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06.12.18 Town Council Regular Meeting Packet Page 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. Presentations.  Presentation by Sandra Rybicki of the United States Postal Service regarding a post office site in Prosper. (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 – May 22, 2018 5b. Consider and act upon awarding CSP No. 2018-52-A to V&A Landscape and Lawn, at the unit prices proposed, to establish an annual fixed-price contract for Prosper Parkland and Right-Of-Way Maintenance; and authorizing the Town Manager to execute same. (MF) 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 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 Life Journey Church 104 W. Broadway Street, Prosper, Texas June 12, 2018 6:00 p.m. Page 2 of 3 item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7.Conduct a Public Hearing, and consider and act upon a request to rezone Planned Development-25 (PD-25) and Planned Development-39 (PD-39), on 1,364.1± acres, in order to divide PD-25 and PD-39 into new Planned Developments corresponding with current ownership, and allocating existing entitlements accordingly, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. (Z18-0001). (AG) 8.Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] (AG) 9.Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18-0001 and MD18-0003] (AG) DEPARTMENT ITEMS: 10.Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002 (AG) 11.Consider and act upon awarding RFP No. 2018-56-A to Pattillo, Brown & Hill, L.L.P., related to financial audit services; and authorizing the Town Manager to execute the engagement letter for same. (KN) 12.Consider and act upon ratifying the Town Manager’s signature on the Park Facilities Agreement between the Town of Prosper, Prosper Partners, LP (Developer) and Parks at Legacy Homeowners' Association, Inc. (HOA) for the Parks at Legacy, and execute the First Amendment to Park Facilities Agreement, between Prosper Villages at Legacy LLC, predecessor-in-interest to Prosper Partners, LP, a Texas limited partnership, the Parks at Legacy Homeowners Association, Inc. and the Town of Prosper, Texas, related to park dedication and park improvement fees for the Parks at Legacy. (PN) 13.Consider and act upon awarding Bid No. 2018-75-B, to RKM Utility Services, Inc., related to construction services for the Prosper Trail (Kroger to Coit Road) project; and authorizing the Town Manager to execute a construction agreement for same. (SG) 14.Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to an approximate 700 linear foot additional extension of Teel Parkway to serve the Inwood Tract. (HW) Page 3 of 3 15. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 15a. Section 551.087 – To discuss and consider economic development incentives. 15b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 15c. Section 551.071 – Consultation with the Town Attorney regarding legal issues associated with nonconforming uses of land, and all matters incident and related thereto. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Solid Waste Specifications for RFP (KN)  First Street Traffic Counts (HW)  US 380 ILA Street Lighting and Landscaping (HW) 18. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, June 8, 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 9 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:04 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Mike Korbuly Councilmember Kenneth Dugger Councilmember Jeff Hodges Council Members Absent: Councilmember Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Terrence Welch, Town Attorney Khara Sherrill, Administrative Assistant Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Dudley Raymond, Parks and Recreation Director Chuck Springer, Executive Director of Administrative Services Kelly Neal, Finance Director Leigh Johnson, IT Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Pro-Tem Vogelsang led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. The Fire Department’s Fill the Boot Campaign will take place tomorrow through Friday to raise money to benefit the Muscular Dystrophy Association. Firefighters will be at various intersections around town collecting donations. Early voting for the Runoff Election for Town Council Place 2 begins on June 4. Prosper residents who live in Collin County may vote in Prosper Municipal Chambers, and Denton MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, May 22, 2018 Item 5a Page 2 of 9 County residents may vote at Fire Station 2. Election Day is June 16. More information is available on the Town website. The Prosper Community Library Summer Kick-Off Event is on June 2 at 10:00 a.m. This year’s theme is “On The Move.” The event will include games, prizes, raffles and crafts for all ages, and participants are encouraged to sign up for the summer reading program. Registration is now open for Prosper’s Summer recreation programs, sports, and activity camps, including Magic Camp which incorporates music, theater, and performance skills. Sign up at www.ProsperParksandRec.org. The Prosper Town Council would like to congratulate the Prosper High School Class of 2018. This year’s senior class will celebrate their graduation on Saturday, May 26, at The Star in Frisco. Our best wishes to the 2018 graduates and their families for a safe and happy graduation celebration. Councilmember Korbuly announced that the Prosper Baseball Team continues their season with a home game this Thursday, and an away game in Cleburne on Friday night. Mayor Smith congratulated the Prosper soccer team that won their semifinal game in overtime after 11 shootout kicks. Deputy Mayor Pro-Tem Dixon congratulated the Prosper Lacrosse Team for reaching the state finals. 4. Presentations. • Present Certificate of Election to Jason Dixon, Town Council Place 6. (RB) Mayor Smith presented a Certificate of Election to Councilmember Dixon. • Present Certificates of Appreciation to members of the Temporary Board of the Town of Prosper Crime Control and Prevention District, and Fire Control, Prevention, and Emergency Medical Services District. (RB) Mayor Smith presented Certificates of Appreciation to Curry Vogelsang, Jr., Jeff Hodges, David Bristol, and Ken Seguin. 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 – May 8, 2018 • Special Called Meeting – May 14, 2018 5b. Receive the March Financial Report. (KN) Item 5a Page 3 of 9 5c. Receive the Quarterly Investment Report. (KN) 5d. Consider and act upon authorizing the Town Manager to execute a Bank Depository Service Agreement between Independent Bank and the Town of Prosper for the Town’s bank depository services. (KN) 5f. Consider and act upon authorizing the Construction Manager at Risk (CMAR) procurement method for the construction of the Town of Prosper Public Safety Complex, Phase 1 (Police Station and Dispatch) facility. (HW) 5g. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Korbuly removed Item 5e from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 5e. Consider and act upon awarding CSP No. 2018-45-A to Mercury Communications, Inc., for the purchase of a unified telephone communications system; and authorizing the Town Manager to execute a Contract for the Sale of Communication Equipment for the same. (LJ) IT Director Leigh Johnson responded to questions from Council. He stated that the current phone system, including technical support, is no longer being supported by the manufacturer, necessitating the purchase of a new system. After discussion, Councilmember Korbuly made a motion and Councilmember Dugger seconded the motion to award CSP No. 2018-45-A to Mercury Communications, Inc., for the purchase of a unified telephone communications system; and authorize the Town Manager to execute a Contract for the Sale of Communication Equipment for the same. The motion was approved by a vote of 6-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. 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 Item 5a Page 4 of 9 Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending Specific Use Permit-19 (S-19) for a Child Day Care Center (Alpha Montessori), on 2.4± acres, located on Legacy Drive, 500± feet north of Prairie Drive. The property is zoned Planned Development-65-Single Family (PD-65) and Specific Use Permit (S-19). (S18-0002). (AG) Planning Manager Alex Glushko presented this item before the Town Council. Specific Use Permit-19 for Alpha Montessori was approved by the Town Council on February 28, 2017. The purpose of the amendment is to reduce the size of the Day Care Center from 13,700 square to 10,273 square feet, which reduces the number of students from 190 to 186. The proposed number of parking spaces will not be reduced, and the amount of outdoor play are has been increased from 12,374 to 13,325 square feet. Exhibit C has been revised to include a masonry screening wall with large shade trees along the western property line. The revised Exhibit D shows the proposed changes to the building elevations, which includes the removal of the taller indoor recreation area, which lowered the overall building elevations; and additional stone to wrap the metal support posts on the entrance canopy. Kevin Patel, the applicant, noted that the facility would be the third Alpha Montessori location in the area, with the other two located in Frisco and Plano. He stated that the proposed amendment to the SUP resulted from the discovery that the existing floorplan was not designed efficiently. Council expressed a preference for more articulation on the building, and more windows. The applicants agreed to the request. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Dugger made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve Ordinance No. 18-35 to amend Specific Use Permit-19 (S-19) for a Child Day Care Center (Alpha Montessori), on 2.4± acres, located on Legacy Drive, 500± feet north of Prairie Drive, and the elevations shall be amended to reflect the addition of three windows to the tower over the entryway and to the East elevation the addition of dormers in stone. The motion was approved by a vote of 6-0. 8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing (Lot 3), on 1.0± acre, located on the north side of US 380, 700± feet west of Gee Road. The property is zoned Commercial (C). (S18-0003). (AG) 9. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing (Lot 5), Item 5a Page 5 of 9 on 2.2± acres, located on the north side of US 380, 1,000± feet west of Gee Road. The property is zoned Commercial (C). (S18-0004). (AG) Mayor Smith opened Items 8 and 9 concurrently. Planning Manager Alex Glushko presented this item before the Town Council. The purpose of this request is to allow for restaurants with drive-through service on Lots 3 and 5. If approved, the request would allow for a total of three restaurants with drive-through service in the development. Lot 2 of the same development has already received approval for a drive-through restaurant. Specific Use Permit requests typically include conceptual elevations and a landscape plan in conjunction with the application. At this time, the proposed user is not known; therefore, staff recommends that the required Site Plan, Façade Plan, and Landscape plan require approval by Town Council, subject to recommendation by the Planning & Zoning Commission. The proposed tenant for Lot 5 is Rosa’s Café. The tenant for Lot 3 has not yet been identified. Kevin Weir, Spiars Engineering, spoke on behalf of the applicant. Once the preliminary site plan has been approved by the Planning & Zoning Commission, it will be brought before the Town Council for approval. The new site plan will memorialize the new restriction of a total of three drive-through restaurants. Mr. Weir noted that the use for Lot 4 has not yet been identified. Mayor Smith opened the Public Hearings for Items 8 and 9 concurrently. With no one speaking, Mayor Smith closed the Public Hearings. