05.08.18 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. Presentation of a Proclamation to members of the Prosper Police Department declaring
May 13-19, 2018, as Police Week, and declaring May 15, 2018, as Peace Officers
Memorial Day. (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 – April 24, 2018
• Special Called Meeting – May 1, 2018
5b. Consider and act upon a resolution to request the State of Texas Department of
Transportation remove from the State Transportation System that section of
Business State Highway 289 from FM 1193 (Broadway Street) to State Highway
289 at US 380. (HW)
5c. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any Site Plan or
Preliminary Site Plan. (AG)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
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
May 8, 2018
6:00 p.m.
Page 2 of 3
DEPARTMENT ITEMS:
7. Discussion on Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility.
(HW)
8. Consider and act upon a resolution directing publication of notice of intention to issue
Combination Tax and Surplus Revenue Certificates of Obligation for the purpose of
funding costs of multi-purpose municipal facilities, waterworks system, including water
distribution lines, elevated storage, pump stations, right-of-way, and street and road
projects in the Town. (KN)
9. Consider and act upon rejecting all bids received for Bid No. 2018-55-B, related to
construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road)
project. (FJ)
10. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement
between Collin County, the Town of Prosper, and the City of Celina concerning the design
and construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH
289). (HW)
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 551.071 – Consultation with the Town Attorney regarding legal issues
associated with nonconforming uses of land, and all matters incident and related
thereto.
12. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• CIP Roadway Design Discussion (HW)
• Frontier Parkway Reconstruction (FJ)
14. Adjourn.
Page 3 of 3
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, May 4, 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 6
]
Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order 6:02 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Staff Members Present:
Chuck Springer, Executive Director of Administrative Services
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
Dudley Raymond, Parks and Recreation Director
Matt Furr, Parks Superintendent
Michael Bulla, CIP Project Manager
Doug Kowalski, Police Chief
2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Jason McConnell of Prosper United Methodist 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:
Early voting for the May 5 General and Special Elections will continue through May 1.
Collin County voters may vote in Prosper Municipal Chambers during early voting, and at
the Prosper ISD Administration Building on Election Day. Denton County voters may vote
at any Denton County polling location during early voting, and at Prosper Fire Station 2 on
Election Day.
The Prosper Fire Department will host a Citizens Fire Academy beginning June 7 at Fire
Station 2. Participants will meet once a week for eight weeks to learn more about the
Prosper Fire Department. More information is available on the Town website.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, April 24, 2018
Item 5a
Page 2 of 6
The Prosper Police Department Community Safety Initiative will be held on Saturday, May
12, from 10:00 a.m.-noon at Texas Health Prosper. Join the Prosper Police Officers for a
morning of family fun, food and educational activities as we celebrate Police Week.
Registration is now open for Prosper’s Summer recreation programs, sports, and activity
camps. Sign up at www.ProsperParksandRec.org.
4. Presentations.
• Tree City USA Presentation (DR)
Parks and Recreation Director Dudley Raymond introduced Rachel McGregor with the
Texas A&M Forest Service. She presented a Tree City USA Street Sign to Mr.
Raymond and Parks Superintendent Matt Furr.
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 – April 10, 2018
5b. Receive the Monthly Financial Report. (KN)
5c. Consider and act upon Resolution 18-30 denying the Distribution Cost
Recovery Factor (“DCRF”) application proposed by Oncor to increase
distribution rates in their service area. (KN)
5d. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Councilmember Dugger made a motion and Councilmember Korbuly seconded
the motion to approve all items on the Consent Agenda. The motion was approved
by a vote of 6-0.
Item 5a
Page 3 of 6
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.
Ronald Dalton, 206 W. First Street, Prosper, addressed the Council regarding the recent
acquisition of his property by the Town. He requested the Council reconsider his
settlement agreement and allow him extended time to vacate the property.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
DEPARTMENT ITEMS:
7. Consider and act upon authorizing the Town Manager to execute a Roadway Impact
Fee Agreement between Risland Prosper 221 LLC, and the Town of Prosper, Texas,
related to the construction of Shawnee Trail to serve the Legacy Garden
development. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. Risland Prosper 221 LLC is developing Legacy Garden,
and in order for the development to occur, they will be required to extend two lanes of
Shawnee Trail as depicted on the Town of Prosper Thoroughfare Plan. The actual costs
for the design and construction of the improvements are eligible for credit/reimbursement
of roadway impact fees collected from the development. The purpose of the Roadway
Impact Fee Agreement is to outline the obligations of the Town of Prosper and Risland
Prosper 221 LLC, related to the design, construction, and credit/reimbursement of
roadway impact fees from their development and the additional service area adjacent to
their development.
After discussion, Councilmember Korbuly made a motion and Councilmember Hodges
seconded the motion to authorize the Town Manager to execute a Roadway Impact Fee
Agreement between Risland Prosper 221 LLC, and the Town of Prosper, Texas, related
to the construction of Shawnee Trail to serve the Legacy Garden development. The
motion was approved by a vote of 6-0.
8. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Wier & Associates, Inc., and the Town of Prosper,
Texas, related to the design of the Old Town Regional Retention - Broadway project.
(HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. As part of the Old Town Drainage Study completed in
August of 2014, the property north of Broadway between Church and Parvin was identified
Item 5a
Page 4 of 6
as the location for one of the Town’s Downtown Regional Retention Ponds. On September
19, 2017, the Town acquired the property. The proposal from Wier & Associates, Inc.,
includes: survey work necessary for design, watershed hydrologic modeling, creating a
Dam Safety Plan, preparing Water Rights Permit exhibits, Dam Safety Permit exhibits,
permit application preparation, completing final plans and bid documents, performing
construction phase support, and preparation of up to 3 permanent easements, and 7
temporary construction easements.
After discussion, Councilmember Dugger made a motion and Councilmember Miller
seconded the motion to authorize the Town Manager to execute a Professional Services
Agreement between Wier & Associates, Inc., and the Town of Prosper, Texas, related to
the design of the Old Town Regional Retention - Broadway project. The motion was
approved by a vote of 6-0.
9. Consider and act upon approving Change Order Number 34, to Pogue Construction
Co., L.P., related to construction services for Town of Prosper Town Hall/Multi-
Purpose Facility; and authorize the Town Manager to execute Change Order
Number 34 for same. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. At the January 24, 2018, Special Meeting of the Prosper
Town Council, staff discussed with the Council options for utilizing the $75,000 in funding
for the Old Town Study, Phase 2 project. With the need for parking to accommodate the
existing and proposed businesses in the downtown area, Council directed staff to proceed
with the construction of the parking lot on the north side of the Town Hall/Multi-Purpose
Facility property. This will result in an additional 40 parking spaces to serve the Town Hall
and downtown businesses.
After discussion, Councilmember Miller made a motion and Councilmember Dugger
seconded the motion to approve Change Order Number 34, to Pogue Construction Co.,
L.P., related to construction services for Town of Prosper Town Hall/Multi-Purpose Facility;
and authorize the Town Manager to execute Change Order Number 34 for same. The
motion was approved by a vote of 6-0.
10. 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:
10a. Section 551.087 – To discuss and consider economic development
incentives.
10b. 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.
10c. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
Item 5a
Page 5 of 6
The Town Council recessed into Executive Session at 6:38 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:31 p.m. Councilmember Dugger
did not return to the Council bench at this time.
Councilmember Miller made a motion and Councilmember Korbuly seconded the motion
to authorize the Mayor to execute a Notice of Consent to Assignment of Development
Agreement and Finance Agreement. The motion was approved by a vote of 5-0.
Councilmember Dugger returned to the meeting and took his place at the Council bench.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Speed Limit on First Street. (DK/HW)
Police Chief Kowalski briefed the Council on previous speed studies conducted on
First Street. Both studies indicated that less than one-half of one percent of drivers
drive at speeds that are at least 10mph over the speed limit. Town staff recommended
no change to the current speed limit or to traffic enforcement efforts at this time. The
Council directed staff to install traffic counters on First Street to assess vehicle speed.
• Old Town Study Phase 2. (JW)
Development Services Director John Webb asked the Council for feedback regarding
the proposed scope of services for Old Town Study Phase 2 project. He provided
photographic examples of architectural features from similar downtown projects.
Town staff will work with the consulting team to develop a scope of services addressing
design standards and a potential catalyst project.
• U.S. Youth Soccer Tournament. (DR)
Parks and Recreation Director Dudley Raymond presented the Council with a request
from FC Dallas to reserve the Frontier Park North fields as a backup location for a
soccer tournament to be held in Frisco in July. The Council agreed to allow the fields
to be reserved for the standard field rental fee.
• Frontier Park Football Fields. (DR)
Parks and Recreation Director Dudley Raymond presented the Council with a request
from the City of Celina reserve the Frontier Park North fields as a backup location for
football games to be held in May. The Council agreed to allow the fields to be reserved
for the standard field rental fee.
13. Adjourn.
The meeting was adjourned at 8:27 p.m., on Tuesday, April 24, 2018.
These minutes approved on the 8th day of May 2018.
Item 5a
Page 6 of 6
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 2
]
Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order 6:00 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
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Chuck Springer, Executive Director of Administrative Services
2.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:
2a. Section 551.087 – To discuss and consider economic development
incentives.
2b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
The Town Council recessed into Executive Session at 6:01 p.m.
3.Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:20 p.m. No action was taken as
a result of the closed session.
4. Adjourn.
The meeting was adjourned at 7:20 p.m., on Tuesday, May 1, 2018.
These minutes approved on the 8th day of May 2018.
MINUTES
Special Meeting of the
Prosper Town Council
Town Annex Conference Room
151 S. Main Street
Prosper, TX 75078
Tuesday, May 1, 2018
Item 5a
Page 2 of 2
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: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 8, 2018
Agenda Item:
Consider and act upon a resolution to request the State of Texas Department of Transportation
remove from the State Transportation System that section of Business State Highway 289 from FM
1193 (Broadway Street) to State Highway 289 at US 380.
Description of Agenda Item:
With the proposed development of the Gates of Prosper on the west side of SH 289 (Preston
Road), the existing alignment of Business State Highway 289 (Coleman Street) will need to be
modified to accommodate the development. The removal of Business SH 289 from FM 1193
(Broadway) to SH 289 at US 380 is essential in facilitating the proposed development of the Gates
of Prosper. This is similar to the removal of Business SH 289 from FM 1193 (Broadway) to SH 289
at FM 1461 that was approved in 2009 to accommodate Prosper High School.
