TLS Investments, Inc. The motion was approved by a vote of 7-0. Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang seconded the motion to authorize the Mayor to execute an agreement for Town Manager services pursuant to the terms addressed in Executive Session. The motion was approved by a vote of 7-0. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Item 5a Page 8 of 8 No action was taken on this item. 14. Adjourn. The meeting was adjourned at 8:08 p.m., on Tuesday, March 27, 2018. These minutes approved on the 10th day of April 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 1 Prosper is a place where everyone matters. To: Mayor and Town Council From: Doug Kowalski, Chief of Police Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Consider and act upon receiving the 2017 Racial Profiling Report as required by state law. Description of Agenda Item: The Racial Profiling Report is being presented to the Town Council, in accordance with the Texas Code of Criminal Procedure 2.131 – 2.138 and the report formatting was outlined by the Texas Commission on Law Enforcement (TCOLE). Each traffic stop that resulted in a citation or arrest was to be counted. Since the Prosper Police Department does use Mobile Vehicle Recorders, the information presented is denoted as Tier I Data. Attached Documents: 1. 2017 Racial Profiling Report Town Staff Recommendation: Staff recommends review of the document and acceptance, as required by law. Proposed Motion: I move to receive and accept the 2017 Racial Profiling Report. POLICE Item 5b Page 1 of 1 2017 Partial Exemption Racial Profiling Reporting Town of Prosper Police Department (Tier 1) TCOLE Recommended Form Number of motor vehicle stops: 1. 6937 – citations and warnings only 2. 140 – arrest only 3. 14 – both citation and arrest 4. 7091 – Total Race or Ethnicity: 5. 957 - African American 6. 157 - Asian 7. 4787 - Caucasian 8. 1093 - Hispanic 9. 84 - Middle Eastern 10. 11 - Native American 11. 2 - Other 12. 7091 - Total Race or Ethnicity known prior to stop? 13. 38 – Yes 14. 7053 – No 15. 7091 – Total Search conducted? 16. 60 – Yes 17. 7031 – No 18. 7091 – Total Was search consented? 19. 31 – Yes 20. 29 – No 21. 60 – Total (must equal #16) In years past, comparison with the census data has been utilized; however, the growth of our jurisdiction has been so great that the census data is insufficient for comparison at this point. In previous reports, the number of all stops, inclusive of warnings, was used. With the new reporting mandates, only the number of traffic stops that resulted in either a citation or arrest is counted. Race is not a precursor factor for a traffic stop, however the race of the driver is required to be reported as denoted in the data listed in #5 through # 12. Knowledge about the race of the driver prior to the traffic stop is also required to be reported as noted in #13 and # 15. This report will also be filed with TCOLE, as mandated by law. The conclusion is that the Prosper Police Department is in full compliance with the law. Item 5b 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 – April 10, 2018 Agenda Item: Consider and act upon a resolution supporting the FM 1385 Task Force. Description of Agenda Item: FM 1385 is an existing two-lane Texas Department of Transportation (TxDOT) roadway that begins at US 380 and extends north to FM 455 in Pilot Point past the proposed Denton County Outer Loop. FM 1385 is designated as an arterial street on the City of Aubrey, City of Celina, Town of Little Elm and Town of Prosper Thoroughfare Plans. However, FM 1385 is not listed in the North Central Texas Transportation Improvement Plan for 2017-2020. Similar to FM 423, the expected home construction in this corridor is occurring very rapidly and the existing infrastructure is not constructed to accommodate the anticipated growth. Union Park, Winn Ridge, Sanbrook Farms, and Sutton Fields are large master-planned communities along this corridor that are anticipated to construct approximately 10,000 homes within the next ten (10) years. Little Elm staff recently initiated the conversations on the construction status of FM 1385 and has been working with TxDOT and the adjacent communities to develop a process to improve FM 1385. That process includes the creation of the FM 1385 Task Force, which is to be comprised of each community adjacent to FM 1385. The goal of this task force is to create one voice with which to approach TxDOT to begin the development of the schematic design for FM 1385 and to look for funding opportunities to construct this roadway. The creation of a schematic design will enable Town planners and engineers to reserve right-of-way along this corridor and expedite construction. Budget Impact: No funding is required at this time. In the future some local funds may be required for right-of-way and/or construction. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 5c Page 2 of 2 Attached Documents: 1. Resolution 2. City of Aubrey Thoroughfare Plan 3. City of Celina Thoroughfare Plan 4. Town of Little Elm Thoroughfare Plan 5. Town of Prosper Thoroughfare Plan Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution in support of the FM 1385 Task Force. Proposed Motion: I move to approve a resolution in support of the FM 1385 Task Force. Item 5c TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, IN SUPPORT OF THE FARM TO MARKET (FM) 1385 TASK FORCE; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, development along FM 1385 through the Town of Prosper and north through other communities is increasing dramatically; and WHEREAS, the Town Council of the Town of Prosper has initiated an effort to accelerate improvements to the connection of FM 1385 to FM 423 through the Town limits of Prosper; and WHEREAS, it is in the best interests of the citizens of Prosper and our surrounding communities to support the placement of FM 1385 on the State's Long Range Planning Program; and WHEREAS, a coalition of the Town of Little Elm, Town of Prosper, City of Celina, City of Aubrey, Denton County Freshwater District 10 and other interested parties has been formed to ensure the needs of all citizens living along this corridor are met; and WHEREAS, the FM 1385 Task Force encourages the Texas Department of Transportation to place the improvements to FM 1385 from US 380 to FM 428 on the State’s Long Range Planning Program. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 The Town Council of the Town of Prosper, Texas, hereby expresses its support of the FM 1385 Task Force. SECTION 3 The Town Council of the Town of Prosper, Texas, hereby encourages the Texas Department of Transportation to place improvements to FM 1385 on the State’s Long Range Planning Program. Item 5c Resolution No. 18-__, Page 2 SECTION 4 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 5 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF APRIL, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5c F M   1 3 8 5 PA R V I N Item 5c F M   1 3 8 5 PA R V I N Item 5c F M   1 3 8 5 US   3 8 0 Item 5c Item 5c Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, RLA, Parks and Recreation Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Consider and act upon approving Change Order Number 06, with Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute Change Order Number 06 for same. Description of Item: Below are the items to be added to the Frontier Park North Field Improvements project, per Town Council direction at the March 13, 2018, Town Council meeting: Item #1: Additional picnic tables (Add $24,482.34) This is to add twelve tables into the project. Item #2: Provide and install scoreboards (Add $48,445.00) The Contractor will provide and install two Scoreboards, one at each multi-purpose field. Item #3: Credit for unused Contractor Contingency (Deduct $12,202.22) This is a deduct of the Contractors Contingency that wasn’t used to offset cost for additional items. Item #4: General Conditions Fee per contract (Add $1,821.75) This is the additional CMAR fee based on the Frontier Park Construction Manager-At-Risk Agreement. Due to the additional scope of work and the long lead-time on the scoreboards, the contractor is requesting 10 additional weeks to be added to the contract. This sets the completion date to June 22, 2018. Budget Impact: The Contractors Contingency is currently $12,202.22 and the Owners Contingency is $38,532.28. This will use the remainder of the Contractor’s Contingency, and an additional $30,000 will be allocated to the project account 620-6610-60-00-1603-PK from 2016 GO Bond Fund. Attachments: 1. Change Order Number 06 Town Staff Recommendation: Town staff recommends that the Town Council approve Change Order Number 06, with Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute Change Order Number 06 for same. Prosper is a place where everyone matters. PARKS AND RECREATION Item 5d Page 2 of 2 Proposed Motion: I move to approve Change Order Number 06, with Dean Electric dba Dean Construction related to construction services for Frontier Park North Field Improvements; and authorize the Town Manager to execute Change Order Number 06 for same. Item 5d Prj. No.:1603-PK Bid No.:2016-41-B Prev Chg New new new 106 LS 0 1 1 24,482.34 24,482.34 new 107 LS 0 1 1 48,445.00 48,445.00 new 108 LS 0 1 1 -12,202.22 -12,202.22 new 109 LS 0 1 1 1,821.75 1,821.75 62,546.87 70 Issued by By Signature Date 332 Cal. Days Accepted by 104 CD 70 CD By Signature Date Unit Cost Contractor: Description of Change: 1. This is to add twelve picnic tables to the project. 2. To add two additional score boards, one at each multi-purpose field. February 1, 2017 $62,546.87 Previous Change Orders: Current Change Order: Change Order No. 6 CONTRACTOR COMPANY NAME Original Contract Amount: Previous Change Orders: Current Change Order: Revised Contract Amount: Cost Adjustment this Change: Original Contract Time: TOWN OF PROSPER $7,413,764.86 $48,372.72 Contract Start: General Conditions Fee per contract Time Adjustment this Change: additional picnic tables complete and in place Provide and install two MS2002 Scoreboards Credit for unused Construction Contingency June 22, 2018 $7,524,684.45 Revised Contract Date: The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change, whether said costs are known, unknown, foreseen or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost,oranyothereffecton changed or unchanged work as a result of this Change. Project Name:Frontier Park North Field Improvements Dean Electric DBA Dean Construction mod/ new Item No. Description Unit Quantity Cost Change Page 1 of 1 Item 5d Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 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 are the Preliminary Site Plan and Site Plan that were acted on by the Planning & Zoning Commission at their April 3, 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.Preliminary Site Plan for Shops at Prosper Trail 2.Site Plan for Shops at Prosper Trail, Block A, Lots 6-8 Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Shops at Prosper Trail Preliminary Site Plan Northeast corner of Prosper Trail and Preston Road 243,028 (10 Buildings) Grocery Store / Fuel Center / Restaurant / Retail / Office Kroger and Various Tenants Shops at Prosper Trail Site Plan East Side of Preston Road, 400± feet south of St. Peter Lane N/A Parking Lot N/A 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 5e E WALKWAY COVERED PATIO PROPOSED 8' MASONRY SCREENING WALL PROPOSED 8' MASONRY SCREENING WALL PROPO S E D 8 ' M A S O N R Y S C R E E N I N G W A L L PR O P O S E D 8 ' M A S O N R Y S C R E E N I N G W A L L PROPOSED 8' MASONRY SC R E E N I N G W A L L ON L Y ON L Y ON L Y ON L Y ON L Y ON L Y O N L Y O N L Y 4 3 2 1 R x D R I V E T H R U G R O C E R Y P I C K U P 6 7 8 5 NORRIS REX MICHAEL & NANCY DAWN RAEWOOD ON PRESTON(CPR) BLK A, LOT 1 BIVEN RANDALL J & ATHENA RAEWOOD ON PRESTON(CPR) BLK A, LOT 2 BENNET MICHAEL RAEWOOD ON PRESTON(CPR) BLK A, LOT 3 NELSON TAMIE W RAEWOOD ON PRESTON(CPR) BLK A, LOT 4 RUSSEL WENDY RAEWOOD ON PRESTON(CPR) BLK A, LOT 5 FEGLEY ROBERT A RAEWOOD ON PRESTON(CPR) BLK A, LOT 6 VICTRON STORES LP PRESON 48(CPR) BLK A, LOT 3VIEWPOINT BANK SADDLE CREEK COMMERIAL(CPR) BLK A, LOT 1 PA C K S A D D L E T R A I L CI R C L E J T R A I L SADDLE CREEK INVESTMENTS LTD SADDLE CREEK COMMERIAL(CPR) BLK A, LOT 2 PARADA LO N E ST A R D R . EX. R.O.W. E X . R . O . W . ZONING: 0 PD-31 ZONING:SF-15 ZONING: SF-15 S-1 STATE HIGHWAY 289 (PRESTON ROAD) (variable width right-of-way) PR O S P E R T R A I L (v a r i a b l e w i d t h r i g h t - o f - w a y ) PHARMACY DRIVE-THRU GENERATOR COMPACTOR OUTDOOR SALES AND DISPLAY AREA 8,000 SF PATIO AREA FDC TURN LANE TURN LANE (BY OTHERS)TURN LANE TURN LANE TURN LANE 14' SCREENWALL LOADING DOCK OFFSITE UTILITIES BY OTHERS DEVELOPMENT CANNOT COMMENCE UNTIL OFFSITES ARE APPROVED PROPOSED ROAD TO BE CONSTRUCTED BY DEVELOPER OF SINGLE FAMILY DEVELOPMENT REQUIRED IN ORDER TO DEVELOP LOT 9 14' SCREENWALL LOADING DOCK HEADLIGHT SCREENING TO BE PROVIDED PER THE ZONING ORDINANCE HEADLIGHT SCREENING TO BE PROVIDED PER THE ZONING ORDINANCE FUTURE TURN LANE BY OTHERS DEVELOPER TO ESCROW FUNDS FOR CONSTRUCTION TURN LANE FIRE HYDRANT NOT PART OF PH1 CLICK LIST DRIVE-THRU DUMPSTER ENCLOSURE CONSTRUCTED TO MATCH MAIN BUILDING GENERATOR TO BE SCREENED ON ALL SIDES AT TIME OF INSTALLATION SCREEN WALL CONSTRUCTED TO MATCH MAIN BUILDING SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER & WATER EASEMENT SANITARY SEWER & WATER EASEMENT SANITARY SEWER & WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT UTILITY EASEMENT DRAINAGE & WATER EASEMENT ACCESS & UTILITY EASEMENT ACCESS & UTILITY EASEMENT ACCESS & UTILITY EASEMENT ACCESS & UTILITY EASEMENT DRAINAGE & SANITARY SEWER EASEMENT 24' 8' 8' 30 ' 22' 4' 9' 4' 9' 9' 40' 14 0 ' 100' 80' 30' 30 ' 30' 30' 30 ' 30'24' 24' 24 ' 30 ' 24 ' 8' 24 ' 15 0 ' 11 0 ' 24 ' 8' 24 ' 24 5 ' 41 ' 56 1 ' 35 8 ' 20 ' 52'64'245'30'118'84'244'24'8'24'193'94'196'30'28'54'324' 864' 973' 60 ' 24' 24'24'24' 24'24'24'24' 24'24' 24' 24'24'24'24'24'24' 24' 18 ' 20 ' 11 0 ' 30 ' 30 ' 7' 15 0 ' 11 0 ' 10 ' 25' 36' 30 ' 30' DRAINAGE EASEMENT 16 . 5 ' TURN LANE 18 ' 24 ' 9' 2 4 ' 24 ' 24' 14'LOT 9 2.685 AC. (116,969 S.F.) OPEN SPACE ESMT. 0.784 AC. (34,140 S.F.) PART OF LOT 9 LOT 8 1.205 AC. (52,500 S.F.) LOT 7 1.102AC. (48,000 S.F.) LOT 6 1.250 AC. (54,450 S.F.) LOT 3 1.329 AC. (57,900 S.F.) LOT 4 1.122 AC. (48,872 S.F.) LOT 1 12.874 AC. (560,776 S.F.) LOT 5 4.097 AC. (178,481 S.F.) LOT 10 2.081 AC. (90,647 S.F.) FOOD STORE 114,788 SF (NET) MARKETPLACE FFE = 754.00 2 STORY RETAIL/OFFICE 45,000 SF FFE = 756.00 SADDLE CREEK PROSPER HOMEOWNERS ASSOC. INC. C/O SBB MANANGEMENT COMPANY SADDLE CREEK PHASE I BLOCK F, LOT 2X HANKINS JOSHUA & CHRISTINA SADDLE CREEK PHASE I BLOCK F, LOT 20SADDLE CREEK INVESTEMENTS LTD SADDLE CREEK PHASE I BLOCK H, LOT 9 SADDLE CREEK PHASE I BLOCK F, LOT 1X SADDLE CREEK PROSPER HOMEOWNERS ASSOC. INC. C/O SBB MANANGEMENT COMPANY RIPPY ROBERT JR SADDLE CREEK PHASE I BLOCK G, LOT 9 ADAMS DAVID & NAOMI RUTH SADDLE CREEK PHASE I BLOCK G, LOT 10 PARKING EASEMENT 11' 18 ' EX. DROP INLET FUTR. TRANSORMER LOCATION EX. DROP INLET NOTES: 1. ALL DIMENSIONS ARE TO FACE OF CURB 2. DETENTION FOR SITE BEING ADDRESSED BY THE DEVELOPER OF THE FUTURE ADJACENT LOTS 3. SIDEWALK ALONG PROSPER TRAIL TO BE AN 8' HIKE/BIKE TRAIL 4. ALL FIRELANE RADII TO BE 30' UNLESS OTHERWISE NOTED DRIVE THRU DA T E No . RE V I S I O N BY DATE: SHEET File No. 2016-102 03/28/2018 CHECKED: CLC DRAWN:JEV DESIGN: TH E S H O P S A T PR O S P E R T R A I L A D D I T I O N 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 TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING RE V I S E D P R E L I M I N A R Y S I T E P L A N PSP-1.1 0 GRAPHIC SCALE 1 inch = ft. 80 80 160 80 40 VICINITY MAP N.T.S. N SITE 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 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. 21. SITE MUST DEVELOPED IN ACCORDANCE W/ PD-68 22. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* LEGEND INTEGRAL COLOR CONCRETE COLOR CHROMIX 5059 SORRENTO RED BY SCOFIELD SYSTEMS STAMPED CONCRETE WITH HERRINGBONE PATTERN INTEGRAL COLOR CONCRETE COLOR CHROMIX 5059 SORRENTO RED BY SCOFIELD SYSTEMS PROPOSED FIRE LANE ENHANCED LANDSCAPE SCREENING FOR LOADING DOCK LOADING AREA TRANSFORMER PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT OUTDOOR SALES AREA APPLICANT MATT MOORE, PE CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 TEXAS REGISTRATION #14199 SURVEYOROWNER REVISED PRELIMINARY SITE PLAN SHOPS AT PROSPER TRAIL LOTS 1-10, BLOCK A CASE #D18-0016 Item 5e P R O P O S E D 8 ' M A S O N R Y S C R E E N I N G W A L L ON L Y ON L Y 18 ' 24 ' 9' TYP. 24'R15 ' R 1 5 ' R 1 5 ' 20'14' 2. 5 ' P A R K I N G OV E R H A N G 10 ' 14.5' RELOCATED FH PROP. CURB INLET EX. WYE INLET PARKING EASEMENT 18 ' 14'20' 5.5'14.5' 14' 11'11' 5.5'5.5' 5.5' 26.6' R30 ' R 3 0 ' PARKING EASEMENT 5.5' 9' TYP. R 3 0 ' R30' R30' 9' T Y P . LOT 6 1.250 AC (54,450 SF) RETAIL 6,340 SF (10,000 SF MAX) LOT 7 1.102 AC (48,000 SF) RETAIL 6,250 SF (MAX) LOT 8 1.205 AC (52,500 SF) RETAIL 6,400 SF (8,000 MAX) 18'24'18' 2' 6' 5.5' LS BUFFER 18'24'6' 5' LS BUFFER 18 ' 24 ' 18 ' R30 ' R 3 0 ' 18 ' R 3 0 ' FUTURE FH EX. 15' ONCOR ESMT. FUTURE TRANSFORMER. EX. DROP INLET 11.5' 5.5' 10.5' 12.2' FUTURE FH EX. FH 10' 5.5' 9' 10' EX. FH 14.5'5.5' FU T U R E 2 ' OV E R H A N G ( T Y P . ) FUTURE FDC FUTURE FDC FUTURE FDC 15 ' D R A I N A G E E S M T . (P E R P L A T ) 15 ' S E W E R E S M T . (P E R P L A T ) 15 ' W A T E R E S M T . (P E R P L A T ) 10 ' O N C O R E S M T . CC F # 2 0 1 5 1 0 1 5 0 0 1 2 9 9 5 5 0 EX . P E D E S T R I A N ES M T . EX . S T R E E T E S M T . EX. DRAINAGE ESMT. EX. FIRE LANE & ACCESS ESMT. EX . D R A I N A G E E S M T . FUTURE FH EX. FH EX. FH EX. FH 5' LS BUFFER 5' LS BUFFER 5' L S BU F F E R FUTURE SIDEWALK ADA ROUTE EX. SIDEWALK 14 ' 5' 15' WATER ESMT. 10'X10' WATER ESMT. 15 ' O N C O R ES M T 15 ' O N C O R ES M T EX. 15' SSWR ESMT. 10'X10' WATER ESMT. DA T E No . RE V I S I O N BY DATE: SHEET File No. 2016-102 03/28/2018 CHECKED: CLC DRAWN:JEV DESIGN: TH E S H O P S A T PR O S P E R T R A I L A D D I T I O N 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 TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING PARKKING ADDITION 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 RE V I S E D P R E L I M I N A R Y S I T E P L A N PSP-1.2 LEGEND INTEGRAL COLOR CONCRETE COLOR CHROMIX 5059 SORRENTO RED BY SCOFIELD SYSTEMS STAMPED CONCRETE WITH HERRINGBONE PATTERN PROPOSED FIRE LANE, ACCESS & UTILITY EASEMENT PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT 2' PARKING OVERHANG 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. 