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to approve Ordinance 18-36 for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing (Lot 3), on 1.0± acre, located on the north side of US 380, 700± feet west of Gee Road subject to Town Council approval of the Site Plan, Façade Plan, and Landscape Plan. The motion was approved by a vote of 5-1, with Mayor Pro-Tem Vogelsang casting the opposing vote. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-37 for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing (Lot 5), on 2.2± acres, located on the north side of US 380, 1,000± feet west of Gee Road subject to Town Council approval of the Site Plan, Façade Plan, and Landscape Plan. The motion was approved by a vote of 6-0. 10. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through, in Windsong Ranch Marketplace (Panera Bread), on 1.2± acres, located on the north side of US 380, 500± feet west of Windsong Parkway. The property is zoned Planned Development-40 (PD-40). (S18-0005). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of this request is to allow for a restaurant (Panera Bread) with drive-through service. The proposed layout consists of a one-story, 4,391 square foot building with drive-through service. Item 5a Page 6 of 9 Mayor Smith opened the Public Hearing With no one speaking, Mayor Smith closed the Public Hearing. Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 18-38 for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Windsong Ranch Marketplace (Lot 13), on 1.2± acres, located on the north side of US 380, 500± feet west of Windsong Parkway. The motion was approved by a vote of 6-0. 11. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Section 1 “Use of Land and Buildings,” and Section 2 “Definitions,” of the Zoning Ordinance, regarding Home Occupation, Child Care Centers, Household Care Facilities, and Community Homes. (Z17-0015). (AG) Planning Manager Alex Glushko presented this item before the Town Council. At the March 13, 2018, Town Council meeting, Town staff presented proposed amendments to the existing ordinance, and received feedback from the Town Council. Town staff has prepared a draft ordinance that includes the following changes to the previously presented amendments to the Home Occupation, Child Care Center, Household Care Facility, and Community Home regulations: 1. Permitting one non-resident employee who may regularly visit the home for business related to a home occupation; and 2. Providing for a definition of a business-related vehicle. Mr. Glushko reviewed the details of the proposed ordinance, and responded to questions from the Town Council regarding home occupations. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Town staff and the Town Council discussed potential enforcement issues with the ordinances, and how the proposed ordinance would affect existing home-based businesses. After discussion, Councilmember Dugger made a motion and Councilmember Hodges seconded the motion to approve Ordinance No. 18-39 amending Chapter 3, Section 1 “Use of Land and Buildings,” and Section 2 “Definitions,” of the Zoning Ordinance, regarding Home Occupation, Child Care Centers, Household Care Facilities, and Community Homes. The motion was approved by a vote of 6-0. 12. Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] (AG) Mayor Smith opened Items 12, 13, and 14 concurrently. Item 5a Page 7 of 9 13. Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18- 0001 and MD18-0003] (AG) DEPARTMENT ITEMS: 14. Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002 (AG) The applicant has requested Items 12, 13, and 14 be tabled to the June 12, 2018, Town Council meeting. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to table Items 12, 13, and 14 to the June 12, 2018, Town Council meeting. The motion was approved by a vote of 6-0. 15. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget). (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed budget amendment will provide funding for the hire of an additional Building Inspector II, effective August 1, 2018, to meet additional demand for building inspections. The Town will continue to utilize the services of Bureau Veritas for large commercial projects. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-40 amending Ordinance No. 17-65 (FY 2017-2018 Budget) to provide funding increase expenditures in the General Fund associated with hiring a Building Inspector II. The motion was approved by a vote of 6-0. 16. Discussion on West Prosper Park Land Study. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The Town has engaged Cardinal Strategies Engineering Services, LLC., to provide engineering services to investigate potential reclamation along Doe Branch Mainstem for the purpose of evaluating the ability to develop sports fields within the area (i.e. West Prosper Park Land). Thomas Caffarel from Cardinal Strategies addressed the Council and provided additional details on the study. Cardinal Strategies developed an exhibit showing the 100-year, 50- year and 25-year floodplain, and areas that could be reclaimed within the Doe Creek Branch Mainstem north of US 380. Mr. Raymond concluded the presentation by stating that reclamation of the floodplain, while possible in some areas, would still be subject to periodic flooding. Town staff recommended that the area be considered for practice fields in the future; however, it is not recommended to be used for game fields. No further action was taken. Item 5a Page 8 of 9 17. 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: 17a. Section 551.087 – To discuss and consider economic development incentives. 17b. 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 7:39 p.m. 18. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:10 p.m. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute an Economic Development Agreement with Northeast 423/380, Ltd., and Northwest 423/380, L.P. The motion was approved by a vote of 6-0. 19. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Park Sponsorship Policy (DR) Dudley Raymond presented this item before the Town Council. The Parks and Recreation Board has been discussing a sponsorship/naming rights policy for Parks and Recreation facilities and items. Town staff will return to a future Council meeting with a proposed policy for donations/sponsorships by individuals and corporations. The Board and Town staff will take several factors into account when developing the policy, including the life expectancy of the donated item, ongoing maintenance costs, the benefits to the Town, and the architectural and aesthetic appeal. The Council would prefer to retain the right to approval naming rights for larger donations, facilities, and parks. Responding to a question from the Council regarding the Town’s agreement with Cedarbrook Media for the Pride in the Sky event, Mr. Raymond clarified that while the Town provides a cash sponsorship intended to pay for fireworks, it is not necessarily the sole sponsor for fireworks at the event. • Town Hall Contingency (HW) Hulon Webb, Executive Director of Development and Community Services, updated the Council on the remaining owner’s contingency for the Town Hall/Multi-Purpose Facility project, which is currently approximately $189,000. Town staff is requesting flexibility to allow the Town Manager to execute any Change Orders for unanticipated project costs, to prevent any delay to the July 4 substantial completion date. Any Item 5a Page 9 of 9 Change Orders exceeding $25,000 would be brought before Council at the following meeting to be ratified. Mr. Webb provided an update on the timeline for several downtown improvement projects. 20. Adjourn. The meeting was adjourned at 9:23 p.m., on Tuesday, May 22, 2018. These minutes approved on the 12th day of June 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: Matt Furr, Parks Superintendent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Consider and act upon awarding CSP No. 2018-52-A to V&A Landscape and Lawn, at the unit prices proposed, to establish an annual fixed-price contract for Prosper Parkland and Right-Of- Way Maintenance; and authorizing the Town Manager to execute same. Description of Agenda Item: The Town developed specifications, and solicited proposals for the maintenance of parkland and rights-of-way located within the Town of Prosper. Services to be performed vary by location and include: mowing, trimming, edging, and scalping. The initial term of the contract will be one year, with four optional one-year renewal periods. A Notice to Proposers was advertised, and two proposals were received by the due date and time (March 23, 2018, at 2:00 p.m.). An evaluation committee consisting of representatives from Parks & Recreation evaluated the proposals, based on cost, equipment, staffing, work history and references, and the provider's overall ability to meet the Town's needs. After completion of the evaluation process, staff recommends award to V&A Landscape and Lawn, the best value proposal. V&A Landscape and Lawn is the Town's current service provider, and has performed excellent service. V&A Landscape and Lawn proposed an annual base maintenance price of $154,310.00. Additionally, the contract includes pricing for optional and alternate services and locations, to be used on an as-needed basis only. These additional services include servicing optional properties, push mowing, tree services, irrigation system repairs, chemical applications, etc. Budget Impact: The estimated amount for the annual base maintenance services under this contract is $154,310.00, and will be funded by 100-5480-60-02 Contracted Services for Parks Operations. The original budget was $153,000.00, the additional $1,310.00 was transferred from 100-5355- 60-02 Chemical / Fertilizer to fund the full contract amount. Optional and alternate services will be utilized on an as-needed basis, and as available budget funds allow. Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Contract for Services as to form and legality. Prosper is a place where everyone matters. PARKS AND RECREATION Item 5b Page 2 of 2 Attached Documents: 1. Proposal Summary 2. Evaluation Matrix 3. Contract for Services Town Staff Recommendation: Town staff recommends approval of the award of CSP No. 2018-52-A to V&A Lawn Service, at the unit prices proposed, to establish an annual fixed-price contract for Prosper Parkland and Right-Of-Way Maintenance; and authorizing the Town Manager to execute same. Proposed Motion: I move to approve the award of CSP No. 2018-52-A to V&A Lawn Service, at the unit prices proposed, to establish an annual fixed-price contract for Prosper Parkland and Right-Of-Way Mai ntenance; and authorize the Town Manager to execute same. Item 5b SUMMARY CSP NO. 2018-52-A TOWN OF PROSPER PARKLAND AND RIGHT-OF-WAY MAINTENANCE Due Date/Time: March 23, 2018 @ 2:00 p.m. Total Submissions: 2 Respondents: V&A Landscape and Lawn Weldon’s Lawn and Tree LLC All submissions received for the designated solicitation are reflected in this summary. However, the listing of a submission on this summary shall not be construed as a comment on the responsiveness of such submission, or as any indication that the Town accepts such submission as being responsive. The Town will make a determination as to the responsiveness of the submission based upon compliance with the requirements of the SOQ, all applicable laws, and purchasing guidelines. The agency will notify the successful firm upon award of the contract. No further information will be released during the evaluation process. Certified By: January M. Cook, CPPO, CPPB Date: March 23, 2018 Purchasing Agent Town of Prosper Item 5b CSP No. 2018-52-A EVALUATION MATRIX EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Equipment 15%9.00 1.35 5.00 0.75 Staffing 20%9.00 1.80 5.67 1.13 Work History and References 20%10.00 2.00 5.00 1.00 Ability to Meet Town's Needs 15%9.00 1.35 3.67 0.55 Cost 30%6.76 2.03 10.00 3.00 TOTAL 100%8.53 6.43 Town of Prosper Parkland and Right-Of-Way Maintenance V&A LANDSCAPE AND LAWN WELDON'S LAWN AND TREE LLC Item 5b TOWN OF PROSPER CONTRACT FOR SERVICES BID NO. 2018-52-A This Contract is made by the Town of Prosper, Texas, a municipal corporation (“Town”) and V&A Landscape and Lawn. (“Contractor”). The Town and Contractor agree: 1.EMPLOYMENT OF THE CONTRACTOR. The Town agrees to retain the Contractor, and the Contractor agrees to provide services relative to: Town of Prosper Parkland and Right-Of-Way Maintenance (hereinafter referred to as “Services”) in connection with the terms and conditions as set forth in Exhibit A, attached hereto and incorporated by reference. 2.SCOPE OF SERVICES. The Services to be performed are specified in Exhibit A. Deviations from the scope of work may be authorized from time to time by the Town in writing. 3.SCHEDULE OF WORK. The Contractor agrees to begin work upon receipt of written authorization from the Town. Time is of the essence for this Contract and work is to commence immediately. 4.CONTRACT PERIOD. The contract period is for twelve (12) months from date of award of contract. All pricing is to remain firm during the contract period. The contract is renewable for up to four (4) additional one-year terms on an annual basis, if written notice of the intent to renew is provided to either party not less than sixty (60) days prior to the termination date. 5.COMPENSATION. Contractor’s total compensation for services to be performed and expenses to be incurred is specified in Exhibit A. 6.PAYMENTS. Payments will be processed on a monthly basis with payment available within thirty (30) days after receipt of the invoice for the previous month’s service or as set forth in Exhibit A. 7.INVOICING. Invoices should be prepared and submitted to the Town for payment in accordance with Exhibit A. Invoices should be mailed to Accounts Payable, Town of Prosper, P.O. Box 307, Prosper, TX 75078, or emailed to accounts_payable@prospertx.gov. 8.RIGHTS OF WITHHOLDING. The Town may withhold any payment or partial payment otherwise due the Contractor on account of unsatisfactory performance by the Contractor. The amount to be withheld will be calculated based on the work not performed and the impact to the Town. Any payment or partial payment that may be withheld for unsatisfactory performance can be used to remedy the lack of performance and will not be paid to the Contractor. Item 5b 9. INFORMATION PROVIDED BY THE TOWN. Although every effort has been or will be made to furnish accurate information, the Town does not guarantee the accuracy of information it furnishes to Contractor. 10. INSURANCE. The Contractor shall provide proof that it has obtained and will continue to maintain throughout the duration of the Contract the insurance requirements set forth in Exhibit A. Failure to maintain the required insurance may result in immediate termination of the Contract. 11. INDEMNIFICATION. As specified in Exhibit A. 12. TRANSFER OF INTEREST. Neither Town nor Contractor may assign or transfer their interests in the Contract without the written consent of the other party. Such consent shall not be unreasonably withheld. This Contract is binding on Town, Contractor, and their successors and assigns. Nothing herein is to be construed as creating a personal liability on the part of any Town officer, employee or agent. 13. AUDITS AND RECORDS. At any time during normal business hours and as often as the Town may deem necessary, the Contractor shall make available to the Town for examination all of its records with respect to all matters covered by the Contract and will permit the Town to audit, examine and make copies, excerpts, or transcripts from such records. The Town may also audit all contracts, invoices, payroll records of personnel, conditions of employment and other data relating to the Contract. 14. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, national origin, disability or any other protected characteristic. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin, disability or any other protected characteristic. Such actions shall include, but not be limited to the following: employment, promotions, demotion, transfers, recruitment or recruitment advertising, layoffs, terminations, selection for training (including apprenticeships), and participation in recreational activities. The Contractor agrees to post in conspicuous places, accessible to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Item 5b The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, except that the foregoing provisions shall not apply to contracts or subcontracts for customary office supplies. The Contractor shall keep records and submit reports concerning the racial and ethnic origin(s) of applicants employment and employees as the law may require. 15. TERMINATION OF CONTRACT. Town may terminate this Contract upon sixty (60) days written notice to Contractor, except in the event (i) Contractor is in breach of this Contract or (ii) Contractor fails to comply with the terms of Exhibit A. If either of the foregoing conditions exists, Town shall notify Contractor and Contractor shall be given two (2) days to cure such breach or failure to comply. Should Contractor fail to cure to the satisfaction of the Town, Town may terminate this Contract upon written notice. Furthermore, the Town retains the right to terminate this Contract at the expiration of each Town budget period (September 30) during the term of this Contract, even without prior notice as described in the preceding sentence. In the event of any termination hereunder, the Contractor consents to Town’s selection of another Contractor to assist the Town in any way in completing the Services. Contractor further agrees to cooperate and provide any information requested by Town in connection with the completion of the Services. Contractor shall be compensated for Services performed and expenses incurred for satisfactory work up to the termination date in that Contractor shall receive a portion of fees and expenses permitted under this Contract in direct proportion to percentage of work actually completed up to the termination date. This provision shall not deprive the Town of any remedies against Contractor that may be available under applicable law. 16. CONTRACTOR’S REPRESENTATIONS. Contractor hereby represents to Town that Contractor is financially solvent and possesses sufficient experience, licenses, authority, personnel, and working capital to complete the Services required. 17. TOWN APPROVAL FOR ADDITIONAL WORK. No payment, of any nature whatsoever, will be made to Contractor for additional work without the Town’s written approval before such work begins. 18. PERFORMANCE BY CONTRACTOR. All Services provided by the Contractor hereunder shall be performed in accordance with the highest professional standards and in accordance with Exhibit A, and Contractor shall be responsible for all Services provided hereunder whether such services are Item 5b provided directly by Contractor or by any subcontractors hired by Contractor. The Contractor shall perform all duties and Services and make all decisions called for hereunder promptly and without unreasonable delay. Contractor shall not utilize subcontractors to perform Services without the Town’s prior written consent. 19. DAMAGE. In all instances where Town property and/or equipment is damaged by the Contractor’s employees, a full report of the facts, extent of the damage and estimated impact on the Contractor’s schedule shall be submitted to the Town by 8 a.m. of the following Town business day after the incident. If damage may result in further damages to the Town or loss of town property, the Contractor must notify Police Dispatch immediately. The Contractor shall be fully liable for all damage to Town property or equipment caused by the Contractor’s officers, employees or agents. 20. TOWN OBJECTION TO PERSONNEL. If at any time after entering into this Contract, Town has any reasonable objection to any of Contractor’s personnel, or any personnel retained by Contractor, then Contractor shall promptly propose substitutes to whom the Town has no reasonable objection, and the Contractor’s compensation shall be equitably adjusted to reflect any difference in the Contractor’s costs occasioned by such substitution. 21. COMPLIANCE WITH LAWS. The contractor warrants and covenants to the Town that all Services will be performed in compliance with all applicable federal, state, county and Town laws, rules, and regulations including, but not limited to, the Texas Industrial Safety and Health Act and the Workers Right- to-Know Law. All necessary precautions shall be taken to assure that safety regulations prescribed by OSHA and the Town’s representative are followed. 22. NON-BINDING MEDIATION. In the event of any disagreement or conflict concerning the interpretation of this Contract, and such disagreement cannot be resolved by the Town and the Contractor, the Town and Contractor agree to submit such disagreement to non-binding mediation. 23. ENTIRE CONTRACT. This instrument together with Exhibit A attached hereto contains the entire Contract between the Town and Contractor concerning the Services. There will be no understandings or contracts other than those incorporated herein. The Contract may not be modified except by an instrument in writing signed by the parties hereto. In the event of a conflict between an attachment to this Contract and this Contract, this Contract shall control. Item 5b 24. MAILING ADDRESSES. All notices and communications concerning this Contract to be mailed or delivered to the Town shall be sent to the address of the Town as follow, unless and until the Contractor is otherwise notified: January M. Cook, CPPO, CPPB Purchasing Agent Town of Prosper P.O. Box 307 Prosper, TX 75078 january_cook@prospertx.gov All notices and communications under this Contract to be mailed or delivered to the Contractor shall be sent to the address listed below until the Town is otherwise notified: Vincenzo Pascale Owner V&A Landscape and Lawn 8287 Falcon Ct. Prosper, TX 75078 valandscapeandlawn@gmail.com Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date in the notice or communication is placed in the United States Mail or hand- delivered. 25. LEGAL CONSTRUCTION. If any one or more of the provisions contained in the Contract for any reason is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been included. 26. GOVERNING LAW. The validity of this Contract and any of its terms or provisions as well as the rights and duties hereunder, shall be governed by and construed in accordance with Texas law. Venue for this Contract shall be located in Collin County, Texas. 27. COUNTERPARTS. The Contract may be signed in counterparts, each of which shall be deemed to be an original. 