This resolution will allow TxDOT to proceed with the formal approval process to get Business SH
289 from FM 1193 (Broadway) to SH 289 at US 380 taken off the State Transportation System.
Budget Impact:
There is no budget impact associated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution
2.Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution to request the State of Texas
Department of Transportation remove from the State Transportation System that section of
Business State Highway 289 from FM 1193 (Broadway Street) to State Highway 289 at US 380.
Proposed Motion:
I move to approve a resolution to request the State of Texas Department of Transportation remove
from the State Transportation System that section of Business State Highway 289 from FM 1193
(Broadway Street) to State Highway 289 at US 380.
ENGINEERING
Item 5b
TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY REQUESTING THE TEXAS DEPARTMENT OF
TRANSPORTATION REMOVE FROM THE STATE TRANSPORTATION
SYSTEM THAT SECTION OF BUSINESS STATE HIGHWAY 289 FROM FM
1193 (BROADWAY STREET) TO STATE HIGHWAY 289 AT US 380; MAKING
FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is increasing in population and urbanization; and
WHEREAS, the Town of Prosper desires to have local control over the operation and
maintenance of Business State Highway 289 from FM 1193 (Broadway Street) to State Highway
289 at US 380; and
WHEREAS, the Texas Department of Transportation has requested such roadway
transfers through the announcement of the “Turnback Program”; and
WHEREAS, the Turnback Program provides a mechanism by which a local
jurisdiction is provided some measure of consideration in return for assuming maintenance
responsibility for such roads.
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 acknowledges the prescriptive ownership of Business State Highway
289 by the Texas Department of Transportation.
SECTION 3
The Town Council of the Town of Prosper, Texas, hereby respectfully requests that the
Texas Department of Transportation remove from the State Transportation System that section
of Business State Highway 289 from FM 1193 (Broadway) to State Highway 289 at US 380.
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.
Item 5b
Resolution No. 18-__, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 8TH DAY OF MAY , 2018.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5b
Bus SH 289
Section of
Bus SH 289
Previously
Removed in
2009
Exhibit A
FM 1193
Section of Bus. SH 289 to be removed
from state roadway system
Bus SH 289
Being
Requested
to be
Removed
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 8, 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 May 2, 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 PISD Elementary (Parks at Legacy)
2.Site Plan for Panera Bread (Gates of Prosper)
Attachment Summary:
Project
Name Type Location
Building
Size
Existing/
Proposed Uses
Known
Tenant(s)
PISD
Elementary
Preliminary
Site Plan
South side of
Fishtrap Road,
1,200± feet west
of Legacy Drive
94,744
sq. ft.
Elementary
School
PISD
Panera
Bread
Site Plan North side of
Richland
Boulevard, 500±
feet east of
Preston Road
4,447
sq. ft.
Restaurant with
Drive-Through
Panera
Bread
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 5c
revisionno.dateby
tnp project
sheet
HUC18033Prosper, Texas
Improvements for
New Elementary School #11
APR 2018
teague nall and perkins, inc
825 Watters Creek Blvd., Suite M300
Allen, Texas 75013
214.461.9867 ph 214.461.9864 fx
www.tnpinc.com
TBPE: F-230; TBPLS: 10011600, 10011601, 10194381
scale
vert
horiz
when bar is
1 inch long
Prosper
Independent
School
District
intended for construction, bidding or permit
This document is for interim review and is not
purposes.
, P.E. Date:
Tx. Reg. #
April 2018
109788
Craig M. Chonko
PROSPER CENTER
BLOCK A, LOT 8R
L. NETHERLY SURVEY, ABSTRACT NO. 962
1" = 60'
N/A PRELIMINARY SITE PLAN
----
SITE PLAN NOTES:
LOCATION MAP
NOT TO SCALE
PRELIMINARY SITE PLAN
ELEMENTARY SCHOOL #11
TOWN CASE # D18-0021
FEMA NOTE:
LEGEND
SITE DATA
NOTES:
Item 5c
Item 5c
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 – May 8, 2018
Agenda Item:
Discussion on Public Safety Complex, Phase 1 (Police Station and Dispatch) Facility.
Description of Agenda Item:
To further the space needs evaluation of the Public Safety Complex, specifically phase one being
the Police Station and Dispatch, an agreement was approved on March 22, 2018, with Brown
Reynolds Watford Architects (BRW). The services provided by the agreement include the following:
•Pre-design tours of area police stations.
•Evaluate the previous space program prepared by RPGA Design Group, Inc., to develop a
baseline of spaces for critical police operations.
•Establish a baseline building area allowable within the budget based on historic square foot
construction cost.
•Propose incremental expansion options with pricing based on historic square foot construction
cost to accommodate further prioritized needs.
•Prepare blocking plan diagram options that illustrate different potential building configurations
and space adjacencies.
•Prepare site master plan options that consider different layouts for buildings and site
development.
•Presentation to Town Council to included design visioning.
Over the past six weeks, BRW has been working on the pre-design phase of the project with staff to
establish consensus on recommendations to the Town Council. These include recommended
square footages for each space within the project, an overall square footage for the building, internal
service building configurations, layout of the site, and optional space additions to serve future needs.