21. SITE MUST DEVELOPED IN ACCORDANCE W/ PD-68 22. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. PARKING TABLE - LOT 5 - RETAIL RETAIL (1 SPACE PER 250 SF) 21,269 SF 86 (3 ADA) PARKING PROVIDED 86 (3 ADA) PARKING TABLE - LOT 5 - RESTAURANT RESTAURANT (1 SPACE PER 100 SF) 3,845 SF 39 (2 ADA) PARKING PROVIDED 39 (2 ADA) APPLICANT MATT MOORE, PE CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 TEXAS REGISTRATION #14199 SURVEYOROWNER REVISED PRELIMINARY SITE PLAN SHOPS AT PROSPER TRAIL LOTS 1-10, BLOCK A CASE #D18-0016 PARKING TABLE - LOT 5 - OFFICE OFFICE (1 SPACE PER 250 SF) 14,099 SF 57 (3 ADA) PARKING PROVIDED 57 (3 ADA) PARKING TABLE - LOT 10 - RETAIL RETAIL (1 SPACE PER 250 SF) 15,600 SF 63 (3 ADA) PARKING PROVIDED 77 (3 ADA) PARKING TABLE - LOT 10 - RESTARAUNT RESTARAUNT (1 SPACE PER 100 SF) 4,000 SF 40 (2 ADA) PARKING PROVIDED 40 (2 ADA) Item 5e SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER EASEMENT SANITARY SEWER & WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT WATER EASEMENT UTILITY EASEMENT ACCESS & UTILITY EASEMENT 30' 30 ' 24' 2 4 ' 24' 18 ' 24 ' 9' TYP. 24'R15 ' R 1 5 ' R 1 5 ' 20' 14' 2. 5 ' P A R K I N G OV E R H A N G (T Y P . ) 10 ' 14.5' RELOCATED FH PROP. CURB INLET EX. DROP INLET PARKING EASEMENT 5' L A N D S C A P E BU F F E R 18 ' PROP. DROP INLET EX. DROP INLET 1 15 ' D R A I N A G E E S M T . (P E R P L A T ) 15 ' W A T E R E S M T . (P E R P L A T ) 10 ' O N C O R E S M T . CC F # 2 0 1 5 1 0 1 5 0 0 1 2 9 9 5 5 0 ONCOR ESMT. PER PLAT PROPO S E D 8 ' M A S O N R Y S C R E E N I N G W A L L P R O P O S E D 8 ' M A S O N R Y S C R E E N I N G W A L L 5.5' R30 ' R 3 0 ' R10' 20'14' 5.5' 14.5' 11' 5.5'5.5' 5.5' PROP. ADA SPACE 26.6' DA T E No . RE V I S I O N BY DATE: SHEET File No. 2016-102 03/28/2018 CHECKED: CLC DRAWN:JEV DESIGN: TH E S H O P S A T PR O S P E R T R A I L A D D I T I O N 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 TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 SI T E P L A N SP-1 LEGEND INTEGRAL COLOR CONCRETE COLOR CHROMIX 5059 SORRENTO RED BY SCOFIELD SYSTEMS STAMPED CONCRETE WITH HERRINGBONE PATTERN PROPOSED FIRE LANE PROPOSED CONCRETE CURB AND GUTTER PARKING COUNT 2' PARKING OVERHANG NOTES: 1. ALL DIMENSIONS ARE TO FACE OF CURB 2. DETENTION FOR SITE BEING ADDRESSED BY THE DEVELOPER OF THE FUTURE ADJACENT LOTS 3.SIDEWALK ALONG PROSPER TRAIL TO BE AN 8' HIKE/BIKE TRAIL 4. ALL FIRELANE RADII TO BE 30' UNLESS OTHERWISE NOTED WATER METER SCHEDULE ID TYPE SIZE NO. IRR. 1 1/2" 11 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 *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* BENCHMARK: 1. TBM2 'X' CUT IN CONCRETE ON EXISTING DROP INLET NORTHWEST CORNER OF PROPERTY. POSTED ELEVATION: 743.94 2. TBM1 'X' CUT IN CONCRETE CURB INLET LOCATED NEAR SOUTHWEST CORNER OF PROPERTY TRAIL, 747.26 FEET COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND NO. 13 172 CITY:STATE: TOWN OF PROSPER TEXAS OWNER: 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 MQ DEVELOPMENT PARTNERS 14801 QUORUM DRIVE DALLAS, TEXAS 75254 PH: 214-980-8806 LEGAL DESCRIPTION: THE SHOPS AT PROSPER TRAIL BLOCK A, LOT 6-8 3.475 ACRES (154,950 SQ. FT.) CONTACT NAME: ROLLAND UPHOFF CONTACT NAME: MATT MOORE CONTACT NAME: BILL ELAM SHOPS AT PROSPER TRAIL, LOTS 6-8 PARKING ADDITION SITE PLAN CASE #: D18-0008 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. 21. SITE MUST DEVELOPED IN ACCORDANCE W/ PD-68 22. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. Item 5e Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign Distirict-4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. (MD18-0002). Description of Agenda Item: On April 12, 2016, the Town Council adopted an ordinance for a Special Purpose Sign District for the Gates of Prosper, SPSD-4. Since then, the Town Council has approved ordinances amending SPSD for the following: •July 12, 2016 - increased wall sign height on two (2) of the buildings (Dick’s Sporting Goods and Field & Stream) •February 14, 2017 - increased wall sign height for Texas Roadhouse •November 14, 2017 - modif ied the proposed location of digital fuel pricing for Walmart and a monument sign, revised the designated anchor tenants allowing for nine-foot (9’) tall wall signs, and to accommodate wall signage heights for Rack Room Shoes. W ith this request, the applicant is proposing to amend SPSD-4 to allow for two (2) development entry fountain wall signs, allow increased wall sign heights for two (2) anchor tenants (Old Navy and Ross), and to allow for increased wall sign widths for three (3) anchor tenants (Old Navy, Ross, and Burlington). The applicant is proposing two (2) development entry fountain wall signs at both the northeast and southeast corners, located on either side of Richland Boulevard at the entry at Preston. The current and draft Sign Codes do not recognize this type of signage; therefore, the applicant is requesting this type of sign as part of the SPSD. The requested signs are proposed to be located on the existing black tile faced fountain walls. The sign area is 40’-3.75” wide and 2’-2” tall, composed of brushed aluminum, and is backlit with LED lights. The proposed lighting is subject to the Outdoor Lighting Regulations of the Zoning Ordinance. The pictures below show the proposed plan elevations and the recently constructed fountain wall. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 (Note: the location of the “Gates” lettering is temporary.) The applicant is proposing to modify the maximum permitted wall sign height for two (2) anchor tenants, Old Navy and Ross. The SPSD currently permits anchor tenants to have a nine-foot (9’) wall sign height, whereas the current Sign Code permits a maximum wall sign height of five feet (5’). The applicant is requesting an 11’-1” wall sign height for Old Navy. While the “Old Navy” lettering is four feet (4’) in height, the corporate oval that surrounds the lettering is required to be taken into the measured height of a sign. The applicant is also requesting a twelve- foot (12’) wall sign height for Ross. While the “Ross” lettering is six feet (6’) in height, the “Dress for Less” letting is required to be taken into the measured height of a sign. The applicant is proposing to modify the maximum permitted wall sign widths for three (3) anchor tenants, Old Navy, Ross, and Burlington. The Sign Code currently permits anchor tenants to have a sign width that is fifty-percent (50%) of the sign width or thirty feet (30’) maximum. The applicant is requesting a 32’-5” wall sign width for Old Navy. While the “Old Navy” lettering is 25’-3” in width, the corporate oval that surrounds the lettering is required to be taken into the measured height of a sign. The applicant is requesting a forty two- foot (42’) wall sign width for Ross. While the “Ross” lettering is twenty-four feet (24’) in width, the “Dress for Less” letting is required to be taken into the Item 7 Page 3 of 3 measured width of a sign. The applicant is also requesting a 36’-11” wall sign width for Burlington. With regard to the current draft of the proposed Sign Code, wall sign measurements would not have maximum sign heights and width, but rather maximum areas related to a percentage of the wall area. Under the proposed Sign Code, the Ross and Burlington signs would be compliant. While the Old Navy lettering would be complaint, the sign (including the surrounding oval) would exceed the maximum permitted area by approximately forty-five (45) square feet. Staff believes the development entry fountain wall signs provide a unique entry element to the major commercial development and the scale of the proposed wall signs for three (3) of the major anchor tenants is appropriate, meets the intent of the Sign Ordinance, and recommends approval of the proposed amendments to the Special Purpose Sign District. Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. Staff has not received any Public Hearing Notice Reply Forms. Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attachments: 1. Location Map 2. Ordinance 3. Proposed SPSD Exhibits Recommendation: Staff recommends that the Town Council approve an ordinance amending Special Purpose Sign Distirict-4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. Proposed Motion: I move to approve an ordinance amending Special Purpose Sign Distirict-4 (SPSD-4), for the Gates of Prosper, located on the northeast corner of Preston Road and US 380. Item 7 UNIVERSITY DR CO L E M A N S T LO V E R S L N AM I S T A D D R HA W T H O R N D R LA C I M A B L V D ESSEX DR WI L L O W R I D G E D R SH A D O W H I L L D R RIC H L A N D B L V D ABBEY LN MOS S G L E N D R R O C K H I L L R D WIL L O W R U N MAPLE HILL LN CR A I G R D BL U E R I D G E D R LANCER LN H U N T E R S P L DENTWOOD TRL WHISTLER LN TWIN OAKS D R HO R D S C R E E K D R PR E S T O N R D RICHLAND BLVD MD18-0002 ±0 460 920 1,380230Feet Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND APPROVING AN AMENDMENT TO ORDINANCE NO. 17-83, SPECIAL PURPOSE SIGN DISTRICT-4, PURSUANT TO SECTION 3.14.012 OF THE TOWN’S CODE OF ORDINANCES, AS AMENDED, FOR 92.999 ACRES OF LAND, MORE OR LESS, COMMONLY KNOWN AS THE GATES OF PROSPER; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 3.14.012 of the Town’s Code of Ordinances, as amended, provides for the approval by the Town Council of the Town of Prosper, Texas (the “Town Council”), of a special district that exclusively addresses sign regulations; and WHEREAS, the special district, if approved by the Town Council, is designated a Special Purpose Sign District (“SPSD”), and in general, the purposes of an SPSD are to (1) promote consistency among signs within a development, thus creating visual harmony between signs, buildings, and other components of the property; (2) enhance the compatibility of signs with the architectural and site design features within a development; (3) encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; and (4) encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards; and WHEREAS, an application has been submitted to the Town for a SPSD for 92.999 acres of land, more or less (“the Property”), commonly known as The Gates of Prosper, generally located on the northeast corner of US Highway 380 and Preston Road in the Town; and WHEREAS, the proposed SPSD consists of signage for The Gates of Prosper, which was approved by the Town Council on April 10, 2018; and WHEREAS, all legal notices required for the creation of the proposed SPSD have been given in the manner and form set forth by law, and public hearings have been held on the proposed SPSD and all other requirements of notice and completion of such SPSD procedures have been fulfilled; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the aforementioned property, subject to the terms and conditions 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. Item 7 Ordinance No. 18-__, Page 2 SECTION 2 There is hereby created and approved a Special Purpose Sign District on the Property. All signage on the Property, more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim, shall be subject to the Statement of Intent and Purpose, attached hereto as Exhibit B and incorporated by reference, the Sign Coordination Plan, attached hereto as Exhibit C and incorporated by reference, the detailed elevations, attached hereto as Exhibits D-1 through D-34, the Sign Schedule, attached hereto as Exhibit E and incorporated by reference. Any signage not specifically addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with the Town’s Sign Ordinance, contained in Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, as amended. SECTION 3 No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any signage that is not in conformity with this Ordinance. SECTION 5 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Five Hundred ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced Item 7 Ordinance No. 18-__, Page 3 for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF APRIL, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 CASE #: MD18-0002 EXHIBIT A - METES & BOUNDS Block A Item 7 CASE #: MD18-0002 Item 7 CASE #: MD18-0002 Item 7 CASE #: MD18-0002 Block B Item 7 CASE #: MD18-0002 Item 7 CASE #: MD18-0002 Item 7 CASE #: MD18-0002 EXHIBIT B - Statement of Intent and Purpose PURPOSE The purpose and intent of this Tenant Sign Standards is to create a graphic environment that is individual and distinctive in identity for the Tenant and also compatible with other signs within the shopping center. The total concept should give an impression of quality, professionalism, and instill a good business image. Lettering shall be well-proportioned and its design, spacing and legibility shall be a major criterion for approval. The following specifications are to be used for the design of your sign; however, in all cases, final written approval must be obtained from the Landlord prior to submitting the design to the applicable entity having jurisdiction over the Project, manufacturing the signage, or installing of any signage. Landlord shall make all final and controlling determinations concerning any questions of interpretations of this sign policy. Tenant shall not be allowed to open for business without approved required signs in place. Failure to open for this reason shall not excuse the Tenant from the performance of its obligations under the Lease. The following is for The Gates of Proper project identifying deviations from, Town of Prosper, (Regulations of Signs; Ordinance Number 10-010; Updated June 26, 2012).\ PROPOSED DEVIATIONS 1.Currently the Comprehensive Sign Plan allows for a total of 16 Type “A” and Type “B” signs, equal to the number of lots in this phase of development. We respectfully request consideration to amend the Comprehensive Sign Plan to allow two additional Type “A” Monument Signs. Reason 1: Per the Comprehensive Sign Plan, Lot 3, Block B has one Type “A” (Sign ‘O’) sign located at the far south end of the site along Richland Blvd. The Type “A” sign along Richland Blvd. is approximately 1,400 ft. from the north end of the site along Preston Rd., and is not visible from this location. Lot 3, Block B will have between 10-15 major retail tenants who require signage and visibility from the major thoroughfares and entrances into the site. Adding an additional Type “A” sign along Preston Road will maximize tenant signage and visibility from any direction of travel. (See attached Exhibit C, Sign ‘G’). Reason 2: Per the Comprehensive Sign Plan, Lot 4, Block A has one Type “B” (Sign ‘R’) sign located at the far south end of the site along Hwy. 380. The Type “B” sign along Hwy 380 is approximately 750 feet from Richland Blvd. at the north end of the site and is not visible from that location. We are requesting an additional Type “A” sign at the north end of the site along Richland Blvd. Lot 4, Block A will also have several anchor tenants who require signage and visibility from the major thoroughfares and entrances into the site. Adding an additional Type “A” sign along Richland Blvd. will maximize tenant signage and visibility from any direction of travel. (See attached Exhibit C, Sign ‘P’). Item 7 2.Currently the Comprehensive Sign Plan allows for Anchor Tenants to have wall signage up to 5’ in height. We respectfully request consideration to amend the Comprehensive Sign Plan to allow wall signage up to 9’ in height for Anchor Tenants in specific locations as shown on the attached Exhibit C. Reason: The Anchor Tenants in the indicated locations are significant in building footprint size and in building height. Limiting the size of the wall sign to 5’ at these locations is disproportionate to the scale of the building façade and not easily visible from the approach roads. A maximum of 9’ is more in proportion with the building and is easier for a driving consumer to read. Anchor Tenants: 500 Richland, 700 Richland, 1001, 1061, and 1121 S. Preston. 3.Digital fuel price on Signs ‘L’ and ‘Q’ for 510 Richland. 4.Refer to Exhibit D-30.1. Wall signage up to 30’-1” in height and increased sign length (66’-10”) for 700 Richland Blvd. Wall signage up to 15’-0 ¼” in height for and increased sign length (28’-3 ¼”) 700 Richland Blvd. 5.Refer to Exhibit D-33. Wall signage up to 6’-0” in height and increased sign length (29’-9”) for 1211 S. Preston. 6.Refer to Exhibit D-27. Wall signage up to 7’-7 ¼” in height and increased sign length (44’-3 ½”) for 1071 S. Preston. 7.Refer to Exhibit D-24 and D-24.1. Wall signage up to 11’-1” in height and increased sign length (32’-5”) for 1041 S. Preston. 8.Refer to Exhibit D-25 and D-25.1. Wall signage up to 12’-0” in height and increased sign length (42’-0”) for 1051 S. Preston. 9.Refer to Exhibit D-29, D-29.1, and D-29.2. Increased sign length (36’-11”) for 1121 S. Preston. 