28. EFFECTIVE DATE. This Contract shall be effective once it is signed by the Town and Contractor. Item 5b AGREED TO BY: V&A LANDSCAPE AND LAWN TOWN OF PROSPER, TEXAS By:_________________________ By:_____________________________ Vincenzo Pascale Harlan Jefferson Owner Town Manager Date:________________________ Date:___________________________ Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Item 5b Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 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 Plans that were acted on by the Planning & Zoning Commission at their June 5, 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 Prosper Trails Office Center 2.Preliminary Site Plan for Prosper West 3.Site Plan for Legacy Gardens Amenity Center 4.Site Plan for Panera Bread (Windsong Ranch Marketplace) 5.Site Plan for Windsong Ranch Crystal Lagoon 6.Site Plan for World Wide Rock Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Prosper Trails Office Center Preliminary Site Plan Southwest corner of Prosper Trail and Coit Road 35,583 square feet total (7 buildings) Medical / General Office Unknown Prosper West Preliminary Site Plan Northwest corner of US 380 and Dallas Parkway 3,000,000± square feet Urban Multifamily, Hotel, Conference Center, Entertainment, Restaurant, Retail, Office, Structured Parking, Open Space Unknown Prosper is a place where everyone matters. PLANNING Item 5c Page 2 of 2 Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Legacy Garden Amenity Center Site Plan Northwest corner of Beverly Drive and Wynn Avenue 4,908 square feet Amenity Center N/A Panera Bread Site Plan North side of US 380, 500± feet west of Windsong Parkway 4,391 square feet Restaurant with Drive-Through Panera Bread Windsong Ranch Crystal Lagoon Site Plan Northeast corner of Windsong Parkway and Pepper Grass Lane 3,780 square feet total (2 buildings) Amenity Center N/A World Wide Rock Site Plan East side of Cook Lane, 300± feet south of Prosper Trail 26,200 square feet total (2 buildings) Office, Warehouse, and Open Storage World Wide Rock Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Item 5c Vicinity Map Sheet 1 of 2 PRELIMINARY SITE PLAN PROSPER TRAILS OFFICE CENTER BLOCK A, LOTS 1-7 4.153 Acres SITUATED IN THE WILLIAM BUTLER SURVEY ~ ABST. 112 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale: 1" = 40' May, 2018 SEI Job No. 18-087 OWNER / APPLICANT Mike Fazeli 17916 Hillcrest Road Dallas, Texas 75252 Telephone (214) 957-2764 ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: David Bond Case No. - D18-0044 Lot 1, Block A 23,263 Sq. Ft./0.534 Ac. Lot 2, Block A 24,297 Sq. Ft./0.558Ac. Lot 3, Block A 26,087 Sq. Ft./0.599 Ac. Lot 4, Block A 17,410 Sq. Ft./0.400 Ac. Lot 5, Block A 17,486 Sq. Ft./0.401 Ac. Lot 6, Block A 23,090 Sq. Ft./0.530 Ac. Lot 7, Block A 49,292 Sq. Ft./1.132 Ac. Item 5c Sheet 2 of 2 PRELIMINARY SITE PLAN PROSPER TRAILS OFFICE CENTER BLOCK A, LOTS 1-7 4.153 Acres SITUATED IN THE WILLIAM BUTLER SURVEY ~ ABST. 112 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Scale: 1" = 40' May, 2018 SEI Job No. 18-087 OWNER / APPLICANT Mike Fazeli 17916 Hillcrest Road Dallas, Texas 75252 Telephone (214) 957-2764 ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: David Bond Case No. - D18-0044 Item 5c R30' R. O . W . P A R C E L 4 0 - 1 DO C . N O . 2 0 0 6 0 3 1 3 0 0 0 3 2 4 8 5 0 OHE OHE OHE 38 0 B U S I N E S S C E N T E R L T D E T A L DO C . N O . 2 0 1 3 0 5 0 6 0 0 0 6 1 2 6 7 0 O. P . R . C . C . T . OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE S S S S SS S S S S S S S SS S S S S S SSS S S S S F L F L F L F L F L F L F L F L FL FL FL F L F L F L F L FL FL F L F L F L FL FL FL FL F L F L FL FL FL FL FL FL FL F L FL FL FL FL FL FL F L F L F L F L F L FL FL FL F L F L FL F L F L FL FL FL F L FL FL F L FL F L F L F L F L F L F L FL F L FL FL FL F L F L FL 6 11 6 7 7 6 7 7 7 9 15 12 5 3 7 6 7 1012 13 12 5 7 6 22 9 11 14 9 16 7 7 16 14 6 14 7 10 12 8 8 9 5 5 5 6 8177 7 5 5 8 8 14 10 6121210 13 14 14 10 10 6 2 10 9 5 6 9 8 4 4 8 9 8 3 3 8 9 6 8 2 4 4 7 8 5 5 6 8 14 12 12 8 9 9 8 6 10 9 5 10 9 13 2 15 15 12 13 15 12 2 9 911 2 12 15 14 12 14 8 14 13 5 5 V V V V V V V V V V V V V V 13 V V V V V V 12 11 1112 12 12 15 16 16 14 12 11 12 1 4 14 11 12 15 V V V 3 5 8 5 5 V V V U. S. HIGHWAY NO. 380 (VARIABLE WIDTH RIGHT-OF-WAY) DA L L A S P A R K W A Y (V A R I A B L E W I D T H R I G H T - O F - W A Y ) 35'52'23' 64'23'80' 89' 24' 100'330' 9 ' 75' WATER TRANSMISSION PIPELINE EASEMENT VOL. 4930, PG. 3236 D.R.C.C.T. 15' WATER EASEMENT INST. NO. 20121030001379480 D.R.C.C.T. 20' TEMPORARY CONSTRUCTION EASEMENT INST. NO. 20121030001379450 D.R.C.C.T. DRAINAGE EASEMENT INST. NO. 20070622000861380 D.R.C.C.T. AVENUE "A" - 89' ROW AVENUE "B" - 89' ROW AVENUE "C" - 65' ROW AV E N U E " F " - 8 9 ' R O W AV E N U E " G " - 8 9 ' R O W 43 ' 24 ' 43 ' 29 0 ' 120'30' 31 8 ' 162' 100' 12'89'11' 60'18'62'31'89'11'324'23' 11' 89'181'89'11' 24 ' 45 ' N0°10'50"E 1582.3' N89°55'21"W 577.1' N87°26'20"W 100.2' S89°59'06"W 737.6' S0°25'25"E 523.3' S0°25'25"E 329.4' ∆=4°59'59" R=11659.16' L=1017.41' CB=S2°04'35"W C=1017.09' 60' 60° TYP. 21 20'16'60'40'60'18'44' BLOCK F LOT 1 4.87 ACRES RETAIL 12,600 SF 1 STORY RETAIL 24,100 SF 1 STORY BLOCK G LOT 1 5.89 ACRES BLOCK H LOT 1 5.99 ACRES GARAGE 585 SPACES 11 ADA SPACES INTERNAL DUMPSTER 5 LEVELS EN T E R T A I N M E N T 58 , 0 0 0 S F 2 S T O R I E S GARAGE 890 SPACES 13 ADA SPACES 5 LEVELS BLOCK B LOT 1 8.07 ACRES BLOCK E LOT 1 4.88 ACRES GARAGE 600 SPACES 10 ADA SPACES INTERNAL DUMPSTER 5 LEVELS RETAIL 5,400 SF 1 STORY RESTAURANT 1,850 SF RETAIL 5,550 SF (75%) 1 STORY RE S T A U R A N T 6, 1 7 5 S F 1 S T O R I E S RE S T A U R A N T 2, 6 0 0 S F RE T A I L 2, 8 0 0 S F RESTURANT 3,600 SF 1 STORY OFFICE ±230,400 SF 8 STORIES BLOCK A LOT 1 6.02 ACRES RESTURANT 3,600 SF 1 STORY RE T A I L 1 1 , 3 6 0 S F ( 7 1 % ) 1 S T O R Y RE S T A U R A N T 4 , 6 4 0 S F 1 S T O R Y BLOCK D LOT 1 1.29 ACRES RESTURANT 3,600 SF 1 STORY RETAIL 5,400 SF 1 STORY RETAIL 3,600 SF 1 STORY RE S T A U R A N T 4, 0 0 0 S F 1 S T O R Y BLOCK C LOT 1 6.18 ACRES GARAGE 600 SPACES 11 ADA SPACES INTERNAL DUMPSTER 4 LEVELS RETAIL/RESTAURANT: 6) AMENITY: 6) GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 8,535 SF REMAINING MULTIFAMILY: 6) 4 STORIES 332 UNITS RE T A I L 1 1 , 3 6 0 S F ( 7 1 % ) 1 S T O R Y RE S T A U R A N T 4 , 6 4 0 S F 1 S T O R Y 22'24'10' 60° 60° 10' 12.5' 64' 12.5' 60° 60° 20'9' 89 ' R O W TW O P O I N T S O F A C C E S S I N A 1 0 ' W I D E 2- H R R A T E D C O R R I D O R S H A L L B E PR O V I D E D T O C O U R T Y A R D TW O P O I N T S O F A C C E S S I N A 1 0 ' WI D E 2 - H R R A T E D C O R R I D O R S H A L L BE P R O V I D E D T O C O U R T Y A R D 20' 24 ' 89 ' 20' 20' 89' 89 ' 24' 40 ' 20' 24 ' 20'40' 9' 24 ' R30'R30'R30'R30' R25' R25' R30' R30' R30' R30'R30' R30'R30' R30'R30' R30'R30' R30'R30'R30'R30' R30' R30' R30'R30' R30' R30' R30' R30'R30' R30' R30' R30' R30'R30' R30' R30' R12' R12' R30'R30' R30' R30' R30' R30' R30' RE S T A U R A N T 4, 0 0 0 S F 1 S T O R Y 20' R30' R30' R30' R30' R30' R30' 20' 24 ' 20' OPEN SPACE FH FDCFDC FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FDC FDC FDC FDC FDC FH FH FH FH FDC FDC FH FDC FDC FDC FDC FDC FDC FDC FDC FDC FH FDC 73' DETENTION POND 150' MSW PROSPER 380, LP INST. NO. 20130102000003130 O.P.R.C.C.T. RETAIL/RESTAURANT: 6) AMENITY: 6) GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 4,943 SF REMAINING MULTIFAMILY: 6) 4 STORIES 346 UNITS 300' 10' 10 . 5 ' DE C E L L A N E AV E N U E " E " - 5 3 ' R O W AVENUE "I" - 86' ROW AV E N U E " H " - 8 6 ' R O W 24 ' 10' 10 ' 16 ' 24' RESTAURANTS TO USE DUMPSTER ON BLOCK D FH FH FH FH FH FH FH FH FDC FH FDC AV E N U E " E " - 4 9 ' R O W 11' 30' FRONT YARD SET BACK GROUND LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH 10' FRONT YARD SET BACK 10' BUILDING SET BACK 30' FRONT YARD SET BACK 10' FRONT YARD SET BACK 30' FRONT YARD SET BACK DUMPSTER LOADING ZONE (DUMPSTER IS INTERNAL TO THE GARAGE) DUMPSTER LOADING ZONE (DUMPSTER IS INTERNAL TO THE GARAGE) DUMPSTER LOADING ZONE SKYBRIDGE CROSSING (SEE NOTE 25) GROUND-LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH GROUND LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH GROUND LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH AMENITY AMENITY RETAIL/ RESTAURANT RETAIL/ RESTAURANT 8' SIDEWALK (5' OFF BOC) 8' SIDEWALK (MEANDERING) 8' SIDEWALK (MEANDERING) 5.5' STREET EASEMENT 3.5' STREET EASEMENT 3' STREET EASEMENT 3' STREET EASEMENT 3' STREET EASEMENT 10'BUILDING SETBACK 10'BUILDING SETBACK 10'BUILDING SETBACK 30' BUILDING AND LANDSCAPE SETBACK 30' BUILDING AND LANDSCAPE SETBACK R30' R44' R30' R30' R30'R30' R30' RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS FH FH FH FH FH FHFH FH FH FH FH FH FDC FH R30' FH DRIVE FOR FOOD TRUCKS 24 0 ' FH S S S S SSS S S S S S S FL FL FL FL FL FL FL F L F L F L FL FL FL FL F L F L F L F L FL FL 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 7 6 3 3 3 3 3 3 3 3 V 2 22 2 4 4 8 8 5 BLOCK I LOT 1 5.75 ACRES BLOCK H LOT 1 5.99 ACRES GARAGE 200 SPACES 11 ADA SPACES ±68,000 SF 2 LEVELS HO T E L ± 1 3 4 , 8 8 0 S F 8 S T O R I E S 20 0 K E Y S GARAGE 680 SPACES 18 ADA SPACES ±244,800 SF 4 LEVELS OFFICE ±201,600 SF 8 STORIES RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS FH OFFICE PARK DISTRICT DOWNTOWN DISTRICT FHFDC FH FH FH FH FH FDC FH OFFICE PARK DISTRICT RE T A I L ± 1 3 , 0 0 0 S F 1 S T O R Y OFFICE ±108,500,000 SF 4 LEVELS FDC FH FH FDC FDC FDC FDC (2) FH FH FH DOWNTOWN DISTRICT FH FH FH FH BY DA T E AS S H O W N RE V I S I O N S No . DA T E SHEET NUMBER CH E C K E D B Y SC A L E DE S I G N E D B Y DR A W N B Y KH A P R O J E C T 26 0 E A S T D A V I S S T R E E T , S U I T E 1 0 0 , M C K I N N E Y , T X 7 5 0 6 9 PH O N E : 4 6 9 - 3 0 1 - 2 5 8 0 F A X : 9 7 2 - 2 3 9 - 3 8 2 0 WW W . K I M L E Y - H O R N . C O M T X F - 9 2 8 AM L CA A J C R LA S T S A V E D 5 / 3 1 / 2 0 1 8 1 2 : 4 7 P M PL O T T E D B Y A R M S T R O N G , C H R I S 5 / 3 1 / 2 0 1 8 1 2 : 4 8 P M DW G P A T H K : \ M K N _ C I V I L \ 0 6 7 2 8 6 0 1 5 - P R O S P E R W E S T \ _ P R E L I M I N A R Y S I T E P L A N P A C K A G E DW G N A M E P R E L I M I N A R Y S I T E P L A N . D W G , [ P S P ] IM A G E S XR E F S x B o r d e r 2 4 x 3 6 : x B n d y : x S i t e - P S P : x f r o n t a g e r o a d s : 2 0 1 8 0 2 1 3 x h a r d : x u t i l - p s p : x e x u t i l : x s u r v : x d n t : x h a r d - p s p PR O S P E R W E S T TO W N O F P R O S P E R , T E X A S © 2 0 1 8 K I M L E Y - H O R N A N D A S S O C I A T E S , I N C . 05 / 3 0 / 2 0 1 8 06 7 2 8 6 0 1 9 Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date100472 JOSEPH C. RICCARDI 05/30/2018 PSP-1 PR E L I M I N A R Y S I T E P L A N BLOCK A, LOT 1 1 STORY RETAIL ±15,400 GSF 1 STORY RESTAURANT ±13,400 GSF 8 STORY OFFICE ±230,400 GSF FAR: 0.99:1 LOT COVERAGE: 22% WIDTH: 400' DEPTH: 650' INTERIOR LANDSCAPING REQUIRED: 2360 SF INTERIOR LANDSCAPING PROVIDED: 2360 SF PARKING REQUIRED: 971 SP 15,400 SF RETAIL/(250)=62 SP 13,400 SF REST/(100)=134 SP 230,400 SF OFFICE/(350)=659 SP HANDICAP REQUIRED: 23 PARKING PROVIDED: 117 117 SURFACE HANDICAP PROVIDED: 12 (MORE PROVIDED IN GARAGE ON BLOCK B)ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND CARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. DRIVEWAYS OFF OF U.S. 380 SHALL BE APPROVED BY TxDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TxDOT. 22. ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 23. A MINIMUM OF 75% OF THE FIRST FLOOR NON-RESIDENTIAL SQUARE FOOTAGE OF BUILDINGS CONTAINING RESIDENTIAL UNITS SHALL HAVE CERTIFICATES OF OCCUPANCY ISSUED FOR THEM PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR AN ADDITIONAL PHASE OF RESIDENTIAL UNITS SUBSEQUENT TO THE FIRST PHASE. 24. THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT SHALL CONSIST OF NO LESS THAN 600 UNITS AND NO GREATER THAN 1,200 UNITS. THIS FIRST PHASE SHALL BE CONSTRUCTED WITHIN THE DOWNTOWN SUB-DISTRICT. 25. SKYBRIDGE CLEARANCE WILL BE PER CODE AND SUBJECT TO LICENSE AGREEMENT WITH THE TOWN. 26. ALL LANDSCAPE ISLANDS SHALL BE A MINIMUM 9' FEET WIDE. 27. CROSSWALKS AT DALLAS PARKWAY INTERSECTIONS TO BE AS CLOSE AS POSSIBLE TO THE INTERSECTION. NOTES KEY MAP N.T.S 1"IPF1"IPF 1 9 8 8 . 6 8 ' N 0 0 ° 0 0 ' 4 3 " W 1332.71'N89°35'49"E ELEVATEDAREA SITE LOCATION U.S. HIGHWAY 380 DA L L A S N O R T H T O L L W A Y COUNTY ROAD NO. 3 BN S F R A I L R O A D MATCHLINE SEE SHEET PSP-2 BLOCK B, LOT 1 2 STORY RETAIL 58,000 GSF 1 STORY RETAIL 22,720 GSF 1 STORY RESTAURANT 9,280 GSF FAR: 0.19:1 LOT COVERAGE: 13% WIDTH: 650' DEPTH: 1000' INTERIOR LANDSCAPING REQUIRED: 7660 SF INTERIOR LANDSCAPING PROVIDED: 7660 SF PARKING REQUIRED: 416 SP 80,720 SF RETAIL/(250)=323 SP 9,280 SF REST./(100)=93 SP HANDICAP REQUIRED: 9 PARKING PROVIDED: 1207 317 SURFACE 890 GARAGE HANDICAP PROVIDED: 23 BLOCK C, LOT 1 1 STORY RETAIL ±29,650 GSF 1 STORY RESTAURANT ±8,025 GSF FAR: 0.14:1 LOT COVERAGE: 14% WIDTH: 400' DEPTH: 670' INTERIOR LANDSCAPING REQUIRED: 7880 SF INTERIOR LANDSCAPING PROVIDED: 7880 SF PARKING REQUIRED: 199 SP 29,650 SF RETAIL/(250)=119 SP 8,025 SF REST./(100)=81 SP HANDICAP REQUIRED: 3 PARKING PROVIDED: 382 382 SURFACE HANDICAP PROVIDED: 4 BLOCK D, LOT 1 1 STORY RETAIL 14,400 GSF FAR: 0.23:1 LOT COVERAGE: 23% WIDTH: 180' DEPTH: 310' INTERIOR LANDSCAPING REQUIRED: 780 SF INTERIOR LANDSCAPING PROVIDED: 780 SF PARKING REQUIRED: 58 SP 14,400 SF RETAIL/(250)=58 SP HANDICAP REQUIRED: 2 PARKING PROVIDED: 35 35 SURFACE HANDICAP PROVIDED: 3 BLOCK E, LOT 1 4 STORY MULTIFAMILY 303,488 GSF 1 STORY NON-RESIDENTIAL 15,828 GSF FAR: 1.40:1 LOT COVERAGE: 46% WIDTH: 400' DEPTH: 730' INTERIOR LANDSCAPING REQUIRED: 1580 SF INTERIOR LANDSCAPING PROVIDED: 1580 SF PARKING REQUIRED: 524 SP 1 BED UNITS: 239*(1.0)=239 SPACES 2 BED UNITS: 93*(2.0)=186 SPACES 3 BED UNITS: 14*(2.5)=35 SP 15,828 SF RETAIL/(250)=64 SPACES HANDICAP REQUIRED: 10 PARKING PROVIDED: 633 33 SURFACE 600 GARAGE HANDICAP PROVIDED: 12 BLOCK G, LOT 1 4 STORY MULTIFAMILY ±295,582 GSF 1 STORY NON-RESIDENTIAL ±14,981 GSF FAR: 1.21:1 LOT COVERAGE: 43% WIDTH: 400' DEPTH: 650' INTERIOR LANDSCAPING REQUIRED: 720 SF INTERIOR LANDSCAPING PROVIDED: 720 SF PARKING REQUIRED: 508 SP 1 BED UNITS: 222*(1.0)=222 SP 2 BED UNITS: 98*(2.0)=196 SP 3 BED UNITS: 12*(2.5)=30 SP 14,981 SF RETAIL/(250)=60 SP HANDICAP REQUIRED: 11 PARKING PROVIDED: 591 6 SURFACE 585 GARAGE HANDICAP PROVIDED: 13 BLOCK F, LOT 1 4 STORY OFFICE 108,500 GSF 1 STORY RETAIL 13,000 GSF 1 STORY RESTAURANT 8,000 GSF FAR: 0.61:1 LOT COVERAGE: 30% WIDTH: 180'/233' DEPTH: 1041 ' INTERIOR LANDSCAPING REQUIRED: N/A INTERIOR LANDSCAPING PROVIDED: N/A PARKING REQUIRED: 442 SP 13,000 SF RETAIL/(250)=52 SP 108,500 SF OFFICE/(350)=310 SP 8,000 REST./(100)=80 HANDICAP REQUIRED: 1 PARKING PROVIDED: 200 200 GARAGE HANDICAP PROVIDED: 2 BLOCK H, LOT 1 1 STORY RETAIL 19,860 GSF (15%) 4 STORY MULTIFAMILY 509,750 GSF FAR: 1.86:1 LOT COVERAGE: 52% WIDTH: 450' DEPTH: 800' INTERIOR LANDSCAPING REQUIRED: 440 SF INTERIOR LANDSCAPING PROVIDED: 440 SF PARKING REQUIRED (ESTIMATE): 590 SP 19,860 SF RETAIL/(250)=80 SP 380 UNITS*(1.34)=510 SP HANDICAP REQUIRED: 11 PARKING PROVIDED: 606 6 SURFACE 600 GARAGE HANDICAP PROVIDED: 13 00 100'200' GRAPHIC SCALE 100' DOUBLE DUMPSTER SIGNLE DUMPSTER ADA PARKING STALL AVENUE A PROVIDED: 93 SP AVENUE B PROVIDED: 58 SP AVENUE C PROVIDED: 25 SP AVENUE D PROVIDED: 24 SP AVENUE F PROVIDED: 129 SP AVENUE E PROVIDED: 28 SP AVENUE G PROVIDED: 99 SP AVENUE H PROVIDED: 77 SP AVENUE I PROVIDED: 46 SP AVENUE J PROVIDED: 48 SP AVENUE K PROVIDED: 30 SP AVENUE L PROVIDED: 66 SP ADA SPACES REQUIRED: 15 SP ADA SPACES PROVIDED: 20 SP ON STREET PARKING TABLE -1/350 SF BUSINESS OR OFFICE -1 SPACE PER HOTEL KEY -1/250 RETAIL STORE -1/100 RESTAURANT OR CAFE -1.0 SP PER BED FOR 1 AND 2 BED MULTIFAMILY UNIT -0.5 SP FOR EACH ADDITION BED ROOM SUMMARY -OFFICE = 1,254,000 GSF -HOTEL = 400 KEYS -MULTI-FAMILY = 1,025 UNITS -RETAIL = 203,839 GSF -REST = 38,705 GSF -CONFERENCE = 50,000 GSF TOTAL PARKING REQUIRED: 6,920 SPACES TOTAL PARKING PROVIDED: 8,807 SPACES ZONING PARKING REQUIREMENTS 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-41 2. BLOCKS A-L MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-41 3. FIRELANE SHALL BE PROVIDED IN ACCORDANCE WITH CURRENT TOWN OF PROSPER FIRE CODE REQUIREMENTS. FINAL LAYOUTS AND USAGE TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT 4. DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 5. DOWNTOWN DISTRICT SETBACKS PER PD-41 ARE 30' FRONT YARD ALONG DNT AND 380, AND 10' ALONG ALL OTHER STREETS. REAR YARD AND SIDE YARD SETBACKS ARE 0'. 6. OFFICE PARK DISTRICT SETBACKS PER PD-41 ARE 25' FRONT YARD ALONG DNT, AND 10' ALONG OTHER STREETS. REAR YARD AND SIDE YARD SET BACKS ARE 10'. NOTES MSW Prosper 380 LP 320 W Main Street Suite 100 Lewisville, TX 75057 Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)301-2580 ZONING: PLANNED DEVELOPMENT OPEN SPACE REQUIRED (7%): 8.86 AC OPEN SPACE PROVIDED: (7%): 9.09 AC SITE DATA SUMMARY Item 5c R.O.W. PARCEL 40-6 DOC NO. 2004-0172068 R.O.W. PARCEL 40-3 DOC. NO. 2004-0133410 R.O.W. PARCEL 40-4 DOC. NO. 20081112- 001322030 R.O.W. PARCEL 40-5 DOC. NO. 20081112- 001322070 LATTIMORE MATERIALS COMPANY, L.P. VOL. 5380, PG. 5848 D.R.C.C.T. LOT 1, BLOCK A OPHIR PASS ADDITION VOL. 2009, PG. 258 SOUTHERN STAR CONCRETE, INC. VOL. 5468, PG. 5436 M.A.H.G. PARTNERSHIP DOC. NO. 20100601000545080 S 9' S S S S S S S S S S S S S S S SSS S S S S S S FL FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L FL FL FL F L F L F L FL FL FL FL F L F L FL FL FL FL FL FL FL FL FL FL F L F L F L F L F L F L F L F L F L F L F L F L F L FL FL FL FL F L F L F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL FL FL FL FL F L F L F L F L FL FL FL FL F L F L FL FL FL FL F L F L F L F L FL FL 4 4 6 9 4 69 12 6 5 6 11 11 12 7 4 9 6 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 5 6 5 7 6 3 3 5 3 3 6 5 5 88 6 5 5 5 6 6 3 3 3 3 V V V V V V V 5 6 5 6 2 22 2 66 22 4 4 8 8 5 4 4 5 6 6 5 9 9 8 8 66 66 6 6 5 4 4 5 5 5 33 60'13' 180' 203' 203' 20' AVENUE "D" - 89' ROW AV E N U E " G " - 4 9 ' R O W 12 6 ' 20 ' 21' 6' 34 0 ' 18 ' 24' 120' 45 ' 24 ' 60'130' 13' DA L L A S P A R K W A Y (V A R I A B L E W I D T H R I G H T - O F - W A Y ) S89°42'50"W 927.8' ∆=4°59'59" R=11659.16' L=1017.41' CB=S2°04'35"W C=1017.09' S4°34'35"W 703.6' N89°38'03"E 1097.0' S0°29'12"E 652.4' S89°22'33"W 1352.3' N0°00'21"E 695.2' N89°12'13"W 38.3' N0°27'28"E 335.9' BLOCK I LOT 1 5.75 ACRES BLOCK J LOT 1 22.74 ACRES BLOCK O LOT 1 MULTI FAMILY 6.94 ACRES BLOCK K LOT 1 4.71 ACRES FLEX OFFICE BLOCK M LOT 1 6.10 ACRES MULTIFAMILY BLOCK N LOT 1 5.25 ACRES MULTIFAMILY BLOCK L LOT 1 3.95 ACRES DETENTION POND BLOCK H LOT 1 5.99 ACRES GARAGE 200 SPACES 11 ADA SPACES ±68,000 SF 2 LEVELS HO T E L ± 1 3 4 , 8 8 0 S F 8 S T O R I E S 20 0 K E Y S GARAGE 680 SPACES 18 ADA SPACES ±244,800 SF 4 LEVELS OFFICE ±201,600 SF 8 STORIES GARAGE 3,260 SPACES 50 ADA SPACES 6 LEVELS OFFICE ±83,500 SF 4 STORIES OFFICE ±100,800 SF 4 STORIES OFFICE ±201,600 SF 8 STORIES OFFICE ±201,600 SF 8 STORIES OFFICE ±126,000 SF 5 STORIES FLEX OFFICE USE CONFERENCE ±50,000 SF 1 STORY HOTEL ±161,600 SF 200 KEYS 10 STORIES RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS 60' ROW 24 ' 60 ' 24 ' 24' 110' ROW 24' 24' 24 ' 24 ' 24' 24 ' 24 ' 24 ' 24 ' 24' 9' T Y P . 20' TYP. 20 ' 20 ' 12 ' 8' T Y P . PRAIRIE ROAD 90' ROW SH A W N E E A V E - 9 0 ' R O W 9' TWO POINTS OF ACCESS IN A 10' WIDE 2-HR RATED CORRIDOR SHALL BE PROVIDED TO COURTYARD FH R30'R30'R30'R30' R30'R30' R30'R30' R30'R30'R30'R30' R30'R30' R30'R30' R30' R30' R30'R30' R30' R30'R30' R30' R30' R30'R30' R30'R30' R30'R30' R30' R30'R30' R30' R30' R30' R30'R30' R30' R30'R30' R30'R30' R30' R30' R30' R30' R30' LOVERS LANE 90' ROW FUTURE LOVERS LANE 9 0 ' R O W 20 ' R30' R30' R15' R15' 24' 289.4' 440.5' 20 ' OFFICE PARK DISTRICT DOWNTOWN DISTRICT FHFDC FH FH FH FH FH FH FH FH FH FH FH FDC FDC FDCFDC FDC FDC FH FDC FDC FDC FDC FDC FDC 126' AVENUE "C" - 65' ROW 60' ROW 60' ROW OFFICE PARK DISTRICT MSW PROSPER 380, LP INST. NO. 20130102000003130 O.P.R.C.C.T. 90 ' R O W AVENUE "J" - 89' ROW AV E N U E " L " - 6 0 ' R O W AV E N U E " K " - 6 0 ' R O W RE T A I L ± 1 3 , 0 0 0 S F 1 S T O R Y OFFICE ±108,500,000 SF 4 LEVELS 49' FDC FH AV E N U E " F " - 6 6 . 5 ' R O W 22 2 ' 1 0 ' 21 0 ' 120' DE C E L L A N E FH FH FH FH FH FH FHFH FH FH FDC FH FDC FDC FDC FDC FDC (2) FH FH FHFH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH DOWNTOWN DISTRICT 12.5' AV E N U E " E " - 4 9 ' R O W DE C E L L A N E DE C E L L A N E 24 ' 30' FRONT YARD SET BACK 10' FRONT YARD SET BACK R30' 8' SIDEWALK (5' OFF BOC) 8' SIDEWALK (5' OFF BOC) SITE DISTANCES TO BE ANALYZED AT TIME OF ROAD DESIGN. BUILDING AND VAM EASEMENTS TO BE DESIGNED ACCORDINGLY. 10' BUILDING SETBACK 10' BUILDING SET BACK 10' BUILDING SET BACK EXISTING 40' SANITARY SEWER EASEMENT 30' BUILDING AND LANDSCAPE SETBACK APPROXIMATE ALIGNMENT PER CURRENT TOWN THOROUGHFARE PLAN. PROPOSED REALIGNMENT OF PRAIRIE ROAD AND SHAWNEE AVE IS SUBJECT TO APPROVAL OF A THOROUGHFARE PLAN AMENDMENT BY THE TOWN. THIS PLAN DOES NOT IMPLY APPROVAL OF THIS ALIGNMENT OR THE THOROUGHFARE PLAN AMENDMENT. 10' BUILDING SETBACK 10'10'10' R30' FHFH FH FH FH FH FH ADA PARKING NOTE: ADA STREET PARKING ADJACENT TO BLOCKS K, L, M, AND N SHALL BE INSTALLED NEAR ULTIMATE BUILDING ENTRANCES. R. O . W . P A R C E L 4 0 - 1 DO C . N O . 2 0 0 6 0 3 1 3 0 0 0 3 2 4 8 5 0 S SS F L F L F L F L F L V V V V N0°10'50"E 1582.3' RE T A I L 1 1 , 3 6 0 S F ( 7 1 % ) 1 S T O R Y RE S T A U R A N T 4 , 6 4 0 S F 1 S T O R Y GARAGE 600 SPACES 11 ADA SPACES INTERNAL DUMPSTER 4 LEVELS RETAIL/RESTAURANT: 6) AMENITY: 6) GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 8,535 SF REMAINING MULTIFAMILY: 6) 4 STORIES 332 UNITS TW O P O I N T S O F A C C E S S I N A 1 0 ' WI D E 2 - H R R A T E D C O R R I D O R S H A L L BE P R O V I D E D T O C O U R T Y A R D FH FH FH FDC FDC FHRETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS FH FH FH FH BY DA T E AS S H O W N RE V I S I O N S No . DA T E SHEET NUMBER CH E C K E D B Y SC A L E DE S I G N E D B Y DR A W N B Y KH A P R O J E C T 26 0 E A S T D A V I S S T R E E T , S U I T E 1 0 0 , M C K I N N E Y , T X 7 5 0 6 9 PH O N E : 4 6 9 - 3 0 1 - 2 5 8 0 F A X : 9 7 2 - 2 3 9 - 3 8 2 0 WW W . K I M L E Y - H O R N . C O M T X F - 9 2 8 AM L CA A J C R LA S T S A V E D 5 / 3 1 / 2 0 1 8 1 2 : 4 7 P M PL O T T E D B Y A R M S T R O N G , C H R I S 5 / 3 1 / 2 0 1 8 1 2 : 4 8 P M DW G P A T H K : \ M K N _ C I V I L \ 0 6 7 2 8 6 0 1 5 - P R O S P E R W E S T \ _ P R E L I M I N A R Y S I T E P L A N P A C K A G E DW G N A M E P R E L I M I N A R Y S I T E P L A N . D W G , [ P S P 2 ] IM A G E S XR E F S x B o r d e r 2 4 x 3 6 : x B n d y : x S i t e - P S P : x f r o n t a g e r o a d s : 2 0 1 8 0 2 1 3 x h a r d : x u t i l - p s p : x e x u t i l : x s u r v : x d n t : x h a r d - p s p PR O S P E R W E S T TO W N O F P R O S P E R , T E X A S © 2 0 1 8 K I M L E Y - H O R N A N D A S S O C I A T E S , I N C . 