BRW Architects will be presenting a detailed summary of the Public Safety Complex, Phase 1 (Police
Station and Dispatch) Facility current cost estimate as well as the other possible alternative
components associated with the project and address any questions related to the project. In addition,
BRW Architects will be requesting some feedback on design ideas and expectations for the project.
Based on the feedback received from the Town Council on the construction cost options, BRW
Architects will be able to further define the desired scope of the project in preparation for the design
contract to be considered at the June 26, 2018, Town Council meeting.
Prosper is a place where everyone matters.
ENGINEERING
Item 7
Page 2 of 2
Budget Impact:
There is currently $11,000,000 approved in the CIP for the design and construction as well as the
necessary furniture, fixtures, and equipment for the Public Safety Complex, Phase 1 (Police Station
and Dispatch) Facility.
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback on the Public Safety Complex,
Phase 1 (Police Station and Dispatch) Facility.
Item 7
Page 1 of 1
To: Mayor and Town Council
From: Kelly Neal, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 8, 2018
Agenda Item:
Consider and act upon a resolution directing publication of notice of intention to issue Combination
Tax and Surplus Revenue Certificates of Obligation for the purpose of funding costs of multi-
purpose municipal facilities, waterworks system, including water distribution lines, elevated
storage, pump stations, right-of-way, and street and road projects in the Town.
Description of Agenda Item:
The attached resolution initiates the process of issuing certificates of obligation for the projects
specified. The timeline, included as an attachment, outlines the bond issue process.
Budget Impact:
The principal amount of the bonds issued are not to exceed $23,400,000 as stated in the attached
resolution and notice of intent.
Legal Obligations and Review:
Dan Culver of McCall, Parkhurst and Horton, the Town’s bond counsel, prepared the attached
Resolution.
Attached Documents:
1. Resolution
2.Timeline
Town Staff Recommendation:
Town staff recommends approval of the resolution providing for publication of notice of intent to
issue certificates of obligation to finance the obligations associated with the aforementioned
projects.
Recommended Motion:
I move to approve the resolution providing for publication of notice of intent to issue certificates of
obligation to finance the obligations associated with the aforementioned projects.
Prosper is a place where everyone matters.
FINANCE
Item 8
CERTIFICATE REGARDING ADOPTION OF RESOLUTION NO. 18-32
THE STATE OF TEXAS §
COUNTIES OF COLLIN AND DENTON §
TOWN OF PROSPER §
We, the undersigned officers of the Town, hereby certify as follows:
1. The Town Council of the Town of Prosper convened in REGULAR MEETING ON THE8TH DAY OF MAY, 2018, at the Town Hall, and the roll was called of the duly constituted officersand members of the Town Council, to-wit:
Ray Smith, MayorCurry Vogelsang, Jr., Mayor Pro-TemJason Dixon, Deputy Mayor Pro-Tem Michael KorbulyKenneth DuggerMeigs MillerJeff Hodges
Robyn Battle, Town Secretary
and all of said persons were present, except the following absentees: ___________________, thusconstituting a quorum. Whereupon, among other business, the following was transacted at saidMeeting: a written
RESOLUTION NO. 18-32 BY THE TOWN COUNCIL OF THE TOWN OFPROSPER, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTIONTO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OFOBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THESUBJECT
was duly introduced for the consideration of the Town Council. It was then duly moved andseconded that said Resolution be adopted and, after due discussion, said motion, carrying with it theadoption of said Resolution, prevailed and carried by the following vote:
AYES: All members of the Town Council shown present above voted "Aye," except as shownbelow:
NOES: ABSTAIN:
2.A true, full and correct copy of the aforesaid Resolution adopted at the Meeting describedin the above and foregoing paragraph is attached to and follows this Certificate; that said Resolutionhas been duly recorded in said Town Council's minutes of said Meeting; that the above andforegoing paragraph is a true, full and correct excerpt from the Town Council's minutes of saidMeeting pertaining to the adoption of said Resolution; that the persons named in the above andforegoing paragraph are the duly chosen, qualified and acting officers and members of the TownCouncil as indicated therein; that each of the officers and members of the Town Council was dulyand sufficiently notified officially and personally, in advance, of the time, place and purpose of theaforesaid Meeting, and that said Resolution would be introduced and considered for adoption at saidMeeting, and each of said officers and members consented, in advance, to the holding of saidMeeting for such purpose, and that said Meeting was open to the public and public notice of thetime, place and purpose of said meeting was given, all as required by Chapter 551, TexasGovernment Code.
Item 8
3. The Town Council has approved and hereby approves the aforesaid Resolution; that theMayor and the Town Secretary of the Town have duly signed said Resolution; and that the Mayorand the Town Secretary of the Town hereby declare that their signing of this Certificate shallconstitute the signing of the attached and following copy of said Resolution for all purposes.
SIGNED this, the 8th day of May, 2018.
______________________________________________________________ Town Secretary Mayor
Item 8
RESOLUTION NO. 18-32
OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DIRECTING
PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO
THE SUBJECT
WHEREAS, this Town Council deems it advisable to authorize publication of notice of intent
to issue Certificates of Obligation for the purposes hereinafter set forth;
WHEREAS, the Town expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described in "Exhibit A" to this Resolution; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice of the time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
Section 1. Attached hereto and marked "Exhibit A" is a form of notice, the form and
substance of which are hereby passed and approved.