10.Refer to Exhibit D-34. Fountain signage 5’-0” in height and 51’-8” in length to be located at the NE and SE corners of Richland and Preston, which is not addressed in the currently adopted Sign Ordinance. This is a major development in a wider regional trade area. It is important for the long term success of the individual tenants as well as the development to make it easy and intuitive for the customer to find their destination during the approach to and travel within the development. Appropriate signage size, location and design all contribute to the first impression and overall long term success. CASE #: MD18-0002 Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 2THE GATES OF PROSPER / Sign Standards Prosper, Texas 2 TYPE A @ 12’-0” - UNIFIED DEVELOPMENT MONUMENT SIGN- PROVIDED 6 SIGNS: TYPE B @ 20’-0” - UNIFIED DEVELOPMENT MONUMENT SIGN- ALONG U.S HWY 380- PROVIDED 2 SIGNS: TYPE C @ 8’-0” - MONUMENT SIGN- PROVIDED 7 SIGNS: BUILDING HEIGHTS: 20+ Feet to 30 Feet30+ FeetANCHOR TENANT(Requested 9’-0” Max Signs) UNIFIED DEVELOPMENT MONUMENT SIGN VARIANCE (Reference: Exhibit E) DISTANCES C to D 75.0’ D to F 1121.3’ E to F 89.6’ F to G 534.1’ F to K 195.0’ L to N 302.7’ N to P 359.2’ M to O 517.0’ Q to R 750.0’ L to P 661.9’ A to B 230.0’ B to C 230.0’ * Added digital fuelprices to sign ‘Q’ * Added digital fuelprices to sign ‘L’ EXHIBIT C Sign Coordination Plan D F G L Q A C MBEK N R O P D F G L A C M B E K N O P Q R * Added monument sign ‘K’ for Chili’s at 1081 S. Preston Wall Sign Designer: PM GATES OF PROSPERPROSPER, TXXTH1/29/18 JLS GM Client: Address: Location: Sales: Date: This is an original drawing created by Walton. It is submitted for your personal use, however, it shall at all times remain the property of Walton. It may be used in connection with the project being planned for you by Walton, but not otherwise. You are not authorized to show these drawings to anyone outside your organization, nor is it to be reproduced, used, copied or exhibited in any fashion. Sales: Date: P.M.: Date: Design: Date: Client: Date: Approvals:Revision: Signs will be manufactured with 120 Volts A/C. All Primary electrical service to the sign,and final connection thereof, is the responsibility of the buyer. All work is to be done in accordance with the purchase agreement attached hereto. In case of variance between the specifications of the purchase agreement and this drawing, the drawing shall prevail. This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign.CIDXXXXXXR0 / 1/30/18 Page - 1 NON-CORROSIVEFASTENERS AS REQUIREDBY LOCAL CODE 1" COUPLER FLEXIBLE CONDUITAS REQUIRED BY LOCALCODE POWER SUPPLY 1/2" x 1" CHASE NIPPLE HOUSING FORPOWER SUPPLY PRIMARY ELECT.BY OTHERS .060 ALUM. RETURNS 6" SPACERS 3/8" CLEAR POLYCARBONATE BACK w/DIFFUSER FILM 1/4" WEEP HOLES 16 GA CABLE RGB LED’s SPLICE CONNECTOR WALL 4” .125” ALUM. FACE LISTED SECTION DETAIL - HALO-LIT CHANNEL LETTER N.T.S. ELEVATION SCALE: 3/16” = 1’ 2'- 6 " 36’-8 1/4” SIDE VIEWSCALE: 3/4” = 1’ 4” 6” EXTERIOR HALO-LIT CHANNEL LETTERS WITH FINISHED BACKS SCALE: AS NOTEDINTERNALLY ILLUMINATED WITH RGB LED’s QUANTITY (1) FACES : 1/8” BRUSHED ALUM. FACESRETURNS: .060” X 4” DEEP BRUSHED ALUM.BACKS : 3/16” CLEAR LEXAN1” X 4” DEEPSPACERS : ILLUMINATION RGB COLOR CHANGING LED ATTACHMENT : SIGN TO MOUNT TO STONE WALL CL CL 0’-6” 1” 1” DIA. X 6” SPACER 1” DIA. X 6” ELECTRICALLEAD FRONT VIEW SCALE: 3/16” = 1’ 2’ - 6 ” 40’-3 3/4” Buildings with requested deviations to sign widthMax sign height: 11’-1”Max sign height: 12’-0”Wall Sign O Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 3THE GATES OF PROSPER / Sign Standards Prosper, Texas 3 TYPE A @ 12’-0” - UNIFIED DEVELOPMENT MONUMENT SIGN- PROVIDED 6 SIGNS: TYPE B @ 20’-0” - UNIFIED DEVELOPMENT MONUMENT SIGN- ALONG U.S HWY 380- PROVIDED 2 SIGNS: TYPE C @ 8’-0” - MONUMENT SIGN- PROVIDED 7 SIGNS: BUILDING HEIGHTS: 20+ Feet to 30 Feet30+ Feet Buildings with requested deviations to sign widthMax sign height: 11’-1”Max sign height: 12’-0”Wall Sign ANCHOR TENANT(Requested 9’-0” Max Signs) EXHIBIT C Sign Coordination Plan D D F F G G L L Q Q A A C C M M BB E E K N N R R O O P P K UNIFIED DEVELOPMENT MONUMENT SIGN VARIANCE (Reference: Exhibit E) DISTANCES C to D 75.0’ D to F 1121.3’ E to F 89.6’ F to G 534.1’ F to K 195.0’ L to N 302.7’ N to P 359.2’ M to O 517.0’ Q to R 750.0’ L to P 661.9’ A to B 230.0’ B to C 230.0’ * Added monument sign ‘K’ for Chili’s at 1081 S. Preston. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 4THE GATES OF PROSPER / Sign Standards Prosper, Texas 4 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-1 Elevations / Sign Details 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX D 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 5THE GATES OF PROSPER / Sign Standards Prosper, Texas 5 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-1 Elevations / Sign Details 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX F 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 6THE GATES OF PROSPER / Sign Standards Prosper, Texas 6 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-2 Elevations / Sign Details 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX G 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 7THE GATES OF PROSPER / Sign Standards Prosper, Texas 7 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-3 Elevations / Sign Details L 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Amendment:* Added digital fuel pricing to this sign 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 8THE GATES OF PROSPER / Sign Standards Prosper, Texas 8 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-4 Elevations / Sign Details 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX O 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 9THE GATES OF PROSPER / Sign Standards Prosper, Texas 9 TYPE A - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 6 SIGNS EXHIBIT D-5 Elevations / Sign Details 12’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX P 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 10THE GATES OF PROSPER / Sign Standards Prosper, Texas 10 TYPE B - UNIFIED DEVELOPMENT MONUMENT SIGN PROVIDED 2 SIGNS 20’ UNIFIED DEVELOPMENT MONUMENT SIGN - 120 SF MAX EXHIBIT D-6 Elevations / Sign Details Q Amendment:* Added digital fuel pricing to this sign 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 11THE GATES OF PROSPER / Sign Standards Prosper, Texas 11 TYPE B - UNIFIED DEVELOPMENT MONUMENT SIGN PYLON SIGN EXHIBIT D-7 Elevations / Sign Details R 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 12THE GATES OF PROSPER / Sign Standards Prosper, Texas 12 TYPE C - MONUMENT SIGN PROVIDED 7 SIGNS EXHIBIT D-8 Elevations / Sign Details MONUMENT SIGN - 64 SF 1. All tenant panels, except those noted in Exhibit C, must have routed-out push-thru letters. 2. The panel colors for all tenant panels, except those noted in Exhibit C, must match PMS Cool Grey 8 3. All tenant copy, except those noted in Exhibit C, must be white acrylic. Corporate colors are not allowed on the panel. Amendment:* Added monument sign ‘K’ for Chili’s at 1081 S Preston Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 13THE GATES OF PROSPER / Sign Standards Prosper, Texas 13 TYPE C - MONUMENT SIGN EXHIBIT D-9 Elevations / Sign Details MONUMENT SIGN - 64 SF N Amendment:* Removed digital fuel pricing from this sign Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 14THE GATES OF PROSPER / Sign Standards Prosper, Texas 14 TENANTSUITE # TENANT SUITE # TYPEFACE: ARIAL 5’-0” 4” 2” 1.5” EQ.EQ. Sherwin WilliamsSW7675 SealskinRGB: R-73, G-69, B-64 TYPICAL REAR ENTRY SIGN - N.T.S.TYPICAL REAR ENTRY LETTER DETAIL - N.T.S. TYPICAL REAR DOOR TENANT SIGN EXHIBIT D-10 Elevations / Sign Details Per code, no deviations. For reference only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 15THE GATES OF PROSPER / Sign Standards Prosper, Texas 15BUILDING 1 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. Cannot exceed 60% wall length overall, if height of building is between 20 to 30 ft. EXHIBIT D-11 RICHLAND BLVDV ANVANV ANV AN2435' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10"36' - 0"40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6"57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6"35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-241253,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA KEYPLAN NORTH CONCEPT ELEVATION Concept Elevation to identify sign area only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 16THE GATES OF PROSPER / Sign Standards Prosper, Texas 16 R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10"36' - 0"40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6"57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6"35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA BUILDING 2 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. Cannot exceed 60% wall length overall, if height of building is between 20 to 30 ft. EXHIBIT D-12 KEYPLAN WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 17THE GATES OF PROSPER / Sign Standards Prosper, Texas 17 R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10"36' - 0"40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6"57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6"35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA BUILDING 3 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. Cannot exceed 60% wall length overall, if height of building is between 20 to 30 ft. EXHIBIT D-13 KEYPLAN WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 18THE GATES OF PROSPER / Sign Standards Prosper, Texas 18 RICHLANDBLVDV ANVANV ANV AN24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10"36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6"57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6"35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A"1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA BUILDING 4 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. Cannot exceed 60% wall length overall, if height of building is between 20 to 30 ft. EXHIBIT D-14 KEYPLAN WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 19THE GATES OF PROSPER / Sign Standards Prosper, Texas 19BUILDING 5 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. Cannot exceed 60% wall length overall, if height of building is between 20 to 30 ft. EXHIBIT D-15 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANY METHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 20THE GATES OF PROSPER / Sign Standards Prosper, Texas 20 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. BUILDING 6 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-16 KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 21THE GATES OF PROSPER / Sign Standards Prosper, Texas 21 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. BUILDING 7 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-17 KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 22THE GATES OF PROSPER / Sign Standards Prosper, Texas 22 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. BUILDING 8 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-18 KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 23THE GATES OF PROSPER / Sign Standards Prosper, Texas 23BUILDING 9 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-19 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 24THE GATES OF PROSPER / Sign Standards Prosper, Texas 24 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. BUILDING 10 EXHIBIT D-20* Noted as “Anchor Tenant” on Exhibit C. Location on Exhibit C is permitted 9’-0” max sign height. KEYPLAN RICHLANDBLVDV ANVANV ANV AN2435' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 25THE GATES OF PROSPER / Sign Standards Prosper, Texas 25BUILDING 11 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-21 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN RICHLAND BLVDV ANVANV ANV AN2435' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-241253,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 26THE GATES OF PROSPER / Sign Standards Prosper, Texas 26BUILDING 12 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-22 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN RICHLAND BLVDV ANVANV ANV AN2435' - 8"30' - 0"29' - 0"40' - 0"31' - 0"28' - 0"60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2"32' - 10"32' - 0"36' - 0"40' - 0"40' - 0"29' - 0"35' - 4"17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1"35' - 0"31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07TILTWALL PAINTED11GLASS12APAINTBENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5JCANVAS AWNING15AILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM1619PREFINISHEDMETAL COPINGPAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6GMETAL AWNING15B13METAL HOLLOW METAL DOORPAINTSHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOGDATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-241253,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOGDATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 27THE GATES OF PROSPER / Sign Standards Prosper, Texas 27BUILDING 13 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-23 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10"32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0"80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0"1 WEST ELEVATION "A" 1/16" = 1'-0"2 WEST ELEVATION "B" 1/16" = 1'-0"3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0"4 WEST ELEVATION "D" 1/16" = 1'-0"5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8% 13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 28THE GATES OF PROSPER / Sign Standards Prosper, Texas 28BUILDING 14 EXHIBIT D-24 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V DV ANVANV ANV AN 24 35' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10"32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHI J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0" 1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLAN NORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Amendment:* Noted as “Anchor Tenant” on Exhibit C. Location on Exhibit C is requesting 11’-1” max sign height.* Maximum width requested: 32’-5” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 29THE GATES OF PROSPER / Sign Standards Prosper, Texas 29BUILDING 14 EXHIBIT D-24.1 KEYPLAN Deviation from code: 1.Maximum sign height allowed: 9’ Height requested: 11’-1” 2.Maximum sign width allowed: 50% or 30’ Width requested: 32’-5” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 30THE GATES OF PROSPER / Sign Standards Prosper, Texas 30BUILDING 15 EXHIBIT D-25 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN RICHLANDBLVDV ANVANV ANV AN24 35' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10" 32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6E CAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS 6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0" 1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF 86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Deviation from code: 1. Maximum sign height allowed: 9’ Height requested: 12’-0” 2.Maximum sign width allowed: 50% or 30’ Width requested: 42’-0” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 31THE GATES OF PROSPER / Sign Standards Prosper, Texas 31BUILDING 15 EXHIBIT D-25.1 SHEETMEMBER1057 solano ave. p.o. box 6153 albany, ca 94706-0153 510/526-0296 fax 526-6092 www.billmoore.com bill moore & associates drawn 08/25/16 Exhibit J 09/15/17 revised per AE-2 01/29/18 TK-NSCALE: 3/32" = 1'- 0" STOREFRONT • WEST • PRESTON ROAD • ELEVATION1 LANDLORD TO PROVIDE: • ADEQUATE ACCESS BEHIND LOGO LETTERS FOR INSTALLATION AND MAINTENANCE, PER ARTICLE 600 OF THE N.E.C. • ONE (1) 20 AMP 120V ISOLATED SIGN CIRCUIT AND JUNCTION BOX TO AREA BEHIND SIGN LETTERS CONNECTED TO THE ENERGY MANAGEMENT SYSTEM • AT LEAST 1/2" THICK PLYWOOD BACKING BEHIND ALL E.I.F.S. WALL SYSTEMS FOR SIGN AND BANNER SUPPORT SIGN FASCIA TO BE FREE OF JOINTS & REVEALS, AND OF A LIGHT COLOR (MINIMUM 80% L.R.V.) TO PROVIDE HIGH CONTRAST AND VISIBILITY FOR THE SIGN. ALL COLORS ARE SUBJECT TO ROSS STORES, INC. REVIEW AND APPROVAL. COLOR APPEARANCE MAY BE ALTERED BY PRINTING, SEE APPROVED FINAL CONSTRUCTION DRAWINGS FOR COLOR SPECIFICATIONS. IF ANY SIGNAGE PROPOSED IN THIS EXHIBIT IS ALTERED BY LOCAL GOVERNMENT AUTHORITIES, ROSS STORES INC. RESERVES THE RIGHT TO, AT NO COST, ADJUST ARCHITECTURAL FEATURES TO BEST ACCOMMODATE THE ALTERED SIGNAGE. Notes: 2006 PROSPER Gates of Prosper NEC Preston Road & US Highway 380 Prosper, Texas 24'-0" 42'-0" EQ+3" EQ-3" 9'-0"9'-0" 72" 30" 42" S17242 A 72"H INDIVIDUAL "ROSS" PAN CHANNEL LETTER-LOK LOGO LETTERS: FACES: TUF-GLAS SG 21210-E4 MATTE BLUE RETURNS: 8"D ALUM. W/ WHITE FINISH TRIM CAP: 2" WHITE JEWELITE LETTER BACKS: ALUMINUM LEDS: INSEM SS-KDL2CL-RW 9000K WHITE MOUNTING: 1/4"-20 GALV. THRU BOLTS PEG OFF: 1/2" SPACERS B 42"H INDIVIDUAL "DFL" LOGO LETTERS: ALL CALLOUTS SAME AS "ROSS" EXCEPT: RETURNS: 5"D ALUM. W/ WHITE FINISH TRIM CAP: 1" WHITE JEWELITE LEDS: INSEM SS-KDL2CL-RW 9000K WHITE A B EQ EQ C C 23"H X 46"W X 10"D DOUBLE-FACE INTERNALLY ILLUMINATED UNDER-CANOPY SIGN, SEE SHEET UC FOR DETAILS. 23" 8'-6"A.F.F. 23" CL 8'-6"A.F.F. D 24"H X 48"W X 1"D SINTRA OVAL "ROSS" LOGO WALL PLAQUE TWO (2) REQUIRED AS SHOWN, SEE SHEET EL FOR DETAILS. 84" 24" 84" 24" 48"48" 84" 24" 84" 24" D CL CL 48"48"EQ.EQ.EQ.EQ.14'-9"38" 3 471 25 6 6 1 SIGN FASCIA BY LANDLORD, SEE NOTES 2 TYPICAL ARCHITECTURAL LIGHTING BY LANDLORD 4 FROSTED FILM BY LANDLORD 3 CLEAR ANODIZED ALUMINUM STOREFRONT & DOORS BY LANDLORD 5 SET OF FIVE (5) EYE-BOLTS FOR BANNER ATTACHMENT BY LANDLORD. TWO (2) SETS REQUIRED AS SHOWN. 6 ADJACENT PARAPET MAY NOT BE HIGHER THAN THE ROSS BASE BUILDING 7 RECESSED ILLUMINATED NICHE BY LANDLORD 9'-0" 9'-0"4'-0"9'-0" 9'-0"4'-0"4'-0" 13'-6" B.O. CANOPY 13'-6" B.O. CANOPY 7'-0"7'-0" 24"24" 1'-4"1'-4" 16" 16" 8"16" 16" 48" 8"16" 16" 48" LE A S E L I N E LE A S E L I N E 155'-0" LEASE LINE TO LEASE LINE 64'-6" 15'-7" 15'-7" 40'-0" 0'-0"0'-0" 32'-0" 36'-0" 52'-2" 6'-2" 6'-2" 18'-8" KEYPLAN Deviation from code: 1.Maximum sign height allowed: 5’ Height requested: 12’-0” 2.Maximum sign width allowed: 50% or 30’ Width requested: 42’-0” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 32THE GATES OF PROSPER / Sign Standards Prosper, Texas 32BUILDING 16 EXHIBIT D-26 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN RICHLANDBLVDV ANVANV ANV AN2435' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10" 32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCDEFGHIJ 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02STORE FRONT KAWNEER, CLEAR ANODIZED03EIFSDRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04PAINTSHERWIN WILLIAMS, SW6141 SOFTER TAN5APAINTSHERWIN WILLIAMS, SW6142 MACADAMIA5BPAINTSHERWIN WILLIAMS, SW6143 BASKET BEIGE5CPAINTSHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5DPAINTSHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5EPAINTSHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5GPAINTSHERWIN WILLIAMS, SW7067 CITYSCAPE5IMFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) -CORONADO STONE PRODUCTS6AMFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHTSTONE) - CORONADO STONE PRODUCTS6BMFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) -CORONADO STONE PRODCUTS6CMFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADOSTONE PRODUCTS6DMFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 -CORONADO STONE PRODUCTS6ECAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5KMFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADOSTONE PRODUCTS6FMFG. STONE REFINED WOODSTONE - CT-495 - CORONADOSTONE PRODUCTS6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANYMETHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF:GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0" 1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plansrequire review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance.• When permitted, exposed utility boxes and conduits shall be painted tomatch the building.• All signage areas and locations are subject to approval by the BuildingInspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10)percent. 1/16" = 1'-0" 4WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLANNORTHSURVEYOR / APPLICANTKIMLEY-HORN AND ASSOCIATES, INC5750 GENESIS COURT, SUITE 200FRISCO, TX 75034PHONE (972) 355-3580OWNER380 & 289, LP.8000 WARREN PARKWAYFRISCO, TX 75034PHONE (972) 543-241253,091 SF12,649 SF40,442 SF35,088 SF18,534 SF16,554 SF1238 SF1271 SF3178 SF2360 SF7175 SF219 SF1113 SF5354 SF3356 SF1267 SF731 SF86.8%45.8%40.9%3.1%3.1%7.9%5.8%17.7%0.5%2.8%13.2%8.3%3.1%1.8%TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALSTILTWALL, PAINTEDSTONESTONE ASTONE BSTONE CSTONE DSTONE ECAST STONEWOODSTONESECONDARY MATERIALSMETALSEIFS, PAINTEDFABRIC AWNINGSFRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Amendment:* Noted as “Anchor Tenant” onExhibit C. Location on Exhibit C is requesting 9’-0” max sign height. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 33THE GATES OF PROSPER / Sign Standards Prosper, Texas 33BUILDING 17 1.Maximum sign height allowed: 7’-7 1/4” 2.Maximum sign width allowed: 44’-3 1/2” EXHIBIT D-27 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V D V A N VAN V A N V A N 24 35' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10" 32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCD E F G H I J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02 STORE FRONT KAWNEER, CLEAR ANODIZED03 EIFS DRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04 PAINT SHERWIN WILLIAMS, SW6141 SOFTER TAN5A PAINT SHERWIN WILLIAMS, SW6142 MACADAMIA5B PAINT SHERWIN WILLIAMS, SW6143 BASKET BEIGE5C PAINT SHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5D PAINT SHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5E PAINT SHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5G PAINT SHERWIN WILLIAMS, SW7067 CITYSCAPE5I MFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS 6A MFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS 6B MFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS 6C MFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS 6D MFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS 6E CAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5K MFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS 6F MFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS 6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANY METHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF: GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0" 1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division. • All mechanical equipment shall be screened from public view in accordance with the Comprehensive 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 Inspection Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLAN NORTH SURVEYOR / APPLICANT KIMLEY-HORN AND ASSOCIATES, INC 5750 GENESIS COURT, SUITE 200 FRISCO, TX 75034 PHONE (972) 355-3580 OWNER 380 & 289, LP. 8000 WARREN PARKWAY FRISCO, TX 75034 PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF 18,534 SF 16,554 SF 1238 SF 1271 SF 3178 SF 2360 SF 7175 SF 219 SF 1113 SF 5354 SF 3356 SF 1267 SF 731 SF 86.8% 45.8% 40.9% 3.1% 3.1% 7.9% 5.8% 17.7% 0.5% 2.8% 13.2% 8.3% 3.1% 1.8% TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALS TILTWALL, PAINTED STONE STONE A STONE B STONE C STONE D STONE E CAST STONE WOODSTONE SECONDARY MATERIALS METALS EIFS, PAINTED FABRIC AWNINGS FRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 34THE GATES OF PROSPER / Sign Standards Prosper, Texas 34BUILDING 17 EXHIBIT D-27.1 By JS0 / 0 / 17 by AA6 / 04 / 13 CORPORATE HEADQUARTERS 1077 West Blue Heron Blvd., West Palm Beach, FLA 33404Phone: (561)863-6659 / (800)772-7932 Fax: (561)863-4294 NORTHEAST DIVISION 707 Commerce Dr., Concord, NC 28025Phone: (704)788-3733 / (800)772-7932 Fax: (704)788-3843 www.atlassignindustries.us This design / engineering is to remain Atlas Sign Industries exclusive property until approved and accepted thru purchase by client named on drawing. No part of design and or specifications may be duplicated without written authorization of Atlas Sign Industries. Copyright 2011C Approved by: Date: APPROVEDAS SHOWN APPROVEDAS NOTED CORRECT & RESUBMIT Drawing No. Date Path PM Drawn By Revision 1 Revision 2 Revision 3 Scale Sheet No. Revision 4 Revision 5 80658-1 7 / 26 / 2017 Retail | RRS | TX | Prosper Kaytlyn S. T. DeNicholas As Shown (1) OF (4) Volts 120V Primary / 24V Secondary Total AMPS 1.3 Circuits 1 Visible Disconnects (1) 20 Amp @ 120VAC Power Supplies (2) GEPS12-60UNA @ .65 Amps Each ELECTRICAL DATA ELECTRICAL NOTES 1. All materials and fasteners meet 3004.4 2. All electrical components are UL listed and approved. 3. Sign grounded according to NEC 6007.7 4. Signs manufactured and listed NEC 600.3 and marked per NEC 600.4. 5. All branch circuits per NEC 600.5(B).1 or (B).2. 6. All Signs controlled by photocell or time clock per FBC 13-415. (ABC).1.4. 7. One visible 20 amp disconnect per sign per circuit per NEC 600.6(A).1 SCOPE OF WORK: Manufacture and install face lit channel letters with bar and tilted square. 36 " 6" 531 ½" (44' - 3 ½") Overall Length 91 ¼ " ( 7 ' - 7 ¼ " ) SQUARE FOOTAGE Proposed: 60.87 x 356.50...........150.69 Sq Ft CHANNEL LETTERS RETURNS & BACKS: 5" returns, Black (pre-nished) aluminum coil. Returns to house bafed drain-holes. Letter-backs of Ultra White aluminum. Letter interiors painted Ultra White. FACES: Acrylic faces secured with 1" jewelite trimcap. ILLUMINATION: Channel letters are internally illuminated with GE Tetra LED modules. Power supplies are located behind wall. COLOR SCHEDULE: Returns = Formed aluminum pre-finish Black (satin) Letter Faces = 2119 Orange acrylic Jewelite Trimcap = 1" Black Internal Illumination = Amber/Red LEDs ILLUMINATED BAR RETURNS: 5" returns aluminum coil with painted nish. Returns to house bafed drain-holes. Backs of Ultra White aluminum with interior painted Ultra White. FACES: Acrylic face secured with ½" (face side) x ¾" (return side) aluminum retainer. ILLUMINATION: Bar is internally illuminated with GE Tetra LED modules. Power supplies are located behind wall. COLOR SCHEDULE: Aluminum Retainer = ½" x ¾" formed aluminum painted PMS 281 Blue (satin) Letter Faces = 2447 White acrylic with 3M 3630-36 Blue vinyl overlay Returns = Formed aluminum painted PMS 281 Blue (satin) Internal Illumination = Blue LEDs TILTED SQUARE CABINET: 7" deep S/F Cabinet.. FACES: Acrylic faces panned and embossed with surface applied graphics. ILLUMINATION: Cabinet is internally illuminated with GE Tetra LED modules. COLOR SCHEDULE: Returns = Aluminum fabricated & painted to match 2119 Orange Face = 7328 white acrylic - panned with 3M 3630-44 Orange vinyl Retainers = Aluminum fabricated & painted to match 2119 Orange Internal Illumination = GE Tetra LEDs - White Copy = Embossed - White with black vinyl Drop Shadow. Gates of Prosper, Suite 1071 - Prosper, TX Channel Letters on Elevation STOREFRONT ELEVATION Scale: 3/32" = 1'-0" SIDE VIEW 5" 7" 74" (6'-2" ) 438 ¾" (36' - 6 ¾") INTERNALLY ILLUMINATED TILTED SQUARE, CHANNEL LETTERS AND BAR Scale: 3/16" = 1'-0" By JS0 / 0 / 17 by AA6 / 04 / 13 CORPORATE HEADQUARTERS 1077 West Blue Heron Blvd., West Palm Beach, FLA 33404Phone: (561)863-6659 / (800)772-7932 Fax: (561)863-4294 NORTHEAST DIVISION 707 Commerce Dr., Concord, NC 28025Phone: (704)788-3733 / (800)772-7932 Fax: (704)788-3843 www.atlassignindustries.us This design / engineering is to remain Atlas Sign Industries exclusive property until approved and accepted thru purchase by client named on drawing. No part of design and or specifications may be duplicated without written authorization of Atlas Sign Industries. Copyright 2011C Approved by: Date: APPROVEDAS SHOWN APPROVEDAS NOTED CORRECT & RESUBMIT Drawing No. Date Path PM Drawn By Revision 1 Revision 2 Revision 3 Scale Sheet No. Revision 4 Revision 5 80658-1 7 / 26 / 2017 Retail | RRS | TX | Prosper Kaytlyn S. T. DeNicholas As Shown (1) OF (4) Volts 120V Primary / 24V Secondary Total AMPS 1.3 Circuits 1 Visible Disconnects (1) 20 Amp @ 120VAC Power Supplies (2) GEPS12-60UNA @ .65 Amps Each ELECTRICAL DATA ELECTRICAL NOTES 1. All materials and fasteners meet 3004.4 2. All electrical components are UL listed and approved. 3. Sign grounded according to NEC 6007.7 4. Signs manufactured and listed NEC 600.3 and marked per NEC 600.4. 5. All branch circuits per NEC 600.5(B).1 or (B).2. 6. All Signs controlled by photocell or time clock per FBC 13-415. (ABC).1.4. 7. One visible 20 amp disconnect per sign per circuit per NEC 600.6(A).1 SCOPE OF WORK: Manufacture and install face lit channel letters with bar and tilted square. 36 " 6" 531 ½" (44' - 3 ½") Overall Length 91 ¼ " ( 7 ' - 7 ¼ " ) SQUARE FOOTAGE Proposed: 60.87 x 356.50...........150.69 Sq Ft CHANNEL LETTERS RETURNS & BACKS: 5" returns, Black (pre-nished) aluminum coil. Returns to house bafed drain-holes. Letter-backs of Ultra White aluminum. Letter interiors painted Ultra White. FACES: Acrylic faces secured with 1" jewelite trimcap. ILLUMINATION: Channel letters are internally illuminated with GE Tetra LED modules. Power supplies are located behind wall. COLOR SCHEDULE: Returns = Formed aluminum pre-finish Black (satin) Letter Faces = 2119 Orange acrylic Jewelite Trimcap = 1" Black Internal Illumination =Amber/Red LEDs ILLUMINATED BAR RETURNS: 5" returns aluminum coil with painted nish. Returns to house bafed drain-holes. Backs of Ultra White aluminum with interior painted Ultra White. FACES:Acrylic face secured with ½" (face side) x ¾" (return side) aluminum retainer. ILLUMINATION: Bar is internally illuminated with GE Tetra LED modules. Power supplies are located behind wall. COLOR SCHEDULE: Aluminum Retainer = ½" x ¾" formed aluminum painted PMS 281 Blue (satin) Letter Faces = 2447 White acrylic with 3M 3630-36 Blue vinyl overlay Returns = Formed aluminum painted PMS 281 Blue (satin) Internal Illumination = Blue LEDs TILTED SQUARE CABINET: 7" deep S/F Cabinet.. FACES: Acrylic faces panned and embossed with surface applied graphics. ILLUMINATION: Cabinet is internally illuminated with GE Tetra LED modules. COLOR SCHEDULE: Returns =Aluminum fabricated & painted to match 2119 Orange Face = 7328 white acrylic - panned with 3M 3630-44 Orange vinyl Retainers =Aluminum fabricated & painted to match 2119 Orange Internal Illumination =GE Tetra LEDs - White Copy = Embossed - White with black vinyl Drop Shadow. Gates of Prosper, Suite 1071 - Prosper, TX Channel Letters on Elevation STOREFRONT ELEVATION Scale: 3/32" = 1'-0" SIDE VIEW 5" 7" 74" (6'-2" ) 438 ¾" (36' - 6 ¾") INTERNALLY ILLUMINATED TILTED SQUARE, CHANNEL LETTERS AND BAR Scale: 3/16" = 1'-0" KEYPLAN Deviation from code: 1.Maximum sign height allowed: 7’-7 1/4” 2. Maximum sign width allowed: 44’-3 1/2” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 35THE GATES OF PROSPER / Sign Standards Prosper, Texas 35BUILDING 18 Per code, no deviations. Building elevations are for reference only. Cannot exceed 50% wall length overall, if height of building is greater than 30 ft. EXHIBIT D-28 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN R I C H L AN D B L V D V A N VAN V A N V A N 24 35' - 8" 30' - 0"29' - 0" 40' - 0" 31' - 0" 28' - 0" 60'-2 1/4"4'-3 5/8"43'-2 3/4"4'-5 5/8"59'-4 1/2"18'-11 1/2"64'-0"18'-11 1/2"58'-8 1/2" 32' - 10" 32' - 0" 36' - 0" 40' - 0"40' - 0" 29' - 0" 35' - 4" 17' - 7 3/4"60' - 9 1/2"17' - 7 3/4"14' - 10 3/4"53' - 5 1/4"64' - 6 1/2"38' - 0"7' - 3 1/4"81' - 0"7' - 6"16' - 3"35' - 6"28' - 3"13' - 1" 35' - 0" 31' - 0"27' - 10" 36' - 0" 40' - 0" 33' - 0"29' - 0" 29' - 0" 28' - 6"33' - 0" 35' - 0" 28' - 0" 36' - 6" 57' - 6 1/4"54' - 8 3/4"7' - 6 7/32"30' - 6 3/4"67' - 6"16' - 11 9/32"100' - 5 1/2"23' - 9 1/4"87' - 6" 35' - 0" 29'-3 7/8"54'-11 1/4"36'-0"53'-0"36'-0"55'-10 1/4"14'-3 1/2" 35' - 0" 26' - 4" 30' - 4" 35' - 0" 30' - 4" 40' - 0" 80'-5 1/8"35'-3 1/8"28'-1 5/8" 24' - 0" 35' - 0" 26' - 4" ABCD E F G H I J 01 NOT USEDKEYNOTES FINISH SCHEDULEMETAL SOFFIT/ PAC-CLAD, FLUSH/REVEAL, WEATHERED ZINCCANOPY02 STORE FRONT KAWNEER, CLEAR ANODIZED03 EIFS DRYVIT, #449 BUCKSKIN, SANDPEBBLE FINE04 PAINT SHERWIN WILLIAMS, SW6141 SOFTER TAN5A PAINT SHERWIN WILLIAMS, SW6142 MACADAMIA5B PAINT SHERWIN WILLIAMS, SW6143 BASKET BEIGE5C PAINT SHERWIN WILLIAMS, SW2835 CRAFTSMAN BROWN5D PAINT SHERWIN WILLIAMS, SW2833 ROCKWOOD GRAY5E PAINT SHERWIN WILLIAMS, SW7046 ANONYMOUS5F PAINT SHERWIN WILLIAMS, SW2845 BUNGLEHOUSE GRAY5G PAINT SHERWIN WILLIAMS, SW7067 CITYSCAPE5I MFG. STONE PRO-LEDGE - BOOKSIDE (DARK STONE) - CORONADO STONE PRODUCTS 6A MFG. STONE OSAGE - FOSSIL BAY - OVERGROUT JOINT (LIGHT STONE) - CORONADO STONE PRODUCTS 6B MFG. STONE TEXAS RUBBLE - AUSTIN (CREAM & RUST) - CORONADO STONE PRODCUTS 6C MFG. STONE 6" SPLIT LIMESTONE - MULTI COLORS - CORONADO STONE PRODUCTS 6D MFG. STONE 12"x24" CORONADO LUEDERS - COLOR 1&2 - CORONADO STONE PRODUCTS 6E CAST STONE BUFF W/ SMOOTH FINISH07 TILTWALL PAINTED11 GLASS12A PAINT BENJAMIN MOORE, BM2061-20 - CHAMPION COBALT5J CANVAS AWNING15A ILLUMINATED RE: OLD NAVY FACADE FIN SYSTEM16 19 PREFINISHED METAL COPING PAINT BENJAMIN MOORE, BM2099-10 - BROWN5K MFG. STONE 12"x24" SMOOTH LIMESTONE - CREAM - CORONADO STONE PRODUCTS 6F MFG. STONE REFINED WOODSTONE - CT-495 - CORONADO STONE PRODUCTS 6G METAL AWNING15B 13 METAL HOLLOW METAL DOOR PAINT SHERWIN WILLIAMS, SW6090 JAVA5H ISSUE LOG DATE DESCRIPTION COPYRIGHT © 2016 O'BRIEN THESE DRAWINGS, OR PARTSTHEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANY METHOD, FOR ANY PURPOSE, WITHOUT THE PRIOR WRITTENCONSENT FROM O'BRIEN SHEET NO. DATE SEAL: ARCH. PROJ. #: SCALE: REF. DRAWING 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 972 . 788 . 1010 www.obrienarch.com A DEVELOPMENT OF: GATESPROSPEROF 06/27/2016 26053 ELEVATIONS A5.1 1/16" = 1'-0" 1 WEST ELEVATION "A" 1/16" = 1'-0" 2 WEST ELEVATION "B" 1/16" = 1'-0" 3 WEST ELEVATION "C" ELEVATION NOTES• This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division. • All mechanical equipment shall be screened from public view in accordance with the Comprehensive 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 Inspection Department. • Windows shall have a maximum exterior visible reflectivity of ten (10) percent. 1/16" = 1'-0" 4 WEST ELEVATION "D" 1/16" = 1'-0" 5 NORTH ELEVATION "E" KEY PLAN NORTH SURVEYOR / APPLICANT KIMLEY-HORN AND ASSOCIATES, INC 5750 GENESIS COURT, SUITE 200 FRISCO, TX 75034 PHONE (972) 355-3580 OWNER 380 & 289, LP. 8000 WARREN PARKWAY FRISCO, TX 75034 PHONE (972) 543-2412 53,091 SF12,649 SF40,442 SF35,088 SF 18,534 SF 16,554 SF 1238 SF 1271 SF 3178 SF 2360 SF 7175 SF 219 SF 1113 SF 5354 SF 3356 SF 1267 SF 731 SF 86.8% 45.8% 40.9% 3.1% 3.1% 7.9% 5.8% 17.7% 0.5% 2.8% 13.2% 8.3% 3.1% 1.8% TOTAL ELEVATION AREAWINDOWS AND DOORSNET ELEVATIONPRIMARY MATERIALS TILTWALL, PAINTED STONE STONE A STONE B STONE C STONE D STONE E CAST STONE WOODSTONE SECONDARY MATERIALS METALS EIFS, PAINTED FABRIC AWNINGS FRONT ELEVATION AREAS (NORTH & WEST) A, B, C, D, E*NOTE: SECONDARYMATERIALS SHALL NOTEXCEED 15% REVISION LOG DATE DESCRIPTION DELTA Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 36THE GATES OF PROSPER / Sign Standards Prosper, Texas 36BUILDING 19 Deviation from code: Permitted 9’-0” Letters for Anchor Tenants * Maximum sign length requested: 36’-11” EXHIBIT D-29 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. KEYPLAN Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 37THE GATES OF PROSPER / Sign Standards Prosper, Texas 37BUILDING 19 KEYPLANPROPOSED ELEVATION -- Signs A & B Deviation from code: 1.Maximum sign height allowed: 9’ Height requested: 8’-0 3/4” 2.Maximum sign width allowed: 50% or 30’ Width requested: 36’-11” A B EXHIBIT D-29.1 34 ’ - 0 ” O . A . H 13 ’ - 0 ” 8” - 0 3 / 4 ” 36’-11” 60’-0” CL ON FASCIA CL CL Concept Elevation to identify sign area only. Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 38THE GATES OF PROSPER / Sign Standards Prosper, Texas 38BUILDING 19 EXHIBIT D-29.2 KEYPLAN SIGN TYPE “A” SIGN TYPE “B” Deviation from code: 1.Maximum sign height allowed: 9’ Height requested: 8’-0 3/4” 2. Maximum sign width allowed: 50% or 30’ Width requested: 36’-11”” S IGN T YPE : A Sign(s) Type: A Manufacture and Install: (1) One Set of Internally (LED) Illuminated Remote Channel Letters “Burlington” Letters: 5” deep, .040” Aluminum Returns Pre-painted Black (Satin Finish), 3/16” Sign White Lexan Faces with 1st Surface Burlington Red Translucent Vinyl, 1” Black Trim Cap, Red LED’s. Tag Line Letters: 3” deep, .040” Aluminum Returns Pre-painted Black (Satin Finish), 3/16” Clear Plex Faces w/ 1st Surface 3M # 3635-222 Perforated Black, 2nd Surface 3M 30% Diffuser. 1” Black Trim Cap. White 6500K LED Illumination. Incoming Power/Access: 120v Primary Circuit(s) by Others, Reasonable Access req'd. S C O P E O F W O R K 297 SQ. FT.SIGN TYPE: A SCALE: 1/8” = 1’-0”72” ILLUMINATED CHANNEL LETTERS w/ TAG LINE 36 11’ - ” 72 ” 38 ” 10 1 / 2 ” 9” 22 3 1/2’ - ”10 0’ - ” 8’ - 0 3 / 4 ” O . A . H . S IGN T YPE : B S C O P E O F W O R K Sign(s) Type: B Manufacture and Install: (2) Two Non-Illuminated Boxed “B” Logos FCO Logo: 1/2” Acrylic painted to match PMS 207c, satin finish. Stud mount, flush, with silicone. END VIEW 16 SQ. FT.SIGN TYPE: B SCALE: 1/2” = 1’-0”FCO LOGO 1 5 / 1 6 " 48 " 36 " 1/2"48” S IGN T YPE : A Sign(s) Type: A Manufacture and Install: (1) One Set of Internally (LED) Illuminated Remote Channel Letters “Burlington” Letters: 5” deep, .040” Aluminum Returns Pre-painted Black (Satin Finish), 3/16” Sign White Lexan Faces with 1st Surface Burlington Red Translucent Vinyl, 1” Black Trim Cap, Red LED’s. Tag Line Letters: 3” deep, .040” Aluminum Returns Pre-painted Black (Satin Finish), 3/16” Clear Plex Faces w/ 1st Surface 3M # 3635-222 Perforated Black, 2nd Surface 3M 30% Diffuser. 