05 / 3 0 / 2 0 1 8 06 7 2 8 6 0 1 9 Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date100472 JOSEPH C. RICCARDI 05/30/2018 PSP-2 PR E L I M I N A R Y S I T E P L A N NOTES 00 100'200' GRAPHIC SCALE 100' BLOCK I, LOT 1 8 STORY OFFICE ±201,600 GSF 8 STORY HOTEL ±134,880 GSF (200 KEYS) FAR: 1.43:1 LOT COVERAGE: 17% WIDTH: 360' DEPTH: 700' INTERIOR LANDSCAPING REQUIRED: 2220 SF INTERIOR LANDSCAPING PROVIDED: 2220 SF PARKING REQUIRED: 776 SP 201,600 SF OFFICE/(350)=576 SP 200 KEYS*(1 SP PER KEY)=200 SP HANDICAP REQUIRED: 20 PARKING PROVIDED: 785 105 SURFACE 680 GARAGE HANDICAP PROVIDED: 20 BLOCK J, LOT 1 4 STORY OFFICE ±100,800 GSF 4 STORY OFFICE ±83,500 GSF 5 STORY OFFICE ±126,000 GSF 8 STORY OFFICE ±201,600 GSF 8 STORY OFFICE ±201,600 GSF 10 STORY HOTEL ±161,600 GSF (200 KEYS) 1 STORY CONFERENCE 50,000 GSF FAR: 0.91:1 LOT COVERAGE: 19% WIDTH: 540' DEPTH: 1450' INTERIOR LANDSCAPING REQUIRED: 4965 SF INTERIOR LANDSCAPING PROVIDED: 4965 SF PARKING REQUIRED: 2382 SP 713,500 GSF OFFICE/(350)=2039 SP 200 KEYS*(1 SP PER KEY)=200 SP 50,000 GSF CONFERENCE/(350)=143 SP HANDICAP REQUIRED: 66 PARKING PROVIDED: 3511 251 SURFACE 3260 GARAGE HANDICAP PROVIDED: 66 BLOCK K, LOT 1 FLEX OFFICE 4.71 AC BLOCK L, LOT 1 DETENTION POND 3.95 AC BLOCK M, LOT 1 MULTIFAMILY 6.10 AC BLOCK N, LOT 1 MULTIFAMILY 5.25 AC BLOCK O, LOT 1 MULTIFAMILY 6.94 AC MATCHLINE SEE SHEET PSP-1 ZONING: PLANNED DEVELOPMENT OPEN SPACE REQUIRED (7%): 8.86 AC OPEN SPACE PROVIDED: (7%): 9.09 AC SITE DATA SUMMARY KEY MAP N.T.S 1"IPF1"IPF 1 9 8 8 . 6 8 ' N 0 0 ° 0 0 ' 4 3 " W 1332.71'N89°35'49"E ELEVATEDAREA SITE LOCATION U.S. HIGHWAY 380 DA L L A S N O R T H T O L L W A Y COUNTY ROAD NO. 3 BN S F R A I L R O A D DOUBLE DUMPSTER SIGNLE DUMPSTER ADA PARKING STALL AVENUE A PROVIDED: 93 SP AVENUE B PROVIDED: 58 SP AVENUE C PROVIDED: 25 SP AVENUE D PROVIDED: 24 SP AVENUE F PROVIDED: 129 SP AVENUE E PROVIDED: 28 SP AVENUE G PROVIDED: 99 SP AVENUE H PROVIDED: 77 SP AVENUE I PROVIDED: 46 SP AVENUE J PROVIDED: 48 SP AVENUE K PROVIDED: 30 SP AVENUE L PROVIDED: 66 SP ADA SPACES REQUIRED: 15 SP ADA SPACES PROVIDED: 20 SP ON STREET PARKING TABLE -1/350 SF BUSINESS OR OFFICE -1 SPACE PER HOTEL KEY -1/250 RETAIL STORE -1/100 RESTAURANT OR CAFE -1.0 SP PER BED FOR 1 AND 2 BED MULTIFAMILY UNIT -0.5 SP FOR EACH ADDITION BED ROOM SUMMARY -OFFICE = 1,254,000 GSF -HOTEL = 400 KEYS -MULTI-FAMILY = 1,025 UNITS -RETAIL = 203,839 GSF -REST = 38,705 GSF -CONFERENCE = 50,000 GSF TOTAL PARKING REQUIRED: 6,920 SPACES TOTAL PARKING PROVIDED: 8,807 SPACES ZONING PARKING REQUIREMENTS 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-41 2. BLOCKS A-L MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-41 3. FIRELANE SHALL BE PROVIDED IN ACCORDANCE WITH CURRENT TOWN OF PROSPER FIRE CODE REQUIREMENTS. FINAL LAYOUTS AND USAGE TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT 4. DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 5. DOWNTOWN DISTRICT SETBACKS PER PD-41 ARE 30' FRONT YARD ALONG DNT AND 380, AND 10' ALONG ALL OTHER STREETS. REAR YARD AND SIDE YARD SETBACKS ARE 0'. 6. OFFICE PARK DISTRICT SETBACKS PER PD-41 ARE 25' FRONT YARD ALONG DNT, AND 10' ALONG OTHER STREETS. REAR YARD AND SIDE YARD SET BACKS ARE 10'. NOTES MSW Prosper 380 LP 320 W Main Street Suite 100 Lewisville, TX 75057 Kimley-Horn and Associates, Inc. 106 West Louisiana Street McKinney, Texas 75069 Contact: Joe Riccardi, P.E. Phone: (469)301-2580 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND CARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. DRIVEWAYS OFF OF U.S. 380 SHALL BE APPROVED BY TxDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TxDOT. 22. ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 23. A MINIMUM OF 75% OF THE FIRST FLOOR NON-RESIDENTIAL SQUARE FOOTAGE OF BUILDINGS CONTAINING RESIDENTIAL UNITS SHALL HAVE CERTIFICATES OF OCCUPANCY ISSUED FOR THEM PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR AN ADDITIONAL PHASE OF RESIDENTIAL UNITS SUBSEQUENT TO THE FIRST PHASE. 24. THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT SHALL CONSIST OF NO LESS THAN 600 UNITS AND NO GREATER THAN 1,200 UNITS. THIS FIRST PHASE SHALL BE CONSTRUCTED WITHIN THE DOWNTOWN SUB-DISTRICT. 25. SKYBRIDGE CLEARANCE WILL BE PER CODE AND SUBJECT TO LICENSE AGREEMENT WITH THE TOWN. 26. ALL LANDSCAPE ISLANDS SHALL BE A MINIMUM 9' FEET WIDE. Item 5c UPPER PONDNORMAL WSE=614.50100-YR WSE=614.67LOWER PONDNORMAL WSE=613.00100-YR WSE=613.25 ROW ROW ROWROW 15' LAN D S C A P E E S M T 15' LANDSCAPE ES M T PLAYGROUND15' LANDSCAPE ESMT 1 0 2 ' 5' 5' 4 2 ' 32' 1 2 1 ' 4 1 ' 9' T Y P 10' 1 0 ' 9'8'5'5'5'18'12' 5 ' 5 ' 5 ' 5'5'5'5'8'10'10' 4 ' 3 1 ' T Y P R 3 0 ' 1 5 0 ' S 76° 36' 13" W - 2 9 8 . 4 0 ' N 00° 35' 54" W - 554.79'S 86° 52' 16" W - 2 5 3 . 8 6 ' 2 4 ' T Y P . 2 ' M I N . 1 8 ' T Y P . 9 ' T Y P . R10' BOARDWALKBOARDWALKPERGOLAPOOL LOUNGEDECKPOOL PERIMETERFENCING W A T E R F E A T U R E H=1' - 6 " H=2'-0" H = 1 ' - 6 " F I R E L A N E L1C6 C 5 L 4 C 4 C 3 C 2 L 3 C1L2 H = 6 ' - 0 " H = 6 ' - 0 " WOOD SCREEN FENCE M I N . 2 4 " T A L L E V E R G R E E N H E A D L I G H T S C R E E N I N G . M I N . 2 4 " O V E R H A N G F R O M P A R K I N G L O T R E . L P 1 . 0 1 H = 6 ' - 0 " T R A S H R E C E P T A C L E S T O R A G E A R E A P R O P . S T R E E T L I G H T ( T Y P . ) M I N . 2 4 " T A L L E V E R G R E E N H E A D L I G H T S C R E E N I N G . M I N . 2 4 " O V E R H A N G F R O M P A R K I N G L O T R E . L P 1 . 0 1 5 ' 1' TYP.POTENTIAL IRRIGATIONWELL LOCATION L E G E N D P O O L / W A T E R F E A T U R E L A N D S C A P E F E A T U R E W A L L / S C R E E N I N G W A L L R E T A I N I N G W A L L L A N D S C A P E W A L K / D E C K P R O P O S E D F E N C I N G F I R E L A N E S T R I P I N G DENTON COUNTY LINE COLLIN COUNTY LINE V I C I N I T Y M A P N . T . S . S U B J E C T T R A C T S I T E P L A N N O T E S : REVISIONS LEGACY GARDENS AMENITY CENTERPROSPER, TX O F No.Date App.S H E E T N O . K:\0D390\0D390-0001-00 Prosper Trail Estates_Legacy Garden\2 Design Phase\Amenity Center Design Phase\CAD\Plans\03-Amenity Center Plans\D047-30-Amenity Site Plan.dwg twb: May 30, 2018 © 2016 Jones | Carter JOB NO.: SCALE:DESIGNED BY.:TWB/TGS CHECKED BY:TWB Texas Board of Professional Engineers Registration No. F-439 AB C D E F 1234 T A Y L O R W . B L A N C H A R D , P E 1 2 2 0 4 9 M A Y 2 0 1 8 I N T E R I M R E V I E W N o t i n t e n d e d f o r c o n s t r u c t i o n , b i d d i n g o r p e r m i t p u r p o s e s . P . E . S e r i a l N o . : D a t e : E n g i n e e r : DATE: DRAWN BY:TGS 6509 WINDCREST DRIVE, Suite 600  PLANO, Texas 75024  972.488.3880 AS SHOWN x x MAY 2018 D047-0030-00 B E N C H M A R K B M # 2 " X " C U T O N I N L E T O N T H E N O R T H S I D E O F W . P R O S P E R T R A I L , A P P R O X . 2 3 0 ' E A S T O F R A I L R O A D T R A C K S E L E V A T I O N = 6 3 8 . 0 3 ' B M # 1 0 2 P K N A I L O N N W C U R B R E T U R N A T T H E I N T E R S E C T I O N O F W . P R O S P E R T R A I L A N D D U R H A M D R I V E E L E V A T I O N = 6 4 0 . 7 3 ' N O P O R T I O N O F T H E S I T E L I E S I N T H E 1 0 0 Y R F L O O D P L A I N A C C O R D I N G T O F I R M # 4 8 1 2 1 C 0 2 9 0 G E F F E C T I V E 0 4 / 1 8 / 2 0 1 1 . TOWN OF PROSPER CASE NO.:D18-0043 SITE PLAN C 1 . 0 P R O P B U I L D I N G 4 9 0 8 S F POOL P O O L H O U S E / R E S T R O O M W A T E R A N D S A N I T A R Y S E W E R S C H E D U L E P R O P O S E D W A T E R S E R V I C E M E T E R S C H E D U L E P R O P O S E D S A N I T A R Y S E W E R S E R V I C E S C H E D U L E 2 - 2 " D O M E S T I C W A T E R M E T E R S 1 - 3 4 " D E T E C T O R M E T E R F O R F I R E L I N E 1 - 6 " S A N I T A R Y S E W E R S E R V I C E 1 - 4 " S A N I T A R Y S E W E R S E R V I C E A N Y R E V I S I O N T O T H I S P L A N W I L L R E Q U I R E A P P R O V A L A N D W I L L R E Q U I R E R E V I S I O N S T O A N Y C O R R E S P O N D I N G P L A N T O A V O I D C O N F L I C T S B E T W E E N P L A N S 1 . D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 . O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 . O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 . L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 . A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 . B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 % F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 . F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 . T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 . S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 . H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 . A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 . A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 . A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A Ç A D E P L A N . 1 4 . S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ) F E E T I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 . A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 . S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 . A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 . A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 . A L L L A N D S C A P E E A S E M E N T S M U S T B E E X C L U S I V E O F A N Y O T H E R T Y P E O F E A S E M E N T . 2 0 . I M P A C T F E E S W I L L B E A S S E S S E D I N A C C O R D A N C E W I T H T H E L A N D U S E C L A S S I F I C A T I O N ( S ) I D E N T I F I E D O N T H E S I T E D A T A S U M M A R Y T A B L E ; H O W E V E R , C H A N G E S T O T H E P R O P O S E D L A N D U S E A T T H E T I M E O F C O A N D / O R F I N I S H - O U T P E R M I T M A Y R E S U L T I N A D D I T I O N A L I M P A C T F E E S A N D / O R P A R K I N G R E Q U I R E M E N T S . 2 1 . T H E A P P R O V A L O F A S I T E P L A N S H A L L B E E F F E C T I V E F O R A P E R I O D O F E I G H T E E N ( 1 8 ) M O N T H S F R O M T H E D A T E O F A P P R O V A L B Y T H E P L A N N I N G & Z O N I N G C O M M I S S I O N , A T T H E E N D O F W H I C H T I M E T H E A P P L I C A N T M U S T H A V E S U B M I T T E D A N D R E C E I V E D A P P R O V A L O F E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S . I F T H E E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S A R E N O T A P P R O V E D , T H E S I T E P L A N A P P R O V A L , T O G E T H E R W I T H A N Y P R E L I M I N A R Y S I T E P L A N F O R T H E P R O P E R T Y , I S N U L L A N D V O I D . POOLEQUIPMENT YARD I t e m 5 c SITE PLAN Windsong Ranch Marketplace BLOCK A, LOT 13 1.252 Acres SITUATED IN THE J. SALING SURVEY, ABSTRACT NUMBER 1675 TOWN OF PROSPER, DENTON COUNTY, TEXAS Scale: 1" = 20' February, 2018 SEI Job No. 17-212 OWNER / APPLICANT Northwest 423/380 LP 7001 Preston Road, Suite 410 Dallas, Texas 75205 Telephone (214) 224-4600 Contact: Robert Dorazil ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: Kevin Wier CASE No. - D18-0026 Vicinity Map SITE Variable width ROW Doc. No. 2017-302 PRDCT Doc. No. 2017-302 PRDCT Doc. No. 2017-302 PRDCT Item 5c 10"6" 3" EP - 8" 8" SKD (SI Z E ) 3" ELB 3G9 0 8" PMP1 PMP16" Block X, Lot 2X Current Zoning: PD-40 25.262 Ac. / 1,100,398 Sq. Ft. Scale: 1" = 100' May, 2018 SEI Job No. 16-162 Sheet 1 of 2 SITE PLAN Case No. D18-0046 WINDSONG RANCH CRYSTAL LAGOON BLOCK X, LOT 2X 25.262 Acres SITUATED IN THE T. BUTTON SURVEY, ABSTRACT NUMBER 88 & M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 1476 TOWN OF PROSPER, DENTON COUNTY, TEXAS ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: David Bond OWNER / APPLICANT TVG TEXAS I, LLC. 2242 Good Hope Road Prosper, Tx. 75078 Telephone (469) 532-0681 Contact: David Blom SITE VICINITY MAP Item 5c 10' 10' 12' 12' 10" 6" 3" EP- 8" 8" SKD(SIZE) 3" ELB3G90 8" PMP 1 PMP 1 6" Block X, Lot 2X Current Zoning: PD-40 25.262 Ac. / 1,100,398 