Section 2. The Town Secretary shall cause said notice to be published in substantially the
form attached hereto, in a newspaper of general circulation in said Town, and published in said Town,
once a week for two consecutive weeks, the date of the first publication thereof to be at least 31 days
prior to the time set for the issuance of such certificates of obligation as shown in said notice.
Section 3. The facilities and improvements to be financed with proceeds from the proposed
Certificates of Obligation are to be used for the purposes described in the Notice.
Section 4. This Resolution shall be effective immediately upon adoption.
Item 8
EXHIBIT A
TOWN OF PROSPER, TEXAS
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION
The Town of Prosper does hereby give notice of intention to issue one or more series of combination
tax and surplus revenue certificates of obligation (the "Certificates"), in the maximum principal
amount not to exceed $23,400,000 for paying all or a portion of the Town's contractual obligations
incurred in connection with (i) constructing and equipping a multi-purpose municipal facility to serve
as Town Hall and for other municipal services, (ii) constructing and acquiring improvements and
equipping the Town's waterworks system, including water distribution lines, elevated storage, pump
stations and the purchase of any necessary right-of-way and other related costs, (iii) constructing,
improving, extending, expanding, upgrading and developing streets and roads and intersections
including, utility relocation, landscaping, sidewalks, traffic safety and operational improvements and
the purchase of any necessary right-of-way and other related costs, and (iv) paying legal, fiscal,
engineering and architectural fees in connection with these projects. The Town proposes to adopt
an ordinance that will provide for the Certificates to be secured by a pledge of funds received from
the levy and collection of ad valorem taxes in the Town, as provided by law, and from a pledge of
the surplus net revenues of the Town's water and sewer system (the "System") that remain after
payment of all operation and maintenance expenses thereof, and after all debt service, reserve, and
other requirements in connection with all revenue bonds or other obligations (now or hereafter
outstanding) of the Town have been met, to the extent that such obligations are payable from all or
any part of the net revenues of the System. The Town Council intends to consider for passage at a
meeting to be held at 6:00 P.M. on June 26, 2018, at the Prosper Municipal Chamber, 108 W.
Broadway, Prosper, Texas, an ordinance authorizing the issuance of Combination Tax and Surplus
Revenue Certificates of Obligation. The Certificates are to be issued, and this notice is given, under
and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271.
TOWN OF PROSPER, TEXAS
By: /s/ Ray Smith, Mayor
Item 8
SMTWTFS SMTWTFS SMTWTFS SMTWTFS
1234567 12345 12 1234567
891011121314 6789101112 3456789 891011121314
15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21
22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28
29 30 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
Complete
By Day Event
23-Apr-18 Monday HilltopSecurities requests information for preparation of the Official Statement
2-May-18 Wednesday HilltopSecurities receives requested information.
HilltopSecurities begins preparation of the Official Statement
7-May-18 Monday Draft Official Statement distributed to the Town and
Bond Counsel
8-May-18 Tuesday Town Council approves publication of Notice of Intent for the
Certificates. Publication will occur in the Town's paper of record.
16-May-18 Wednesday 1st publication of Notice of Intent for Certificates
16-May-18 Wednesday HilltopSecurities receives comments on Official Statement
21-May-18 Monday Distribute POS to Rating Agency
23-May-18 Wednesday 2nd publication of Notice of Intent for Certificates
Rating Agency Conference Calls/Meetings
14-Jun-18 Thursday Receive Ratings
15-Jun-18 Friday Electronically mail Official Statement to Potential Purchasers
26-Jun-18 Tuesday Pricing
26-Jun-18 Tuesday Town Council passes Ordinance authorizing issuance
of the Bonds and Certificates
26-Jul-18 Thursday Closing and Delivery of Funds to the Town
Week of May 28th - June 1st
Town of Prosper, TX
Series 2018 Issuance
2/9/2018
Acct: 0643-016
Preliminary Schedule of Events
Apr-18 May-18 Jun-18 Jul-18
Item 8
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – May 8, 2018
Agenda Item:
Consider and act upon rejecting all bids received for Bid No. 2018-55-B, related to construction
services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project.
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
At the April 16, 2018, Collin County Commissioners Court meeting, the Commissioners discussed a
November 2018 Bond Election. It is expected that around 20% of the monies funded annually by the
bond sales will provide 50% matching funds for local roadway infrastructure projects, like the Prosper
Trail (Coit Road – Custer Road) road widening project. The design of the 90% construction plans
for the Prosper Trail (Coit Road – Custer Road) road widening project are well underway and
expected to be complete by the end of this year. Once construction funding is allocated, the
consultant can quickly complete the construction plans and put the project out to bid. Staff is
recommending that instead of reconstructing the entire length of Prosper Trail from Coit Road to
Custer Road as depicted with this bid, reject the bids and pursue another bid for repair of the problem
areas. The maintenance of the roadway would continue until funding is provided for the Prosper
Trail (Coit Road – Custer Road) road widening project.
If the bids are not rejected, to facilitate construction, Prosper Trail traffic will be reduced to one lane
and traffic will flow one-way, eastbound only. Staff will coordinate with the 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.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 9
Page 2 of 2
Budget Impact:
$1,378,818 was approved in the FY 2017-2018 Budget for the cost of this project. Funding for the
proposed construction cost of $1,038,819.96 has been budgeted 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.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council reject all bids received for Bid No. 2018-55-B, related
to construction services for the Prosper Trail Reconstruction (Coit Road – Custer Road) project.