1” Black Trim Cap. White 6500K LED Illumination. Incoming Power/Access: 120v Primary Circuit(s) by Others, Reasonable Access req'd. S C O P E O F W O R K 297 SQ. FT.SIGN TYPE: A SCALE: 1/8” = 1’-0”72” ILLUMINATED CHANNEL LETTERS w/ TAG LINE 36 11’ - ” 72 ” 38 ” 10 1 / 2 ” 9” 22 3 1/2’ - ”10 0’ - ” 8’ - 0 3 / 4 ” O . A . H . S IGN T YPE : B S C O P E O F W O R K Sign(s) Type: B Manufacture and Install: (2) Two Non-Illuminated Boxed “B” Logos FCO Logo: 1/2” Acrylic painted to match PMS 207c, satin finish. Stud mount, flush, with silicone. END VIEW 16 SQ. FT.SIGN TYPE: B SCALE: 1/2” = 1’-0”FCO LOGO 1 5 / 1 6 " 48 " 36 " 1/2"48” Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 39THE GATES OF PROSPER / Sign Standards Prosper, Texas 39 WEST CONCEPT ELEVATION Concept Elevation to identify sign area only. BUILDING 19 Deviation from code: Requested 9’-0” Letters for Anchor Tenants EXHIBIT D-30 TENANT SIGN LOCATIONSIGN: 9’-0” MAX HEIGHTTENANT SIGN LOCATIONSIGN: 9’-0” MAX HEIGHT 9’ - 0 ” 9’ - 0 ” KEYPLAN Item 7 30 ’ - 1 ” 66’-10” SIGN A Deviation from code: Requested 30’-1” Letter for Anchor Tenants SIGN B Deviation from code: Requested 15’-1” Letter for Anchor Tenants EXHIBIT D-30.1 KEYPLAN Item 7 EXHIBIT D-30.2 SIGN C Deviation from code: Requested 9’-0” Letter for Anchor Tenants SIGN D Deviation from code: Requested 7’-4” Letter for Anchor Tenants KEYPLAN Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 42THE GATES OF PROSPER / Sign Standards Prosper, Texas 42 NORTH ELEVATION NORTH ELEVATION 1 of 5Prosper, TX #6300February 26, 2016 DESIGN REPRESENTATION ONLY – NOT FOR CONSTRUCTION The building images shown are a representation of the current design intent only. The building images may not reflect variations in color, tone, hue, tint, shading, ambient light intensity, materials, texture, contrast, font style, construction variations required by building codes or inspectors, materials or final design detailing. Façade Plan (North Elevation) FRONT ELEVATION (NORTH) SMOOTH FACE CMU BANDING SW 6385 “DOVER WHITE” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CARAMEL” BORAL STONE “CARAMEL” BORAL STONE “CARAMEL” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” ORNAMENTAL METAL FENCING BORAL STONE “CARAMEL” H.M. DOOR SW #7522 "MEADOWLARK" EIFS CORNICE PAINT SW #6112 "BISCUIT" EIFS CORNICE PAINT SW #6112 "BISCUIT" SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” METAL AWNING SW 7669 “SUMMIT GRAY”METAL AWNING SW 7669 “SUMMIT GRAY” OPEN TRELLIS SW 7669 “SUMMIT GRAY” OPEN TRELLIS SW 7669 “SUMMIT GRAY” T.O.M. 26’-8" T.O.M. 27-4" T.O.P. 31’-4" T.O.P. 34’-0"T.O.P. 31’-4" T.O.P. 31’-4"T.O.P. 29’-4”T.O.M. 27’-4"T.O.M. 26’-8"T.O.M. 25’-4" FIBER CEMENT BOARD “WOODGRAIN” FIBER CEMENT BOARD “WOODGRAIN”FIBER CEMENT BOARD “WOODGRAIN” FAÇADE PLAN CHECKLIST • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view in accordance with the Comprehensive 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 Inspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10) percent. PRIMARY MATERIALS: MONUMENTAL OVERSIZED MASONRY UNITS = 1,930 SF (13.3%) SPLIT-FACE CMU = 7,091 SF (48.9%) SMOOTH-FACE CMU = 439 SF (3.0%) BORAL STONE = 3,624 SF (25.0%) TOTAL ELEVATION AREA = 16,086 SF WINDOWS AND DOORS AREA = 1,588 SF NET ELEVATION AREA = 14,498 SF SECONDARY MATERIALS: FIBER CEMENT BOARD = 1,122 SF (7.8%) EIFS = 292 SF (2.0%) TRENWYTH MONUMENTAL BLOCK “GRAY” MONUMENTAL INTEGRAL COLOR SPLIT FACE CMU “MOCHA” BY OLDCASTLE TRENWYTH MONUMENTAL BLOCK “GRAY” 40’-0” 26 ’ - 8 ” 16 ’ - 1 0 ” 37 ’ - 2 ” 18 ’ - 0 ” 17 ’ - 4 ” 40 ’ - 0 ” 14 ’ - 0 ” 26 ’ - 0 ” 12 ’ - 8 ” 23 ’ - 4 ” 18 ’ - 0 ” 2’ - 2 1 / 2 ” 28’-0”54’-0”34’-0”25’-0” 13’-4”76’-8”72’-0”34’-0”28’-0” 19’-0” 12’-0”117’-0”24’-0” 8’-0”9’-4”13’-4”42’-0”6’-0”10’-0”10’-0”12’-0”12’-0”17’-0”17’-4” 6’-0”6’-0”6’-0”17’-4”10’-0”10’-0”10’-0”10’-0”9’-8”17’-4” 2’-8” 2’-8” 2’-8” 584’-0” 3’-0”5’-0”2’-8”4’-0”4’-0”4’-0”2’-8” 1’ - 4 ” ( T Y P . ) 16 ” ( T Y P . ) 2’ - 0 ” ( T Y P . ) 1’ - 8 ” ( T Y P . ) 2’-8”2’-8”5’-4”3’-0” SIGN SIGN SIGN SIGN SIGN SIGN (BROWN) (BROWN) (BROWN) (BROWN)(BROWN)(BROWN) (BROWN) (BROWN) (BROWN) (BROWN)(BROWN)(BROWN) (BROWN) (BROWN) (BROWN) (BROWN) (GRAY) (GRAY) (GRAY) (GRAY) (GRAY) (GRAY)(BROWN) (BROWN) (BROWN) (BROWN) (WHITE) (BLACK)(BROWN) 23 ’ 4 ” Staff Approved March 7, 2016 1 of 5Prosper, TX #6300February 26, 2016 DESIGN REPRESENTATION ONLY – NOT FOR CONSTRUCTION The building images shown are a representation of the current design intent only. The building images may not reflect variations in color, tone, hue, tint, shading, ambient light intensity, materials, texture, contrast, font style, construction variations required by building codes or inspectors, materials or final design detailing. Façade Plan (North Elevation) FRONT ELEVATION (NORTH) SMOOTH FACE CMU BANDING SW 6385 “DOVER WHITE” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CAPPUCCINO CREAM” BORAL STONE “CARAMEL” BORAL STONE “CARAMEL” BORAL STONE “CARAMEL” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” SPLIT FACE CMU PAINT SW 7522 “MEADOWLARK” ORNAMENTAL METAL FENCING BORAL STONE “CARAMEL” H.M. DOOR SW #7522 "MEADOWLARK" EIFS CORNICE PAINT SW #6112 "BISCUIT" EIFS CORNICE PAINT SW #6112 "BISCUIT" SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” SPLIT FACE CMU SW 6085 “SIMPLIFY BEIGE” METAL AWNING SW 7669 “SUMMIT GRAY”METAL AWNING SW 7669 “SUMMIT GRAY” OPEN TRELLIS SW 7669 “SUMMIT GRAY” OPEN TRELLIS SW 7669 “SUMMIT GRAY” T.O.M. 26’-8" T.O.M. 27-4" T.O.P. 31’-4" T.O.P. 34’-0"T.O.P. 31’-4" T.O.P. 31’-4"T.O.P. 29’-4”T.O.M. 27’-4"T.O.M. 26’-8"T.O.M. 25’-4" FIBER CEMENT BOARD “WOODGRAIN” FIBER CEMENT BOARD “WOODGRAIN”FIBER CEMENT BOARD “WOODGRAIN” FAÇADE PLAN CHECKLIST • This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection Division.• All mechanical equipment shall be screened from public view in accordance with the Comprehensive 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 Inspection Department.• Windows shall have a maximum exterior visible reflectivity of ten (10) percent. PRIMARY MATERIALS: MONUMENTAL OVERSIZED MASONRY UNITS = 1,930 SF (13.3%) SPLIT-FACE CMU = 7,091 SF (48.9%) SMOOTH-FACE CMU = 439 SF (3.0%) BORAL STONE = 3,624 SF (25.0%) TOTAL ELEVATION AREA = 16,086 SF WINDOWS AND DOORS AREA = 1,588 SF NET ELEVATION AREA = 14,498 SF SECONDARY MATERIALS: FIBER CEMENT BOARD = 1,122 SF (7.8%) EIFS = 292 SF (2.0%) TRENWYTH MONUMENTAL BLOCK “GRAY” MONUMENTAL INTEGRAL COLOR SPLIT FACE CMU “MOCHA” BY OLDCASTLE TRENWYTH MONUMENTAL BLOCK “GRAY” 40’-0” 26 ’ - 8 ” 16 ’ - 1 0 ” 37 ’ - 2 ” 18 ’ - 0 ” 17 ’ - 4 ” 40 ’ - 0 ” 14 ’ - 0 ” 26 ’ - 0 ” 12 ’ - 8 ” 23 ’ - 4 ” 18 ’ - 0 ” 2’ - 2 1 / 2 ” 28’-0”54’-0”34’-0”25’-0” 13’-4”76’-8”72’-0”34’-0”28’-0” 19’-0” 12’-0”117’-0”24’-0” 8’-0”9’-4”13’-4”42’-0”6’-0”10’-0”10’-0”12’-0”12’-0”17’-0”17’-4” 6’-0”6’-0”6’-0”17’-4”10’-0”10’-0”10’-0”10’-0”9’-8”17’-4” 2’-8” 2’-8” 2’-8” 584’-0” 3’-0”5’-0”2’-8”4’-0”4’-0”4’-0”2’-8” 1’ - 4 ” ( T Y P . ) 16 ” ( T Y P . ) 2’ - 0 ” ( T Y P . ) 1’ - 8 ” ( T Y P . ) 2’-8”2’-8”5’-4”3’-0” SIGN SIGN SIGN SIGN SIGN SIGN (BROWN) (BROWN) (BROWN) (BROWN)(BROWN)(BROWN) (BROWN) (BROWN) (BROWN) (BROWN)(BROWN)(BROWN) (BROWN) (BROWN) (BROWN) (BROWN) (GRAY) (GRAY) (GRAY) (GRAY) (GRAY) (GRAY)(BROWN) (BROWN) (BROWN) (BROWN) (WHITE) (BLACK)(BROWN) 23 ’ 4 ” Staff Approved March 7, 2016 BUILDING 20 - ANCHOR TENANT Deviation from code: Requested 9’-0” Letters for Anchor Tenants EXHIBIT D-31 SIGN: 9’-0” HEIGHT 9’ - 0 ” KEYPLAN Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 43THE GATES OF PROSPER / Sign Standards Prosper, Texas 43EXAMPLE OF SINGLE USER ON OUT PARCEL LOT CONCEPT FRONT ELEVATION CONCEPT SIDE ELEVATION CONCEPT SIDE ELEVATION CONCEPT REAR ELEVATION Per code, no deviations. Building elevations are for reference only. Pad site signage will be required to meet current town sign ordinance. EXHIBIT D-32 KEYPLAN Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 44THE GATES OF PROSPER / Sign Standards Prosper, Texas 44 EXHIBIT D-33 S. Maeser S. Maeser Randy Cearlock 23-39707-10 23-39707-10R2 January 4, 2017 1211 S. PRESTON RD. PROSPER, TX 75078 1 SCALE : 3/32” = 1'-0" FRONT ELEVATION-WEST ASIGN TYPE 98.7 SQ.FT. TOTAL 29'-9" 2'-8" “TEXAS” 6'-0" LOGO Area 1: 35” x 357”=86.7 Area 2: 29” x 60”=12.0 SCALE : 3/8” = 1'-0" ASIGN TYPE TEXAS ROADHOUSE CHANNEL LETTERSET LAYOUT. SIGN TYPE A Deviation from code: Request 6’ Logo for Texas Roadhouse EXHIBIT D-25 Sign Description: Channel letters made with Plex Faces, Aluminum sides, backing and Low Voltage LED Illumination. Texas Roadhouse Depicted elevations are conceptual in nature and subject to Town Council approval Item 7 THE GATES OF PROSPER / Sign Standards Prosper, Texas 45THE GATES OF PROSPER / Sign Standards Prosper, Texas 45 Designer: PM GATES OF PROSPER PROSPER, TX X TH 1/29/18 JLS GM Client: Address: Location: Sales: Date: This is an original drawing created by Walton. It is submitted for your personal use, however, it shall at all times remain the property of Walton. It may be used in connection with the project being planned for you by Walton, but not otherwise. You are not authorized to show these drawings to anyone outside your organization, nor is it to be reproduced, used, copied or exhibited in any fashion. Sales:Date: P.M.:Date: Design: Date: Client: Date: Approvals:Revision: Signs will be manufactured with 120 Volts A/C. All Primary electrical service to the sign,and final connection thereof, is the responsibility of the buyer. All work is to be done in accordance with the purchase agreement attached hereto. In case of variance between the specifications of the purchase agreement and this drawing, the drawing shall prevail. This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign.CIDXXXXXXR0 / 1/30/18 Page - 1 NON-CORROSIVEFASTENERS AS REQUIREDBY LOCAL CODE 1" COUPLER FLEXIBLE CONDUIT AS REQUIRED BY LOCALCODE POWER SUPPLY 1/2" x 1" CHASE NIPPLE HOUSING FORPOWER SUPPLY PRIMARY ELECT.BY OTHERS .060 ALUM. RETURNS 6" SPACERS 3/8" CLEAR POLYCARBONATE BACK w/DIFFUSER FILM 1/4" WEEP HOLES 16 GA CABLE RGB LED’s SPLICE CONNECTOR WALL 4” .125” ALUM. FACE LISTED SECTION DETAIL - HALO-LIT CHANNEL LETTER N.T.S. ELEVATION SCALE: 3/16” = 1’ 2'-6"36’-8 1/4” SIDE VIEW SCALE: 3/4” = 1’ 4” 6” EXTERIOR HALO-LIT CHANNEL LETTERS WITH FINISHED BACKS SCALE: AS NOTED QUANTITY (1) INTERNALLY ILLUMINATED WITH RGB LED’s FACES : 1/8” BRUSHED ALUM. FACES RETURNS: .060” X 4” DEEP BRUSHED ALUM. BACKS : 3/16” CLEAR LEXAN SPACERS : 1” X 4” DEEP ILLUMINATION RGB COLOR CHANGING LED ATTACHMENT : SIGN TO MOUNT TO BLACK CERAMIC TILE WALL CL CL 0’-6” 1” 1” DIA. X 6” SPACER 1” DIA. X 6” ELECTRICAL LEAD FRONT VIEW SCALE: 3/16” = 1’ 2’ - 6 ” 40’-3 3/4” EXHIBIT D-34 FOUNTAIN SIGNAGE GOP Fountain Letters KEYPLAN Locations 2’ - 2 ” (2) * Applicant is requesting for approval of fountain signage to be installed that is not covered in the currently adopted Sign Ordinace. Item 7 CASE #: MD18-0002 EXHIBIT E - Sign Schedule / Development Standards The following will define deviations from the Town of Prosper, (Regulations of Signs; Ordinance Number 10-010; Updated June 26, 2012). 1.Unified Development Monument Signs has increased in specific lots and the variations can be found on Exhibit C - Sign Coordination Plan. A total of two (2) additional Unified Development Monument Signs were added. a.Block B, Lot 3 - Variation of permitted Unified Development Monument Sign placement in accordance to Ordinance 10-010 Section 1.09 (G) (5a) Sign G (Type A: Unified Development Monument Sign): is less than the required 750 feet from Sign F. Reference Exhibit C. Actual distance: 534.1’ b.Block A, Lot 4 - Variation of permitted Unified Development Monument Sign placement in accordance to Ordinance 10-010 Section 1.09 (G) (5a) Sign P (Type A: Unified Development Monument Sign): is less than the required 750 feet from Sign L. Reference Exhibit C. Actual distance: 661.9’ 3.Sign Criteria Deviations a.Sign heights shall be allowed from 5’-0” to 9’-0” for “Anchor Tenants”. Reference Exhibit C: 1001, 1061, and 1121 S. Preston. b. Side and Rear Elevation signs shall be max 36” in height with the exception of 500 and 700 Richland. c. Painted Signs are not permitted on any façade. d. The color of the sign face and the color of the letters shall be submitted by the Tenant for the Landlord’s approval. e. Digital fuel prices shall be allowed on Signs ‘L’ and ‘Q’ for 510 Richland. f. Wall signage shall we allowed as follow: Address Maximum Height Maximum Length 700 Richland 30’-1” 66’-10” 700 Richland 15’-0 ¼” 28’-3 ¼” 1211 S. Preston 6’-0” 29’-9” 1071 S. Preston 7’-7 ¼” 44’-3 ½” 1041 S. Preston 11’-1” 32’-5” 1051 S. Preston 12’-0” 42’-0” 1121 S. Preston 9’-0” (as noted in (a) above) 36’-11” Item 7 CASE #: MD18-0002 3.Additional Sign Types a.“Building Address Signage” is not defined in the Sign Ordinance Number 10-010 1.“Building Address Signage” means address signage for tenants. This signage will be installed by Landlord. b.“Rear Entry Signs” are not defined in the Sign Ordinance Number 10-010. 1.“Rear Entry Signs” shall mean four (4) inch high vinyl die-cut letters for tenant’s name and two (2) inch high vinyl die-cut letters for suite number below tenant’s name, centered on the service door at five (5) feet above finish floor. The typeface for each letter must be Arial Bold and the color for each letter must match Sherwin Williams - SW7675 Sealskin. Tenant shall be responsible for the cost and installation of rear entry signage. See Exhibit D-7 “Typical Rear Door Tenant Sign” for a diagram. c.Fountain signage shall be allowed at the NE and SE corners of Richland and Preston, not to exceed 5’-0” in height and 51’-8” in length. Item 7 Page 1 of 3 f f To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Discussion on rezoning Planned Development-25 (PD-25) and Planned Development-39 (PD-39) in accordance with property ownership. (Z18-0001) Description of the Agenda Item: Planned Development-25 (PD-25) and Planned Development-39 (PD-39) collectively comprise approximately 1,500 acres, commonly referred to as Brookhollow. PD-25 consists of approximately 1,218 acres that was originally zoned in 2006. In 2008, an additional 286 acres was acquired and zoned PD-39 with the intention of being added to PD-25. Since 2006, there have been various ownership changes which do not directly correspond to the zoning district boundaries. Consequently, due to the varying ownership, as well as the magnitude of the zoning, development under the current zoning has proven challenging. The proposed rezoning being requested is intended to be administrative in nature only, with the goal of breaking the two (2) existing PDs into new PDs corresponding with the current ownership, while accurately allocating the existing entitlements (i.e. number and size of residential lots) in a manner that replicates the entitlements, as they currently exist. The proposed amendments are not intended to alter the existing development standards. Dividing the existing zoning into individual PDs that correspond to current ownership will more easily allow an individual property owner to develop and/or rezone their property without involving other property owners. A summary of the existing PDs, acreages, and lot allocations is provided below: Existing Acres SF Lots TH Lots MF Units Total PD-25 1,218 2,964 550 300 3,814 PD-39 286 681 0 0 681 Total 1,504 3,645 550 300 4,495 A summary of the tracts which comprise PD-25 and PD-39, acreage, and the proposed lot allocations is provided below for comparison purpose: Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 3 Owner Acres SF Lots TH Lots MF Units Total 55 Prosper (Prosper North) 669 1,811 300 0 2,111 310 & 104 Prosper (Prosper Centre) 391 992 250 300 1,542 Prosper 119 & 236 (Lakewood) 237 645 0 0 645 Prosper Crossing (PD-38) 84 0 0 0 0 Harlan Properties 45 130 0 0 130 Rogers Middle School (PD-82) 36 0 0 0 0 Grace Academy 23 67 0 0 67 Town of Prosper ground storage tanks 8 0 0 0 0 Prosper Plaza (PD-76) 7 0 0 0 0 Total 1,500 3,645 550 300 4,495 While staff has received applications from representatives of Prosper Centre, Prosper North, Lakewood, and Grace Academy, the Harlan Properties tract rezoning will be initiated by the Town. The attached rezoning exhibit, provided by the applicants, depicts the proposed tracts/PDs, distinguished by property owner, as well as indicates the entitled lots by size. The development standards for PD-25 and PD-39, which generally conform to one another, will be replicated as they currently exist to into each of the new PDs. The section of PD-25 and PD- 39 which differs is related to the wording of the Open Space/Park Dedication Requirements. While PD-25 refers to an Open Space Requirement, PD-39 refers to a Park Dedication. In order to clarify the provisions, staff and applicant agree that the new PDs should include a provision for Park Dedication Requirements. Such provisions would require 5% park dedication in conjunction with future development, which would be dedicated to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board and Town Council. This requirement could also be fulfilled through the payment of park dedication fees in accordance with the Subdivision Ordinance. Attached Documents: 1. Rezoning Exhibit Planning & Zoning Commission Recommendation: Town staff is tentatively scheduling this item for discussion at the regular meeting scheduled for April 17, 2018. Recommended Rezoning of PD-25 and PD-39: Town staff is requesting the Town Council’s input on the proposed rezoning. Item 8 I t e m 8 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-55-B to SPI Asphalt, LLC, related to construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On February 15, 2018, at 2:00 PM, eleven (11) bids were opened for the Prosper Trail Reconstruction (Coit Road – Custer Road) project. The verified bid totals from the bidders ranged between $1,038,819.96 and $1,322,240.00, with SPI Asphalt, LLC, being the lowest qualified bidder. SPI Asphalt, LLC, has successfully completed two paving projects in Prosper. The scope of this contract includes removing and replacing the existing five (5) inches of asphalt paving, installing six (6) inches of cement treated sub-base, five (5) inches of asphalt and thermoplastic pavement markings. The contractor will replace twenty-five (25) feet of pavement on approximately 11,600 linear feet of Prosper Trail from Coit Road to Custer Road. The Engineer’s Estimate is $1,368,894.00, which is $330,074.04 above low bidder. During construction, Prosper Trail traffic will be reduced to one lane and traffic will flow one-way, eastbound only. Staff will coordinate with Prosper Independent School District (PISD), the Post Office, and public safety personnel to provide updates of the construction activity. The contract specifies 60 calendar days, with an additional substantial completion time of 30 calendar days. Work will begin once the school year is complete. Budget Impact: $1,378,818 was approved in the FY 2017-2018 Budget for the cost of this project. The proposed construction cost of $1,038,819.96 is in account 100-5480-50-01. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Prosper is a place where everyone matters. PUBLIC WORKS Item 9 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. 2018-55-B to SPI Asphalt, LLC, related to construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2018-55-B to SPI Asphalt, LLC, related to construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project; and authorize the Town Manager to execute a construction agreement for same. Item 9 E Prosper Trail - Coit to Custer Road Construction - Prosper Trail - Coit to Custer Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity polylineLayer Override 1 World Imagery Citations April 2, 2018 0 0.4 0.80.2 mi 0 0.65 1.30.325 km 1:16,359 Item 9 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2018-55-B PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD Bid Opening: 02/15/2018 at 2:00 PM Grand Total SPI Asphalt, LLC $ 1,038,819.96 Jagoe-Public Company $ 1,107,907.00 Anderson Asphalt & Concrete Paving, LLC $ 1,111,111.00 The Lane Construction Corp. $ 1,115,772.00 Oldcastle Material Texas, Inc., dba TexasBit $ 1,167,290.75 Reynolds Asphalt & Construction Co. $ 1,196,968.00 Peachtree Construction, LTD. $ 1,220,937.00 Pavecon Public Works, L.P. $ 1,231,972.80 Quality Excavation, Ltd. $ 1,234,948.00 Grod Construction, LLC $ 1,276,165.00 FNH Construction, LLC $ 1,322,240.00 Certified By: January M. Cook, CPPO, CPPB Date: 02/15/2018 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 9 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-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 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 1 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1  LEGAL NOTICE .............................................................................................................. 2  INSTRUCTIONS TO BIDDERS ...................................................................................... 3  BID PROPOSAL FORM .................................................................................................. 4  BID BOND ..................................................................................................................... 10   OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 12  CONSTRUCTION AGREEMENT .................................................................................. 13  PERFORMANCE BOND ............................................................................................... 26  PAYMENT BOND.......................................................................................................... 29  MAINTENANCE BOND ................................................................................................. 32  GENERAL CONDITIONS .............................................................................................. 35 SPECIFICATIONS AND STANDARDS………………………….......................................52 TECHINICAL SPECIFICATIONS………………………………………………………….....53 Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 2 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD. Bids will be accepted until 2:00 P.M. on Thursday, February 15, 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, and performing all work necessary for the construction 30,900 square yards of 5” asphalt pavement, demolition of 30,900 square yards of 5” asphalt paving, installation of 6” concrete stabilized subgrade, installation of 44,000 linear feet of thermoplastic pavement markings and traffic control associated with the PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD Bid 2018-55-B. 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 Public Works, 601 W Fifth Street, Prosper, TX 75078, (972) 347-9969 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. Thursday, February 8, 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 3 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, February 15, 2018. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 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. 2018-55-B, PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD. 3. 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. 4. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Public Works 601 W 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/. 5. 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. Thursday, February 8, 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. 6. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 7. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 10 BID BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________________, 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 referred to as “Owner,” in the penal sum of $__________________as the proper measure of liquidated damages arising out of or connected with the submission of a Bid Proposal for the construction of a public work project, 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 condition of the above obligation is such that whereas the Principal has submitted to Owner a certain Bid Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the construction of: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD NOW, THEREFORE, if the Principal’s Proposal shall be rejected or, in the alternative, if the Principal’s Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of the Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish performance, payment and maintenance bonds required by the Contract Documents for the Project and provide proof of all required insurance coverages for the Project and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in force and affect; it being expressly understood and agreed that the liability of the Surety for any breech of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any such extension. 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. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 11 IN WITNESS WHEREOF, this instrument is executed in ______ copies, each one of which shall be deemed an original, this, the ________ day of ________________, 2018. 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 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: If Resident Agent is not a corporation, give a person’s name. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 12 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 13 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 SPI Asphalt, LLC, 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: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 14 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 One Million Thirty-Eight Thousand Eight Hundred Nineteen Dollars and Ninety-Six cents ($1,038,819.96). 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 60 calendar days after the date of the Notice to Proceed for the base bid. Work will start on May 28, 2018. 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 15 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 16 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. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 17 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 18 "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the 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; Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 19 (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 20 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 21 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 22 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 23 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 24 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 25 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. SPI ASPHALT, LLC TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 8565 Thompson Rd. Justin, Texas 76247 Phone: (940) 393-3829 Fax: Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 346 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 26 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 27 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 28 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 29 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 __________ day of _________________, A.D. 20___, a copy of which is attached h ereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 30 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 31 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 32 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 _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 33 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 34 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 35 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 36 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 37 (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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 38 (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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 39 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 40 (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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 41 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 42 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 43 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 44 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 45 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 46 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 discr epancy 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 47 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 48 (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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 49 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 50 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 ca se 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 51 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 52 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION 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 P.E, Town of Prosper, Texas, or his designee. Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD 2018-55-B PAGE 53 TECHNICAL SPECIFICATIONS BID NO. 2018-55-B PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD Technical Specifications: Section 1. Location Maps Section 2. Typical Sections Section 3. SW3P – Storm Water Section 4. Special Instructions Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-B LOCATION MAP A Item 9 I t e m 9 Item 9 Item 9 Item 9 Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-B TYPICAL SECTIONS B Item 9 Item 9 Item 9 Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-B SECTION SW3P C STORM WATER POLLUTION PREVENTION PLAN Item 9 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 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-B SPECIAL INSTRUCTIONS D Item 9 PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD BID NO. 2018-55-B SPECIAL INSTRUCTIONS 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the construction of 5” asphalt paving. Re-grade ditches after completion of work. Roadways will remain open to one way traffic eastbound during construction. ANTICPATED PROCEEDURE A.Grind, 5” of existing road base in two phases and remove as necessary. Limits will be marked in the field by the Town on Prosper. B.Install cement at 50 #/sy and compact 6” of existing road base in two phases. C.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. D.Install 2” Type D asphalt and 3” Type B asphalt in two layers as shown on drawings. E.Pull shoulders with top soil (no rocks). F.Prior to the start of construction the Contactor shall submit a traffic control plan for approval by the Town. G.All Asphalt work shall conform to TxDOT Standards. H.Cores to be at 300 lf, right center and left configuration. I.Prosper Trail road construction shall not start sooner than June 8, 2014. J.Quantities are for bidding only, in place quantities will be paid. K.Standards can be found 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 to discuss process and what to expect. 1.04 ACCESS TO THE PROJECT Item 9 The contractor will be expected to help the residents with trash pick up. When access is not availably the contractor will notify the residents prior to restricting access. Access will be maintained to all areas. During in raining weather the contractor shall provide manpower, materials, and equipment to maintain driveways and intersections. END OF SECTION Item 9 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-60-B to Reytech Services, LLC., related to construction services for the Prosper Road Improvement project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On March 29, 2018, at 2:00 PM, eight (8) bids were opened for the Prosper Road Improvement project. The verified bid totals from the bidders ranged between $723,796.61 and $1,465,473.00, with Reytech Services, LLC., being the lowest qualified bidder. Reytech Services, LLC., has successfully completed paving projects in Prosper. The scope of this contract includes removing the existing asphalt paving, installing six (6) inches of cement treated sub-base, six (6) inches of reinforced concrete paving and supplementary repair work on selected driveways and drainage culverts. The contractor will install twenty-one (21) feet of concrete pavement on Eighth Street (Church – PISD Admin) and Fifth Street (Coleman – Church) with twenty (20) feet of pavement on Field Street (First – Broadway) and Third Street (Main – Coleman). The project also includes the installation of a wastewater mainline on Eighth Street from Church Street to Prosper Independent School District (PISD). The existing budget did not include the construction of a new wastewater mainline on Eighth Street but due to cost savings, is proposed to be included in the project. The depth of the new wastewater mainline will be lower than the elevation of the existing wastewater main and adjoining properties, which will alleviate a previously encountered issue with wastewater backing up into the properties. The Engineers Estimate is $1,204,905.00, which is $481,108.39 above low bidder. During construction, traffic will flow one-way: Eighth Street and Fifth Street traffic will flow eastbound, Field Street traffic will flow southbound and Third Street will flow westbound. The restricted, one-way circulation pattern will allow the contractor to work on one-half of the road at a time. Staff will coordinate closely with residents, Prosper Independent School District (PISD), Post Office and public safety personnel to provide updates of the construction activity. The contract specifies 210 calendar days, with an additional substantial completion time of 30 calendar days. Work is anticipated to begin in May 2018. Prosper is a place where everyone matters. PUBLIC WORKS Item 10 Budget Impact: The cost of the project is $723,796.61. $1,135,000 was approved in the FY 2017-2018 Budget for the cost of this project from the following accounts: • $260,000: Eighth Street (Church – PISD Admin) account number 750-6610-10-00-1701-ST; • $375,000: Fifth Street (Coleman – Church) account number 750-6610-10-00-1803-ST, • $250,000: Field Street (First – Broadway), account number 750-6610-10-00-1702-ST; and • $250,000: Third Street (Main – Coleman), account number 750-6610-10-00-1804-ST. 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. 2018-60-B to Reytech Services, LLC., related to construction services for the Prosper Road Improvement project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2018-60-B to Reytech Services, LLC., related to construction services for the Prosper Road Improvement project; and authorize the Town Manager to execute a construction agreement for same. Item 10 Field StreetThird Street Fifth Street Eighth Street Road Construction - Eighth Street, Fifth Street, Third Street and Field Street Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity polylineLayer Override 1 World Imagery Citations April 2, 2018 0 0.15 0.30.075 mi 0 0.25 0.50.125 km 1:6,372 Item 10 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS 2018 EIGHTH, FIFTH, THIRD, AND FIELD STREETS BID OPENING: 3/29/2018 at 2:00 PM Grand Total Reytech Services, LLC $ 723,796.61 SPI Asphalt, LLC $ 866,840.67 Quality Excavation LTD $ 921,547.00 GRod Construction, LLC $ 1,074,516.50 Tiseo Paving Company $ 1,128,113.00 McMahon Contracting, LP $ 1,158,564.64 Joe Funk Construction, Inc. $ 1,285,658.40 FNH Construction, LLC $ 1,465,473.00 Certified By: January M. Cook, CPPO, CPPB Date: 3/29/2018 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 10 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS BID NO. 2018-60-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 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Item 10 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1 LEGAL NOTICE .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BID PROPOSAL FORM .................................................................................................. 4 BID BOND ..................................................................................................................... 12 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 14 CONSTRUCTION AGREEMENT .................................................................................. 15 PERFORMANCE BOND ............................................................................................... 28 PAYMENT BOND.......................................................................................................... 31 MAINTENANCE BOND ................................................................................................. 