Sq. Ft. Scale: 1" = 50' May, 2018 SEI Job No. 16-162 ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: David Bond Sheet 2 of 2 SITE PLAN Case No. D18-0046 WINDSONG RANCH CYRSTAL LAGOON BLOCK X, LOT 2X 25.262 Acres SITUATED IN THE T. BUTTON SURVEY, ABSTRACT NUMBER 88 & M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 1476 TOWN OF PROSPER, DENTON COUNTY, TEXAS OWNER / APPLICANT TVG TEXAS I, LLC. 2242 Good Hope Road Prosper, Tx. 75078 Telephone (469) 532-0681 Contact: David Blom Item 5c AND SHED FF=646.87 CIRS CIRS "X" CUT FOUND CO O K L A N E (C A L L E D 6 0 ' R . O . W . ) R30 ' R 3 0 ' R 3 0 ' R10 ' R30 ' R 3 0 ' R 3 0 ' R 3 5 ' 2 6 ' F L A D U E 3 0 ' F L A D U E 26' FLADUE 24' FLADU E 30' FLADUE 3 0 ' F L A D U E 6 4 ' 6 4 ' 101.78' 102.77' 6 4 ' 6 4 ' 20' 20' 3 0 ' 6 4 ' 6 4 ' 67.94' 51.41' EX. CURB INLET EX. CURB INLET STORAGE BINS EX. FIRE HYDRANT EX. CURB INLET EX. CURB INLET EX. CURB INLET EX. CURB INLET EX. FENCE 6' MASONRY SCREEN WALL EX. FIRE HYDRANT 93' 8 0 ' 218' 7 8 ' 100' 8 0 ' 9' 1 8 ' 9'1 8 ' 9' 1 8 ' 1 8 ' 9' 9 ' 18' 18' 9 ' 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL 6' MASONRY SCREEN WALL END 6" CURB AND GUTTER NO CURB NO CURB NO CURB NO CURB NO CURB END 6" CURB AND GUTTER EX. HEADWALL TO BE REMOVED AND PLUGGED FUTURE PAD 17,000 WAREHOUSE 9,200 SF OFFICE FIRE HYDRANT FIRE HYDRANT DUMPSTERS FIRE HYDRANT FIRE HYDRANT FDC FDC HVAC PAD FIRE HYDRANT FIRE HYDRANT FIRE HYDRANT DETENTION POND OUTFALL STRUCTURE GRATE INLET CURB INLET GRATE INLET EX. 75' GAS ESMT 5 ' L A N D S C A P E E S M T 15' PEDESTRIAN ACCESS AND LANDSCAPE ESMT 10 ' L A N D S C A P E S E T B A C K 10' LAN D S C A P E S E T B A C K 15' DRAINAGE ESMT 10' UTILITY ESMT WATER ESMT WATER ESMT WATER ESMT WATER ESMT WATER ESMT WATER ESMT WATER ESMT 2 6 ' F L A D U E DETENTION / WET POND 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK 6' PUBLIC SIDEWALK HEADWALL S89°28'53"W 644.65' N0°20'39"E 537.41' N89°38'07"E 751.06' S11°33'16"W 547.44' AP P R O X . 3 0 0 ' ± T O C R O S S S T R E E T AP P R O X . 3 4 0 ' ± T O NE A R E S T C R O S S S T R E E T EXISTING CANOPY AND SHED EX . C O N C R E T E EX . C O N C R E T E EX . C O N C R E T E EX. CONCRETE DRIVEWAY EX. CONCRETE DRIVEWAY 32 . 8 1 ' 15 1 . 8 7 ' 30 ' 12 3 ' ± 27 ' ± 30 ' 15 2 ' ± 32 . 8 1 ' 17 4 ' ± 3.67'± 6.7'± FFE: 639.10 FFE: 640.65 35'± 35'± 28 ' ± PROSPER FLEX DEVELOPMENT PARTNERS DOC. NO. 20151221001574120 O.P.R.C.C.T. PROP. USE: MINI-WAREHOUSE BY OTHERS LOT 1 BLOCK A PLM ADDITION DOC. NO. 20110628010001150 O.P.R.C.C.T. LOT 2, BLOCK A WWRE HOLDINGS ADDITION 8.59 ACRES USE : HOME BUILDER SUPPLY LOT 2, BLOCK A WWRE HOLDINGS ADDITION 5.41 ACRES VACANT LOT PRESTONWOOD ADDITION (CPR) BLOCK A, LOT 1R; REPLAT PRESTONWOOD BAPTIST CHURCH INC EX. CHURCH UTILITY ESMT TRUCK SCALE NO CURB 5 7 . 3 2 ' DRAINAGE AND DETENTION ESMT. FFE: 640.65FFE: 639.10 SLIDING GATE SLIDING GATE 26' DRAINAGE AND UTILITY ESMT R40' R 4 0 ' R40' R4 0 ' SLIDING GATE R30 ' R30 ' R30 ' R3 0 ' R5 0 ' 4 2 ' 2 4 ' 140' 6 0 ' 15' WATER ESMT 10' WATER ESMT 15' SANIT A R Y SEWER E S M T 15' SANITARY SEWER ESMT 30' WIDE FIRE LANE & WATER LINE EASEMENT FILE NO. 20151221001584210 R.P.R.C.C.T. TO BE ABANDONED BY PLAT 20' SANITARY SEWER AND WATERLINE EASEMENT FILE NO. 20060126000108690 R.P.R.C.C.T. TO BE ABANDONED BY PLAT 30' WIDE FIRE LANE & WATER LINE EASEMENT FILE NO. 20151221001584210 R.P.R.C.C.T. TO BE ABANDONED BY PLAT 20' SANITARY SEWER AND WATERLINE EASEMENT FILE NO. 20060126000108690 R.P.R.C.C.T. TO BE ABANDONED BY PLAT DA T E No . RE V I S I O N BY DATE: SHEET File No. 2017-128 05/30/2018 CHECKED: BJK DRAWN: DESIGN: WO R L D W I D E R O C K EN T E R P R I S E S SE C O F P R O S P E R T R A I L A N D CO O K L A N E PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M PL O T T E D B Y : BO B B Y K U B I N PL O T D A T E : 5 / 3 1 / 2 0 1 8 3 : 0 6 P M LO C A T I O N : Z : \ P R O J E C T S \ P R O J E C T S \ 2 0 1 7 - 1 2 8 W O R L D W I D E R O C K P R O S P E R \ C A D D \ S H E E T S \ S P - 1 S I T E P L A N . D W G LA S T S A V E D : 5 / 3 1 / 2 0 1 8 3 : 0 5 P M TEXAS REGISTRATION #14199 MAM PRELIMINARY CLAYMOORE ENGINEERING BJK SI T E P L A N SP-1 0 GRAPHIC SCALE 1 inch = ft. 40 40 80 40 20 LEGEND EX. FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED FIRE LANE, ACCESS, DRAINAGE AND UTILITY ESMT. PROPOSED SIDEWALK PROPOSED DUMPSTER AREA CONCRETE PAVEMENT PROPOSED STANDARD DUTY CONCRETE PAVEMENT THIS PROPERTY IS LOCATED IN "NON-SHADED ZONE X" AS SCALED FROM THE F.E.M.A. FLOOD INSURANCE RATE MAP DATED JUNE 2, 2009 AND IS LOCATED IN COMMUNITY NUMBER 480141 AS SHOWN ON MAP NUMBER 48085C0235J. THE LOCATION OF THE FLOOD ZONE IS APPROXIMATE, NO VERTICAL DATUM WAS COLLECTED AT THE TIME OF THE SURVEY. FOR THE EXACT FLOOD ZONE DESIGNATION, PLEASE CONTACT 1-(877) FEMA MAP FLOODPLAIN NOTE TOWN OF PROSPER SITE PLAN GENERAL NOTES: ANY REVISIONS TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. BENCHMARK: 1. TBM1 'X' MAG NAIL SET AT NORTHEAST CORNER OF SITE, ON NORTH SIDE OF PROSPER TRAIL. ELEVATION: 643.64 2. TBM2 'X' CUT IN CONCRETE CURB AT NORTHWEST CORNER OF SITE, ON WEST SIDE OF COOK LANE ELEVATION 637.66 FEET *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* GAS METER ELECTRIC METER TELEPHONE RISER / PEDESTAL N.T.S. VICINITY MAP N SITE FRONTIER PKWY DA L L A S P K W Y PROSPER TRAIL CO O K L N N C O L E M A N S T FIRE LANE AND ACCESS EASEMENT FIRE LANE, ACCESS, DRAINAGE AND UTILITY EASEMENT FLAE FLADUE ACCESS, DRAINAGE AND UTILITY EASEMENTADUE NOTE: 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2. DUMPSTER ENCLOSURES SHALL BE 6' IN HEIGHT WITH BRICK VENEER MATERIALS TO MATCH THE PROPOSED BUILDINGS. 3. PROPOSED MASONRY SCREENING WALL SHALL BE 6' IN HEIGHT. COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 WORLDWIDE ROCK ENTERPRISES 1854 E. BELTLINE RD COPPELL, TX 75019 972-877-6734 BEING AN 8.59 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO ALL STORAGE PROSPER TRAIL, LLC RECORDED IN DOCUMENT NUMBER 20170714000925660, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.). HOME BUILDER SUPPLY CONTACT NAME: DAVID ROLLEN CONTACT NAME: MATT MOORE CONTACT NAME: DAN RICK SITE PLAN CASE #: D18-0041 LOT 2, BLOCK A - WWRE HOLDINGS ADDITION PROPOSED HEAVY DUTY CONCRETE PAVEMENT NOTE: IN ACCORDANCE WITH PD-26, USES SHALL NOT DISSEMINATE DUST, FUMES, GAS, NOXIOUS ODOR, SMOKE, GLARE, OR OTHER ATMOSPHERIC INFLUENCE BEYOND THE BOUNDARIES OF THE PROPERTY. Item 5c Page 1 of 4 f f To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – June 12, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone Planned Development- 25 (PD-25) and Planned Development-39 (PD-39), on 1,364.1± acres, in order to divide PD-25 and PD-39 into new Planned Developments corresponding with current ownership, and allocating existing entitlements accordingly, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. (Z18-0001). History: At the April 10, 2018, Town Council meeting, the Council received a briefing regarding the proposed rezoning request. Description of the Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-25 / Planned Development-39 Undeveloped / Residential (Lakewood) Low & Medium Density Residential / US 380 District North Agricultural / Single Family-15 / Planned Development-5 / Planned Development-9 / Planned Development-18 / Planned Development-49 / Planned Development-50 / Undeveloped / Residential (Greenspoint, Whispering Farms, and Whitley Place) Low & Medium Density Residential East Agricultural / Commercial / City of McKinney Undeveloped / City of McKinney US 380 District / City of McKinney Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 4 South Commercial / Planned Development-38 / Planned Development-82 / City of Frisco / City of McKinney Undeveloped / Rogers Middle School / City of Frisco / City of McKinney US 380 District / City of Frisco / City of McKinney West Planned Development-2 / Planned Development-6 / Planned Development-38 / Planned Development 82 Undeveloped / Rogers Middle School / Residential (La Cima) / Apartments (Orion) Low & Medium Density Residential / US 380 District Planned Development-25 (PD-25) and Planned Development-39 (PD-39) collectively comprise approximately 1,500 acres, commonly referred to as Brookhollow. PD-25 consists of approximately 1,218 acres that was originally zoned in 2006. In 2008, an additional 286 acres was acquired and zoned PD-39 with the intention of being added to PD-25. Since 2006, there have been various ownership changes, which do not directly correspond to the zoning district boundaries. Consequently, due to the varying ownership, as well as the magnitude of the zoning, development under the current zoning has proven challenging. The proposed rezoning is intended to be administrative in nature only, with the goal of breaking the two (2) PDs into five (5) new PDs corresponding with current ownership, while accurately allocating the existing entitlements (i.e. number and size of residential lots) in a manner that replicates the entitlements, as they currently exist. The proposed amendments are not intended to alter the existing development standards. Dividing the existing zoning into individual PDs that correspond to current ownership will more easily allow an individual property owner to develop and/or rezone their property without involving other property owners. A summary of the existing PDs, acreages, and lot allocations is provided below: Existing Acres SF Lots TH Lots MF Units Total PD-25 1,218 2,964 550 300 3,814 PD-39 286 681 0 0 681 Total 1,504 3,645 550 300 4,495 A summary of the tracts, which comprise PD-25 and PD-39, acreage, and the proposed lot allocations, is provided below for comparison purposes: Owner Acres SF Lots TH Lots MF Units Total 55 Prosper (Prosper North) 655 1,830 300 0 2,130 310 & 104 Prosper (Prosper Centre) 396 973 250 300 1,523 Prosper 119 & 236 (Lakewood) 237 645 0 0 645 Prosper Crossing (PD-38)* 90 0 0 0 0 Harlan Properties 45 130 0 0 130 Rogers Middle School (PD-82)* 40 0 0 0 0 Grace Academy 24 67 0 0 67 Town of Prosper ground storage tanks* 9 0 0 0 0 Prosper Plaza (PD-76)* 8 0 0 0 0 Total 1,504 3,645 550 300 4,495 *No longer part of PD-25 or PD-35/not included in rezoning request. Item 7 Page 3 of 4 The attached rezoning exhibit, provided by the applicants, depicts the proposed tracts/PDs, distinguished by property owner, as well as indicates the entitled lots by size. The development standards for PD-25 and PD-39 have been replicated into five (5) new PDs, which are each attached for review. Future Land Use Plan – The Future Land Use Plan recommends Low Density Residential and Medium Density Residential uses for the property. This request conforms to the Future Land Use Plan. Conformance to the Thoroughfare Plan – The property has direct access to US 380, Coit Road, and Custer Road, ultimate six-lane divided thoroughfares, and First Street, an ultimate four-lane divided thoroughfare. This request conforms to the Thoroughfare Plan. Water and Sanitary Sewer Services – W ater or sanitary sewer services are located adjacent to the subject property. Access – Access to the property is provided from US 380, Coit Road, Custer Road, and First Street. Adequate access is provided to the subject property. Schools – This property is located within the Prosper Independent School District (PISD). It has not been determined if a school site will be needed on the subject property. Parks – Park property has been dedicated on a portion of the subject property, and future park dedication will be required in accordance with the PD, and subject to Park Board and Town Council approval. Environmental