Proposed Motion:
I move to reject all bids received for Bid No. 2018-55-B, related to construction services for the
Prosper Trail Reconstruction (Coit Road – Custer Road) project.
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
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
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.
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.
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.
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.
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.”
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;
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
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
2018-55-B
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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.
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The Owner retains the right to provide and pay for any or all costs of defending indemnified
items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for
any such costs, Contractor shall indemnify and reimburse Owner for such costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies approved
by the State of Texas and acceptable to the Town of Prosper. The Contractor shall
furnish to the Town of Prosper Purchasing Agent certificates of insurance executed
by the insurer or its authorized agent stating the type of coverages, limits of each
such coverage, expiration dates and compliance with all applicable required
provisions. Certificates shall reference the project/contract number and be
addressed as follows:
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.
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2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days’ notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of “A” or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
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"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;
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(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.
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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;
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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.
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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.
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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.
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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.
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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
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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
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.]
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.
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.
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.]
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.
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.
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.]
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
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.
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.
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.
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
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.
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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(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
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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,
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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
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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.
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.
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
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
BID NO. 2018-55-B
LOCATION MAP
A
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
BID NO. 2018-55-B
TYPICAL SECTIONS
B
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
BID NO. 2018-55-B
SECTION SW3P
C
STORM WATER POLLUTION PREVENTION PLAN
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.
PROSPER TRAIL RECONSTRUCTION COIT ROAD TO CUSTER ROAD
BID NO. 2018-55-B
SPECIAL INSTRUCTIONS
D
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
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
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 – May 8, 2018
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement
between Collin County, the Town of Prosper, and the City of Celina concerning the design and
construction of Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289).
Description of Agenda Item:
Collin County is currently designing the improvements to Frontier Parkway from the Dallas North
Tollway to Preston Road (SH 289) from the existing 2-lane roadway to a 4-lane concrete curb
and gutter divided roadway with an overpass at the BNSF Railroad. More specifically, the
roadway will be 4 lanes with a median that allows for future expansion to 6 lanes. The bridge
over the BNSF Railroad will be approximately 555 feet long and will be wide enough for the full
6 lanes with 8-foot sidewalks on both sides. The drainage will generally be curb inlets, storm
sewer and culverts; however, there will be a large drainage channel on the south side of the
roadway between Frontier Park and the Dallas North Tollway.
In order to facilitate the project, the proposed Interlocal Agreement outlines the agreed to project
scope and financial obligations of Collin County, the Town of Prosper and the City of Celina.
Budget Impact:
As outlined in the Interlocal Agreement, Collin County estimated the total project cost to be
$21,750,000 in March 2017. An additional amount of $805,000 is added to this estimate to allow
for escalation of construction prices until the end of 2018, for a total estimated 2018 project cost
of $22,555,000. The County, Prosper and Celina shall share the costs as follows:
•Prosper shall be responsible for a payment to Collin County of $3,650,000 plus one-third of
the difference between the actual total project cost for the 4-lane bridge alternate and
$16,000,000.
•Collin County allocated $3,973,868 to Celina for this project. An initial transfer was made to
Celina in the amount of $477,404. Celina shall be responsible for a re-payment to Collin
County of the portion of this initial transfer which has not been already paid toward the
project.
•Celina shall be responsible for a payment to Collin County of $4,350,000 in Regional Toll
Revenue (RTR) funds which were allocated to this project for the benefit of both
municipalities but for which Celina executed the contract with Texas Department of
Transportation (TxDOT) for these funds.
ENGINEERING
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Page 2 of 2
•Celina shall be responsible for a payment to Collin County of one-third of the difference
between the actual total project cost for the 4-lane bridge alternate and $16,000,000, except
that Celina will also be responsible for payment of the cost to design a 6-lane bridge in
addition to a 4-lane bridge as well as the full amount of the difference in construction cost
between a 6-lane bridge and a 4-lane bridge as determined by the difference between the
base bid and alternate bid.
•$4,000,000 in additional RTR funds have been made available to the project. Collin County
will be responsible for acquiring those funds for use on the project.
•The County shall also be responsible to provide one-third of the difference between the
actual total project cost for the four-lane bridge alternate and $16,000,000.
The Town’s current funding for the project is $5,860,000:
•$ 3,680,000 – East Thoroughfare Impact Fee Funds
•$ 949,004 – Existing Bond Funds
•$ 1,230,996 – Future Bond Funds
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the Interlocal Agreement as to
form and legality.
Attached Documents:
1.Interlocal Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute an
Interlocal Agreement between Collin County, the Town of Prosper, and the City of Celina
concerning the design and construction of Frontier Parkway from the Dallas North Tollway to
Preston Road (SH 289).
Proposed Motion:
I move to authorize the Town Manager to execute an Interlocal Agreement between Collin
County, the Town of Prosper, and the City of Celina concerning the design and construction of
Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289).