34 GENERAL CONDITIONS .............................................................................................. 37 SPECIAL CONDITIONS ................................................................................................ 54 TECHNICAL SPECIFICATIONS ................................................................................... 55 Item 10 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-60-B, Prosper Road Improvement Projects Eighth, Fifth, Third, and Field Streets. Bids will be accepted until 2:00 P.M. on 29, March, 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, and performing all work necessary for the construction of 7,240 square yards of 25 foot, 21 foot, and 20 foot reinforced concrete roads, installation of storm sewers and headwalls, installation of 8” wastewater line and accessories, 174 feet of wastewater line by bore, 7,900 square yards of cement stabilization and associated bulk cement. 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, 972-347-9969, without charge. These documents may be acquired from that office for the non-refundable purchase price of $50.00 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, March 23, 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 10 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, March 29, 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. 2018-60-B, Prosper Road Improvement Projects Eighth, Fifth, Third, and Field Streets. 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 Phone972-347-9969 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, March 23, 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. Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 15 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 Reytech Services, LLC, a Texas corporation (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 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. 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 Seven Hundred Twenty-Three Thousand, Seven Hundred Ninety-Six Dollars and Sixty-One cents ($723,796.61). 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 210 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 17 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 18 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. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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. Item 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 19 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Item 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 20 "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the 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; Item 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 21 (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Item 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 22 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 23 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 24 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 25 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 26 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 10 BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS PAGE 27 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. REYTECH SERVICES, LLC TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: P.O. Box 540252 Grand Prairie, Texas 75054 Phone: (817) 343-4792 Fax: (888) 533-5002 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 10 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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 Item 10 reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 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 10 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 10 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 __________ 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: BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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 10 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 10 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 10 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 _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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 Item 10 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. 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 10 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 10 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 10 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 10 (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 10 (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 10 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 10 (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 10 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 10 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 10 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 10 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 W ork, shall be placed so as not to endanger the W ork or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific Item 10 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 10 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 10 The OW NER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. Item 10 (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 10 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 10 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 10 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 10 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 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, P.E., or his designee. Item 10 TECHNICAL SPECIFICATIONS BID NO. 2018-60-B PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD, AND FIELD STREETS 1 Typical Sections and Details 2 Eighth Street 3 Fifth Street 4 Third Street 5 Field Street 6 SWPP Plan 7 Special Instructions Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B TYPICAL SECTIONS AND DETAILS 1 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B EIGHTH STREET TYPICAL SECTIONS AND DETAILS 2 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B FIFTH STREET TYPICAL SECTIONS AND DETAILS 3 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B THIRD STREET TYPICAL SECTIONS AND DETAILS 4 Item 10 Item 10 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B FIELD STREET TYPICAL SECTIONS AND DETAILS 5 Item 10 Item 10 Item 10 Item 10 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B SW3P 6 Item 10 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 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B SPECIAL INSTRUCTIONS 7 Item 10 PROSPER ROAD IMPROVEMENT PROJECTS EIGHTH, FIFTH, THIRD AND FIELD STREETS BID NO. 2018-60-B SPECIAL INSTRUCTIONS 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the reconstruction of 6” reinforced concrete paving. Roadways will remain open to one way traffic during construction. ANTICPATED PROCEEDURE A. Prior to the start of construction the Contactor shall submit a traffic control plan for approval by the Town. Eight Street will be eastbound, Fifth Street will be eastbound Third Street will be westbound and field Street will be northbound only. B. The contractor can work on more than one street at a time. C. Remove existing pavement in two phases and maintain traffic per approved Traffic Control Plan. D. Grade and compact and install sub grade treatment roadway to near preexisting profile and configuration less thickness of pavement. Paving may require additional excavation or fill for proper transition to existing driveways and street connections. Street excavation is lump sum. E. Cement slurry will be required. F. Driveway pavement will be determined by inspector. For estimating use schedule provided. G. Pull shoulders with top soil (no rocks or asphalt). H. All concrete work shall conform to TxDOT Standards, Town of Prosper or as shown in details. I. Cores to be at 300 lf, right center and left configuration. J. Contractor will arrange access with residents and provide access to residents at all times. Item 10 K. Final erosion control will include three feet of sod longitudinally with the roadway. Where the wastewater line installation is five feet of sod will be paid for. Sod to match existing property. Any sod required above plan quantity will be placed at the contractor’s expense. L. Contractor will repair all irrigation as subsidiary to Item I 6” Reinforced Concrete Pavement. M. Quantities are for bidding only, in place quantities will be paid. N. The Town has provided a schedule for driveway culverts, all culverts will receive headwalls as marked on drawings. O. Minor ditch work will be required for proper drainage and will be subsidiary to drainage items. P. During construction it will be the contractor’s responsibility to move trash and recycle bins for pick up each week for residents that are unable. Q. Town will supply temporary mail boxes to be moved by the contractor. R. Ties to existing streets by hot mix asphalt shall be subsidiary to Item for Type B Asphalt which includes tack. S. Reinforced street transition required at intersections. T. If not called out in the plans any and all additional fittings shall be subsidiary to Item wastewater Line. U. Manhole risers may be used to match final grade. Manhole grades are provided for bidding but final grades will be determined by street grades. V. Wastewater service line bid item shall include capping existing connection and connecting to new line. W. W ork will be done within TxDOT Right-of-Way and the Town will provide the permit. X. Third Street will be completed in four different phases to provide for street parking. High early concrete shall be used to reduce construction time on this street. Y. Headwall removal will be subsidiary to headwalls. Z. Item 10 Special Concrete in Third Street bid will be paid for as lump sum and is marked on the plan. All work associated with construction will be Item 10 subsidiary to Item 10. All areas disturbed will be brought back to existing conditions. 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. As the project progresses expect to add or move traffic control devices as required by the inspector. 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 to discuss process and what to expect. 1.04 ACCESS TO THE PROJECT The contractor will be expected to help the residents with trash pick up. When access is not availably the contractor will notify the residents prior to restricting access. Access will be maintained to all areas. During in raining weather the contractor shall provide manpower, materials, and equipment to maintain driveways and intersections. END OF SECTION Item 10 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 10, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-48-B, to Grahamson Inc., related to construction services for Frontier Park Soccer Field Improvements project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On January 25, 2018, at 3:30 PM, seven bids were opened for the Town of Prosper Bid No. 2018- 48-B Frontier Park Soccer Fields Improvements project. The verified bid totals from the bidders ranged between $62,890.00 and $127,910.00 with Grahamson Inc., being the low bidder. This projects will resolve a field drainage issue that exists in the section of Frontier Park just south and east of the eastern most concession stand. This area of the complex does not have good drainage, which has affected how long the area is closed after a rain as well as the quality of turf during times of constant moisture due to rain. The contractor will repair approximately two acres of area. They will strip the existing sod, grade it to provide positive drainage, install new irrigation, and re-sod this area. Once completed, staff will provide maintenance and care needed to minimize disruption to the use of the area in the fall. The contractor specifies they will be complete in 15 working days. Budget Impact: $70,000 was approved in the FY 2017-2018 Budget for the cost of this project. The proposed construction cost of $62,890 is in account 100-5320-60-02. 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 3. Construction Agreement PARKS & RECREATION Prosper is a place where everyone matters. Item 11 Town Staff Recommendation: Town staff recommends that Town Council award Bid No. 2018-48-B to Grahamson Inc. related to construction services for the Frontier Park Soccer Field Improvements project; and authorize the Town Manager to execute a construction agreement for the same. Proposed Motion: I move to award Bid No. 2018-48-B to Grahamson Inc. related to construction services for the Frontier Park Soccer Field Improvements project; and authorize the Town Manager to execute a construction agreement for the same. Item 11 Item 11 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS Bid Opening: 01/25/2018 at 3:30 PM Grand Total Grahamson, Inc. $ 62,890.00 SRH Landscapes LLC $ 67,527.00 RLM Earthco $ 77,758.91 Denco Construction Specialists $ 107,700.30 Valle Verde Systems $ 125,175.00 North Rock Construction, LLC $ 127,487.00 Dyna-Mist Construction Co. $ 127,910.00 Certified By: January M. Cook, CPPO, CPPB Date: 01/25/2018 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 11 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2018-48-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 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Item 11 TABLE OF CONTENTS LEGAL NOTICE .............................................................................................................. 1  INSTRUCTIONS TO BIDDERS ...................................................................................... 2  BID PROPOSAL FORM .................................................................................................. 3  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  SPECIFICATIONS ........................................................................................................ 50  EXHIBIT A LOCATION MAP ......................................................................................... 51  Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 1 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS. Bids will be accepted until 3:30 P.M. on Thursday, January_25, 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, and performing all work necessary for the construction of drainage and safety improvements to the soccer fields located at Frontier Park, 1551 Frontier Parkway, Prosper, Texas 75078. The improvements include, but are not limited to site preparation, supplying and installing irrigation lateral lines 12” to 14” deep, relocating valves to the middle of the complex, and supplying and installing Texas Pure Topdressing and Bermuda 419 sod. 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 Town Hall Annex, 151 S. Main St., Prosper, TX 75078, (972) 569-1018 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, January 19, 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 2 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 3:30 P.M. on Thursday, January 25, 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. 2018-48-B, FRONTIER PARK SOCCER FIELD IMPROVEMENTS. 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 Town Hall Annex 151 S. Main Street Prosper TX. 75078 Phone: 972-569-1018 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, January 19, 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. Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 11 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 Grahamson, Inc., a Texas corporation (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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; 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 13 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 Sixty-Two Thousand Eight Hundred Ninety Dollars and no cents ($ 62,890.00). 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 15 working days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 14 CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB- CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (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.) Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 15 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. 2018-48-B Frontier Park Soccer Field Improvements 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: (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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 16 (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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 17 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 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; Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 18 (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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 19 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; 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 20 Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at ten percent (10%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 21 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. 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 22 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. 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 23 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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 24 GRAHAMSON, INC. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 106 N. Hwy 377 Aubrey, Texas 76227 Phone: (940) 343-1299 Fax: (940) 293-8522 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 _________ 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: BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 26 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 27 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 __________ day of _________________, A.D. 20___, a copy of which is attached h ereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 29 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 30 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 33 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 34 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. 