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1
INTERLOCAL AGREEMENT
BETWEEN
COLLIN COUNTY, THE TOWN OF PROSPER AND THE CITY OF CELINA
CONCERNING THE DESIGN AND CONSTRUCTION OF
FRONTIER PARKWAY FROM THE DALLAS NORTH TOLLWAY TO PRESTON ROAD (SH 289)
WHEREAS, the County of Collin, Texas (the “County”), the Town of Prosper, Texas (“Prosper”) and the City of
Celina, Texas (“Celina”), (Prosper and Celina herein sometimes collectively referred to as “The
Municipalities”), desire to enter into this agreement concerning the design and construction of
improvements to Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289) (the
“Project”) in the Town of Prosper and the City of Celina, Collin County, Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government
to contract with one or more local governments to perform governmental functions and services under
the terms of the Act; and
WHEREAS, the County, Prosper and Celina have determined that the improvements related to the Project may be
designed and constructed most economically by implementing this Interlocal Agreement (ILA) for
Collin County to administer the Project; and
WHEREAS, this ILA shall provide the terms and conditions of the funding participation of the three parties; and
WHEREAS, the parties hereto have investigated and determined that is in the best interest of each of their respective
jurisdictions to enter into this ILA.
NOW, THEREFORE, this ILA is made and entered into by and between the County, Prosper, and Celina upon and
for the mutual consideration stated herein, the receipt and sufficiency of which is hereby acknowledged:
WITNESSETH:
ARTICLE I.
The Project shall consist of widening Frontier Parkway from the Dallas North Tollway to Preston Road (SH 289) from
2 lanes to 4 lanes. More specifically, the roadway will be 4 lanes with a median that allows for future expansion to 6
lanes. The project includes a bridge over the Burlington Northern Santa Fe Railroad that will be approximately 555
feet long that will be wide enough for the full 6 lanes with 8-foot sidewalks on both sides. The drainage will generally
be curb inlets, storm sewer and culverts; however, there will be a large drainage channel on the south side of the
roadway between Frontier Park and the Dallas North Tollway. The Project will be administered by Collin County.
ARTICLE II.
Collin County estimated the total project cost to be $21,750,000 in March, 2017. An additional amount of $805,000
is added to this estimate to allow for escalation of construction prices until the end of 2018, for a total estimated
2018 project cost of $22,555,000. The County, Prosper and Celina shall share the costs as follows:
Prosper shall be responsible for a payment to Collin County of $3,650,000 plus one-third of the difference
between the actual total project cost for the four-lane bridge alternate and $16,000,000.
Collin County allocated $3,973,868 to Celina for this project. An initial transfer was made to Celina in the
amount of $477,404. Celina shall be responsible for a re-payment to Collin County of the portion of this
initial transfer which has not been already paid toward the project.
Celina shall be responsible for a payment to Collin County of $4,350,000 in Regional Toll Revenue (RTR)
funds which were allocated to this project for the benefit of both municipalities but for which Celina
executed the contract with Texas Department of Transportation (TxDOT) for these funds.
Celina shall be responsible for a payment to Collin County of one-third of the difference between the actual
total project cost for the four-lane bridge alternate and $16,000,000, except that Celina will also be
responsible for payment of the cost to design a six-lane bridge in addition to a four-lane bridge as well as
the full amount of the difference in construction cost between a six-lane bridge and a four-lane bridge as
determined by the difference between the base bid and alternate bid.
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2
$4,000,000 in additional RTR funds have been made available to the project. Collin County will be
responsible for acquiring those funds for use on the project.
The County shall also be responsible to provide one-third of the difference between the actual total project
cost for the four-lane bridge alternate and $16,000,000.
There may be additional features to the Project that will be solely for the benefit of Prosper and Celina, such as a
traffic signal warrant study at the high school, street lighting, median irrigation and sidewalks. The scope of these
features have not yet been defined. At such time as Prosper and Celina define the scope of these feature, they will be
incorporated into the design and an amendment to this agreement will be required. While those features will be
incorporated into the design and construction of the Project, the cost of those features will be shared by Prosper and
Celina according to the proportional value to each municipality. Prosper and Celina will be responsible to pay Collin
County the amounts determined to be owed by each party for the design and construction of these features.
ARTICLE III.
TIMING.
1. Celina shall remit $4,350,000 (the RTR funds) to Collin County within 90 days of the execution of this
agreement.
2.Prosper shall remit $3,650,000 to Collin County within 90 days of the execution of this agreement.
3. Celina shall remit within 90 days of the execution of this agreement the amount of Collin County bond funds that
have been transferred to Celina but which have not been expended on this Project.
4. Celina shall remit within six months of the execution of this agreement the amount to design a six-lane bridge in
addition to a four-lane bridge as agreed to by Celina and Collin County in a separate document based on a design
proposal from the design engineer.
5.After the determination of the final probable cost of construction by the design engineer, all three entities will
have the opportunity to review the estimated total project cost. If the estimated total project cost exceeds
$22,555,000 plus the amount agreed to for optional additional features referred to in Article II by more than ten
percent, then each entity will have the right to terminate its further participation in the project within 60 days of
notification of the final probable cost of construction. If one party terminates its participation, the other two entities
have the right to terminate participation as well, or contribute equally to fund the difference. If Celina terminates its
further participation, the RTR funds from Celina and the Celina County bond funds will remain in the project fund
for contribution towards the construction of the project by the other two entities. If Prosper terminates its further
participation, the $3,650,000 from Prosper to remain in the project fund for contribution towards the construction of
the project by the other two entities. If the overpass is removed from the scope of the project, then Prosper is entitled
to reimbursement of the $3,650,000.
6. If the estimated total project cost does not exceed the amount defined in Paragraph 4 of this article the project will
be scheduled to be advertised for bidding within 120 days of notification of the final probable cost of construction to
all three parties.
7.If the lowest responsible bid exceeds an amount that causes the total project cost to exceed the amount defined in
Paragraph 5 of this article by more than ten percent, then each entity will have the right to terminate its further
participation in the project within 30 days of the opening of the bid. If one party terminates its participation, the
other two entities have the right to terminate participation as well, or contribute equally to fund the difference. If
Celina terminates its further participation, the RTR funds from Celina and the Celina County bond funds will remain
in the project fund for contribution towards the construction of the project by the other two entities. If Prosper
terminates its further participation, the $3,650,000 from Prosper to remain in the project fund for contribution
towards the construction of the project by the other two entities. Only the further participation amount will be
refunded to the terminating entity.
8.Prosper and Celina shall each remit to Collin County one-third of the difference between the actual alternate bid
for the project with a four-lane bridge and $16,000,000 within 45 days of the opening of the bid, except that Celina
may also remit the difference in construction cost between a six-lane bridge and a four-lane bridge as determined by
the difference between the base bid and the alternate bid within 45 days of the opening of the bid.
9.At project “close-out”, when the final construction amount is determined, an adjustment will be made to the
amounts paid by Prosper and Celina. If the actual total project cost is less than the estimated amount as defined in
Paragraph 5 of this article plus any amount the bid was over the final probable cost of construction, Collin County
will refund one-third of the difference each to Prosper and Celina within 90 days. If the actual total project cost is
more than the estimated amount plus the any amount the bid was over the final probable cost of construction,
Prosper and Celina will each remit one-third of the difference to Collin County within 90 days.
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3
10. If the Project is terminated per the provisions in Paragraphs 5 and 7 above, $3,650,000 will be refunded to
Prosper and $8,350,000 in RTR funds will be refunded to TxDOT.
ARTICLE IV.
Celina is currently under contract with the Texas Department of Transportation (TxDOT) for use of the $4,350,000
in RTR funds. It is the intent of the County that Celina remain under contract to TxDOT and comply with all
provisions of that agreement, while transferring the RTR funds to the County according to this agreement.
ARTICE V.
Collin County will enter into a contract with TxDOT for the use of the $4,000,000 and will fully comply with that
agreement.
ARTICLE VI.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE,
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND
EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING
DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS,
SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, IN
ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS
ILA, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY
RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS ILA.
ARTICLE VII.
VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of
this ILA. The parties agree that this ILA is performable in Collin County, Texas and that exclusive venue shall lie in
Collin County, Texas.
ARTICLE VIII.
SEVERABILITY. The provisions of this ILA are severable. If any paragraph, section, subdivision, sentence,
clause, or phrase of this ILA is for any reason held by a court of competent jurisdiction to be contrary to law or
contrary to any rule or regulation having the force and effect of the law, the remaining portions of the ILA shall be
enforced as if the invalid provision had never been included.
ARTICLEIX.
ENTIRE AGREEMENT. This ILA embodies the entire agreement between the parties and may only be modified in
a writing executed by all parties.
ARTICLE X.
SUCCESSORS AND ASSIGNS. This ILA shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns. None of the parties will assign or transfer an interest in this ILA without the written
consent of the other parties.
ARTICLE XI.
IMMUNITY. It is expressly understood and agreed that, in the execution of this ILA, none of the parties waive, nor
shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against
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4
claims arising in the exercise of governmental powers and functions. By entering into this ILA, the parties do not
create any obligations, express or implied, other that those set forth herein, and this ILA shall not create any rights in
parties not signatories hereto.
ARTICLE XII.
TERM. This ILA shall be effective upon execution by all parties and shall continue in effect annually until final
written acceptance of the Project by all three parties. This ILA shall automatically renew annually during this
period.
Item 10
5
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By: ________________________ By: __________________________
Name: _____________________ Name: Keith Self
Title: ______________________ Title: County Judge
Date: ______________________ Date: ________________________
Executed on this the ____day of______,
2017, by the County of Collin,
pursuant to Commissioners’ Court
Order No.____________________.
ATTEST: TOWN OF PROSPER, TEXAS
By: _____________________ By: _________________________
Name: Robyn Battle Name: Harlan Jefferson
Title: Town Secretary Title: Town Manager
Date: ____________________ Date: ________________________
Executed on behalf of the Town of
Prosper pursuant to Town Council
Resolution No._________________
APPROVED AS TO FORM:
By: ______________________
Name: Terrence S Welch
Title: Town Attorney
Date: ____________________
ATTEST: CITY OF CELINA, TEXAS
By: _____________________ By: _________________________
Name: Vicki Faulkner Name: Jason Laumer
Title: City Secretary Title: City Manager
Date: ____________________ Date:________________________
Executed on behalf of the City of
Celina pursuant to City Council
Resolution No._________________
APPROVED AS TO FORM:
By:______________________
Name:
Title: City Attorney
Date:____________________
Item 10