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 35 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. (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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 36 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. (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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 37 (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 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 38 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. (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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 39 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 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 40 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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 41 (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 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 42 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. 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 43 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 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 44 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 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 45 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, unless shown as a lump sum, which then will be compensated based on complete work of the line item. 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 discr epancy 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. 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; Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 46 (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 47 OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with 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. Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 48 In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the ca se 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 Item 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 49 any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other 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 11 BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS PAGE 50 SPECIFICATIONS SP.01 PURPOSE: The purpose of this improvement is to improve drainage and safety of the soccer fields located at Frontier Park, 1551 Frontier Pkwy, Prosper, Texas 75078. The Specifications contained herein set forth conditions or requirements particular to this Contract: BID NO. 2018-48-B FRONTIER PARK SOCCER FIELD IMPROVEMENTS SP.02 SCOPE OF WORK: The CONTRACTOR will complete the following: (a) Mark and locate all valves, head and main lines of the irrigation. (b) Scrape-off all existing sod, and remove from site. (c) Remove all high spots in the field, and re-level the field. (d) Ensure that field has positive flow from east to west. (e) Supply and install irrigation lateral lines 12” to 14” deep, and relocate valves to the middle of the complex. Valves shall be in direct line of the ballfield light poles located down the center of the fields. Must use Hunter I-25 heads/rain nozzles for tie-in to the Town’s current irrigation system. (f) Valve boxes will be level with grass, as well as all heads. (g) Supply and install Texas Pure Topdressing. To order, contact the Environmental Waste Services Customer Service at (972) 769-4150. (h) Supply and install sod, Bermuda 419. (i) Test irrigation to ensure it operates properly. SP.03 PRICING: Lump sum project price shall consist of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the improvements as outlined in the above Scope of Work (SP.02). Item 11 BI D N O . 2 0 1 8 - 4 8 - B F R O N T I E R P A R K S O C C E R F I E L D I M P R O V E M E N T S PA G E 5 1 EX H I B I T A L O C A T I O N M A P Item 11 Purchasing Department Addendum No. 1 Issued January 23, 2018 Bid No: 2018-48-B Bid Title: Frontier Park Soccer Field Improvements Bids Due: 01/25/2018 @ 3:30 p.m. Addendum #1 is issued by the Town of Prosper Purchasing Office. Please see the following for changes/additions/deletions to the specifications: Clarifications 1. Texas Pure Top Dressing: Apply ½” layer of Texas Pure Top Dressing to entire job site (90,000 sq. ft.). 2. Mainline: The existing mainline is 3” and is located down the middle by the light poles. 3. Wire System: The wire system is a conventional system. 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 January 25, 2018 @ 3:30 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 11 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 27, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Service Agreement between the Town of Prosper and Cedarbrook Media Group, LLC, for the Pride in the Sky event held in observation of Independence Day. Description of Agenda Item: The attached Service Agreement memorializes the commitment and relationship between the Town and Cedarbrook Media Group, LLC, for the Pride the in Sky event. This event has been successfully coordinated and hosted by Cedarbrook for the past six years. The agreement is not vastly different than what has been done in the past. However, there are a few areas that, in the past, may have been agreed to in principle, are now part of a formal agreement. Cedarbrook Media will still be required to obtain a special event permit as well as comply with the various Town departments’ requests in order to obtain the special event permit. Listed below is a synopsis of a few key points which have not been included in a formal agreement in the past. They are enumerated as to where they are located in the agreement. 10.Acknowledgement that residents and sponsors may not fully understand the Town’s role as one of the sponsors of Pride in the Sky. Therefore, Cedarbrook must notify all sponsors or volunteers that funds and services received for Pride in the Sky are not being provided to the Town. 11.The agreement clarifies that the Town and Cedarbrook Media are not engaged in a joint venture, and are not partners, agents or representatives of each other and have no legal relationship other than as contracting parties to this agreement. 15.Acknowledgement that the agreement can be renewed each year upon written consent of each party. Each party has the right not to renew the agreement but has an obligation to notify the other as soon as possible in the event that they choose not to participate in the future. 16.The agreement gives the Town first right of refusal to obtain all the rights associated with the branding and use of the name “Pride in the Sky.” Exhibit A – indicates the Town's contribution both in cash and in-kind for the event. PARKS & RECREATION Prosper is a place where everyone matters. Item 12 Page 2 of 2 Budget Impact: $10,000 was approved in the FY 2017-2018 Budget for the cash sponsorship of the fireworks. The proposed cash sponsorship of $10,000 is in account 100-5600-60-03. The Town’s in-kind donation of approximately $26,615 will be absorbed through various Town departments’ budgets. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Service Agreement as to form and legality. Attached Documents: 1. Service Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Service Agreement between Cedarbrook Media Group, LLC, and the Town of Prosper, Texas, related to Pride in the Sky. Proposed Motion: I move to authorize the Town Manager to execute a Service Agreement between Cedarbrook Media Group, LLC, and the Town of Prosper, Texas, related to Pride in the Sky. Item 12 I t e m 1 2 I t e m 1 2 I t e m 1 2 I t e m 1 2 I t e m 1 2 Page 1 of 2 Prosper is a place where everyone matters. 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 – April 10, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. Description of Agenda Item: Garver, LLC, will perform the hydrology and hydraulics study of a tributary of Doe Branch located on the south side of the Public Safety Complex property and future Parks Operations and Public Works Complex property between the BNSF Railroad and Dallas North Tollway. Engineering services to size the culvert at the tributary and Cook Lane are included in the Professional Engineering Services Agreement between Garver, LLC, and the Town for the design of Cook Lane and E-W Collector project that was approved by the Council on December 12, 2017. Garver will combine these models to have one contiguous model between the BNSF Railroad and the Dallas North Tollway. The scope of services includes the following: •Develop discharges for the portion of Doe Branch Tributary to be studied. Flows will be developed using the HEC-HMS software to determine the existing watershed and fully urbanized watershed condition discharges for the 10-, 25-, 100-, and 500-year storms. •Develop a hydraulic model of the existing culverts at the DNT and the portion of the tributary to be analyzed using the HEC-RAS software. A hydraulic model will be developed with both existing and fully urbanized watershed discharges. The models to be created for hydraulic analysis are listed below: o Existing and proposed condition floodplain limits of the tributary. Currently, the tributary is mapped as a Zone A by FEMA. The purpose of this task will be to create a more detailed delineation of the floodplain of the tributary to use for planning purposes by the Town. o Determine the size of a proposed box culvert to convey the flow in the tributary affecting the Town-owner properties east and west of Cook Lane. The purpose of this task will be to remove the floodplain in this vicinity and convey it within a box culvert. o Perform an encroachment analysis on the floodplain to determine approximately how much of the floodplain can be reclaimed. •Prepare a brief drainage memorandum, which will also include the opinion of probable cost for the box culverts. ENGINEERING Item 13 Page 2 of 2 Budget Impact: The cost for the study is $34,900. Funding in the amount of $17,450 will be allocated from account 750-5410-10-00-1713-FC (Public Safety Complex, Phase 1) and the remaining $17,450 from account 750-5410-10-00-1809-FC (Parks Operations and Public Works Complex). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Location Map 2. Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the hydrology and hydraulics study of a tributary of Doe Branch between the BNSF Railroad and Dallas North Tollway. Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 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 – April 10, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the reconstruction of Fishtrap from Gee Road, west to FM 1385. Segment D will include rebuilding and widening of Fishtrap, from Gee Road, west to the Preserve at Doe Creek Subdivision, which will include two bridges over Doe Branch. Due to the widening of the road, and grading that will be involved, additional right-of-way and grading easements will be required. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. Prosper is a place where everyone matters. ENGINEERING Item 14 Page 2 of 2 Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.410 acres of real property, and 0.794 acres of easement situated generally in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, necessary for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project and for other public purposes permitted by law. This item requires a roll call vote. Item 14 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY .410 ACRES OF LAND FOR ROAD RIGHT-OF-WAY AND .794 ACRES OF LAND FOR A SLOPE EASEMENT FOR THE CONSTRUCTION OF THE WEST PROSPER ROADS IMPROVEMENTS, PHASE 2 (SEGMENT D) PROJECT, SAID PROPERTY LOCATED IN THE J. MORTON SURVEY, ABSTRACT NO. 793, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately .410 acres of land, needed for road right-of-way and .794 acres of land, needed for a slope easement, both situated in the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas (collectively, the “Property”)’ and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for the construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the West Prosper Roads Improvements, Phase 2 (Segment D) Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED 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, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Item 14 Resolution No. 18-__, Page 2 SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF APRIL, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 14 Resolution No. 18-__, Page 3 EXHIBIT A R.O.W. Dedication BEING a tract of land situated in the J. Morton Survey, Abstract No. 793, Town of Prosper, Denton County, Texas, the subject tract being a portion of a tract conveyed to Corey Graham according to the deed recorded in Document No. 2015-93227 of the Official Public Records, Denton County, Texas (OPRDCT), with the subject tract being more particularly described as follows: BEGINNING at a 1/2" iron rod found for the northeast corner of said Graham tract, and being on a west line of a tract conveyed to TVG Texas I, LLC, recorded in Document No. 2012-59927 OPRDCT, said rod being on the south line of Fishtrap Road, a variable width prescriptive right- of-way; THENCE S 01°09'00" W, 27.18 feet along the east line of said Graham tract to a point from which a United States Corps of Engineers concrete monument found for the southeast corner of said Graham tract bears S 01°09'00" W, 251.79 feet; THENCE into said Graham tract, around a non-tangent curve to the right having a central angle of 04°11'42", a radius of 1460.00 feet, a chord of N 89°53'56" W - 106.87 feet, an arc length of 106.90 feet; THENCE N 87°48'04" W, 474.18 feet through said Graham tract to a point on the east line of Preserve at Doe Creek Phase 1, an addition recorded in Document No. 2016-2124, Plat Records, Denton County, Texas; THENCE N 02°23'05" W, 30.80 feet along the east line thereof to a point for the northwest corner of said Graham tract, and being on the south line of Fishtrap Road; THENCE S 87°50'17" E, 582.95 feet along the south line thereof to the POINT OF BEGINNING with the subject tract containing 17,842 square feet or 0.410 acres of land. Item 14 Resolution No. 18-__, Page 4 EXHIBIT A (Continued) Item 14 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) Item 14 Resolution No. 18-__, Page 6 EXHIBIT A (Continued) Item 14 Resolution No. 18-__, Page 7 EXHIBIT A (Continued) Item 14 Resolution No. 18-__, Page 8 EXHIBIT A (Continued) Item 14 Resolution No. 18-__, Page 9 EXHIBIT A (Continued) Item 14 LOCATION MAP ROW and Easement to be acquired FM 1 3 8 5 Windsong Ranch Item 14 Page 1 of 1 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 – April 10, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Water Storage Tank Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of an elevated storage tank to serve the lower pressure plane, to be located on the north side of Fishtrap Road, east and adjacent to the Artesia development. The subject property is needed for this project, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2. Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Water Storage Tank Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 2.095 acres of real property, situated generally in the L. Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, necessary for the construction of the Fishtrap Elevated Water Storage Tank Project and for other public purposes permitted by law. This item requires a roll call vote. Prosper is a place where everyone matters. ENGINEERING Item 15 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 2.095 ACRES OF PROPERTY FOR THE SITE OF THE LOWER PRESSURE PLANE ELEVATED WATER STORAGE TANK PROJECT, SAID PROPERTY LOCATED IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, DENTON COUNTY, TEXAS, AND LYING IN THE SOUTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WEN-CHI LEE BY THE DEED RECORDED IN VOLUME 2778, PAGE 62, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 2.095 acres of land located in the L. Netherly Survey, Abstract No. 962, Denton County, Texas, and lying in the southwest corner of the tract of land conveyed to Wen-Chi Lee by the deed recorded in Volume 2778, Page 62 of the deed records of Denton County (the “Property”), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use as the site of the Lower Pressure Plane Elevated Water Storage Tank Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Elevated Water Storage Tank Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED 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, Texas, and they are hereby approved and incorporated into the Item 15 Resolution No. 18-__, Page 2 body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF APRIL, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 15 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 15 Resolution No. 18-__, Page 4 EXHIBIT A Item 15 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION BEING 2.095 acres of land located in the L. NETHERLY SURVEY, Abstract No. 962, Denton County, Texas, and being a portion of the tract of land conveyed to Wen-Chi Lee by the deed recorded in Volume 2778, Page 62, of the Deed Records of Denton County, Texas. Said 2.095 acres of land being more particularly described by metes and bounds, as follows: BEGINNING at a ½” iron rod found at the Southwest corner of said Lee Tract, and lying in the North right-of-way line of Fishtrap Road; THENCE N 00° 16’ 14” E along the West boundary line of said Lee Tract, at 30.02 feet passing a ½” iron rod found at the Southeast corner of Lot 20, Block 48, Artesia Phase 1A, an addition to Denton County, Texas, by the plat recorded in Cabinet “X”, Page 13, of the Plat Records of Denton County, Texas, and in all 269.43’ feet to a ½” iron rod marked “Brittain & Crawford” set; THENCE N 89° 02’ 45” E 336.06 feet, departing the West boundary line of said Lee Tract, to a ½” iron rod marked “Brittain & Crawford” set; THENCE S 00° 52’ 55” E 269.36 feet to a ½” iron rod marked “Brittain & Crawford” set, in the South boundary line of said Lee Tract, and lying in the North right-of-way line of Fishtrap Road; THENCE S 89° 02’ 45” W 341.48 feet, along the South boundary line of said Lee Tract and the North right-of-way line of said Fishtrap Road, to the POINT OF BEGINNING containing 2.095 acres (91,252 square feet) of land. Item 15 LOCATION MAP Proposed Tank Site Fishtrap Rd. Te e l P k w y Item 15