Considerations – There is 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has received thirteen (13) Public Hearing Notice Reply Forms, all in opposition to the request. Attached Documents: 1. Location Map 2. Rezoning Exhibit 3. Brookhollow Centre PD 4. Brookhollow North PD 5. Grace Academy PD 6. Harlan Properties PD 7. Lakewood PD 8. Public Hearing Notice Reply Forms Planning & Zoning Commission Recommendation: At their May 15, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Town Staff Recommendation: Town staff recommends that the Town Council approve the request. Item 7 Page 4 of 4 Proposed Motion: I move to approve a request to rezone Planned Development-25 (PD-25) and Planned Development-39 (PD-39), on 1,364.1± acres, in order to divide PD-25 and PD-39 into new Planned Developments corresponding with current ownership, and allocating existing entitlements accordingly, located north of US 380, east of Coit Road, west of Custer Road, and north and south of First Street. Item 7 Exhibit A Z18-0001 FIRST ST PROSPER TRL CU S T E R R D CO I T R D UNIVERSITY DR CR 933 US HIGHWAY 380 L A K E W O O D D R LA CIM A B L V D GLACIER P O I N T C T RICHLAND BLVD SALA D A D R W O O D V I E W D R HI D D E N L A K E D R WHITL E Y P L A C E D R LASSEN DR ARBOL WAY VISTA VIEW LN THACKERY LN GE N T R Y D R B R O A D M O O R L N TEXA N A D R SPICEWOOD DR NOCONA DR EQ U E S T R I A N W A Y HA W K W O O D L N CHALK H I L L BU T C H A R T D R TR A V I S L N PR 5569 COUNTRY B R O O K L N MESA DR TO W N L A K E D R COYOTE RUN D O V E R D R W H I T E R I V E R D R MEADO W B R O O K B L V D S U N D A N C E C T LON G W O O D D R REFLECTION LN RED WING DR BE T T S L N Y O S E M I T E D R SH A R E D D R I V E W A Y BROOK H O L L O W C T HO N E Y B R O O K L N SA N D S T O N E D R ±0 870 1,740 2,610435 Feet Item 7 Exhibit A Z18-0001 S-10 S-4 S-2 S-7 S-8 PD-25 PD-9 PD-6 PD-25 PD-5 PD-39 PD-49 PD-6 PD-18 PD-1 PD-39 PD-2 PD-5 PD-70 PD-2 PD-5 PD-2 PD-38 PD-11 PD-38 PD-38 PD-73 PD-5 PD-38 PD-16 PD-25 PD-50 PD-6 PD-57 PD-57 PD-16 PD-1 SF M A SF SF SF SF-10 SF SF-15 SF SF-15 C SF-15 SF R SF-15 SF-10/12.5/15/22/E MF A COR R A A A SF-15 R C A R COR SF-15 SF-15 R SF-15 SF-10 A SF-15 SF-15 A O A SF-15 C R SF C OO C O A SF-15 SF-10 R A CC R SF-15 O SF-10 SF-15 SF-15 SF-E SF-15 AAA A A A FIRST ST PROSPER TRL CU S T E R R D CO I T R D UNIVERSITY DR CR 933 US HIGHWAY 380 L A K E W O O D D R LA CIM A B L V D GLACIER P O I N T C T RICHLAND BLVD SA L A D A D R LAKEVIEW DR WHITL E Y P L A C E D R ARBOL WAY VISTA VIEW LN SPICEWOOD DR SWEETWATER LN EQ U E S T R I A N W A Y HA W K W O O D L N PR 5569 CO U N T R Y B R O O K L N TO W N L A K E D R COYOTE RUN TWIN B U T T E S D R W H I T E R I V E R D R MEADO W B R O O K B L V D FAL C O N D R RED WING DR B E T T S L N CHAM A S T PARKVIEW LN FO X F I E L D C T HYDE CT HO N E Y B R O O K L N ±0 870 1,740 2,610435 Feet Item 7 P:\Project C30\17004\17004A-ZE-PROP ZONING 2018-05-07.dwg. 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"U:;o 0"U(Tl:;o� � <.n:,;: � I\):,;: � :;o 0 (Tl :,;: VI c::,(Tl z <O ::I :,;: >r --J � :,;: (Tl :i! ;:::..., d � r - - ::::0 [Tl U) 0 [Tl z -I )> i U) C � � )> ::::0 -< - 000 l I t e m 7 Page 1 of 29 Brookhollow Centre A Planned Development District in the TOWN OF PROSPER, TEXAS MAY 2018 Item 7 Page 2 of 29 EXHIBIT “A” LEGAL DESCRIPTION TRACT A1 TRACT A2 (395.8 ACRES) Item 7 Page 3 of 29 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Item 7 Page 4 of 29 EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 788 single-family residential units, whichever is less, on 272.9 gross acres of land within Tract ‘A1’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 188 Type ‘C’ units and 2 Type ‘D’ units, as described herein. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac, except townhouse neighborhoods which shall not have a density greater than 10.0 du/ac. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be Item 7 Page 5 of 29 provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY Item 7 Page 6 of 29 A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Item 7 Page 7 of 29 2. Single-family Residential Component - General Conditions Tract ‘A1’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility Item 7 Page 8 of 29 with concrete paving and mountable curbs. In neighborhoods where lots are alley- served, residential streets shall consist of a fifty-foot wide right-of-way with a thirty- one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of-Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A1’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. Item 7 Page 9 of 29 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A1’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.13 Adjacency to Major Creeks, Floodplains, and Open Space: All development within Tract ‘A1’ shall comply with Section 14 of Subdivision Ordinance No. 03-05. 3.Deleted 4.Mixed-Use Component Tract ‘A2’ 4.1 Definition: The mixed-use area (shown as Tract ‘A2’ on Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Item 7 Page 10 of 29 Residential land uses are intended to supply higher-density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 4.2 General Description: This PD Ordinance allows a maximum of 111.3 acres of mixed-use development generally located between U.S. Highway 380 and Tract ‘A1’ (see Exhibit ‘D’). Requirements for this area within the development are described below. 4.2.1 Residential uses 4.2.1.1 Single-family Uses: Detached single-family units shall be allowed within the mixed-use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed-use area are developed with single-family residential housing, they shall be developed in accordance with the standards contained within Section 1 of this Ordinance. There shall be allowed a maximum of 185 such housing units within the mixed-use area. 4.2.1.2 Multifamily Uses: Multi-family units shall be allowed within the mixed- use area. A maximum of fifteen units per gross acre of land shall be allowed up to a maximum of 300 multi-family units within the mixed-use area. If portions of the designated mixed-use area are developed with multi-family residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 3.2.1.4. 4.2.1.2.1 Required Parking: Parking requirements for multi-family development shall be one and one-half spaces per one-bedroom unit, two spaces per two-bedroom unit, two and one-half spaces per three-bedroom unit and one-half space per each additional bedroom per unit. The total required number of spaces for any multi-family development shall not be less than 1.8 spaces per dwelling unit. 4.2.1.2.2 Exterior Façade Building Materials: All buildings within a multi-family development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.2.3 Controlled Access: All multi-family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.2.4 Open Space Requirements: Each lot or parcel developed for multi- family uses shall provide useable open space, as defined in the Town’s Item 7 Page 11 of 29 Zoning Ordinance, equal to thirty percent of the total multifamily acreage. 4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed- use area. A maximum of ten units per gross acre of land shall be allowed within the mixed-use area up to a maximum of 250 townhouse units. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 4.2.1.4. 4.2.1.3.1 Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.3.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 4.2.1.4 Residential development intensity: Development intensity shall be in accordance with the following table: Residential Product Type Development Requirement Townhouse Multi- family Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 800 sq. ft. 10,000 sq. Min. Lot Width 20' 80' Min. Lot Depth 40' 120' Min. Front Setback 0' 25' b Min. Rear Setback 0' 15' b Min. Side Setback (interior lot) 0’ 15' Min. Side Setback (corner lot) 0' 25’ b Min. Side Setback (key lot) n/a n/a Max. Lot Coverage 100% 50% Min. Floor Area / Dwelling Unit 1,200 sq. ft. 650 sq. ft. Max. Building Height / No. of storiesa 48' / 3 48' / 3 Item 7 Page 12 of 29 a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 4.2.2 Non-residential uses 4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed-use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores – Sales and Services. Mini-Warehouses Shall be allowed by SUP. 4.2.2.2 Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by Zoning Ordinance No. 05-20. 4.2.2.3 Exterior Façade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4.2.2.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 4.2.2.4.1 Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. 4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 4.2.2.4.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet. Item 7 Page 13 of 29 4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. 4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty-four-foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot side yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty-four-foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot rear yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. 4.2.2.4.10 Open Space Requirement for Non-Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. Deleted 6. Mixed-Use Component - General Conditions 6.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Item 7 Page 14 of 29 Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 6.2. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 6.3. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit “D” are approximations and may be modified at the time of final platting. 6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, and University Drive shall be subject to the TxDOT review process as required. 6.7. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building façade, trim, or roof surface. Item 7 Page 15 of 29 EXHIBIT “D” ZONING SITE PLAN Item 7 Page 16 of 29 EXHIBIT “E” DEVELOPMENT SCHEDULE The development schedule for the approximate 395.8 acres will be phased over the next three to twenty years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Item 7 Page 17 of 29 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A1’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. Item 7 Page 18 of 29 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All Item 7 Page 19 of 29 fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Item 7 Page 20 of 29 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A1’ HOME EXAMPLES Item 7 Page 21 of 29 Item 7 Page 22 of 29 Item 7 Page 23 of 29 Item 7 Page 24 of 29 Item 7 Page 25 of 29 Item 7 Page 26 of 29 Item 7 Page 27 of 29 Item 7 Page 28 of 29 Item 7 Page 29 of 29 Item 7 Page 1 of 34 Brookhollow North A Planned Development District in the TOWN OF PROSPER, TEXAS MAY 2018 Item 7 Page 2 of 34 EXHIBIT “A” LEGAL DESCRIPTIONS Tract A Tract B Tract C Tract D (654.5 ACRES) Item 7 Page 3 of 34 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to re-align PD-25 and PD-39 into new planned development districts with respect to the current property ownership and divide the existing entitlements on a pro-rata basis amongst the new PDs and tracts. The development standards for the new planned development district have been re-established as outlined herein. Design Guidelines are included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Item 7 Page 4 of 34 EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component - Tract ‘A’, ‘B’, ‘C’ & ‘D’ 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: The single family components are shown as Tracts ‘B,’ ‘C,’, ‘D’ (and limited use in Tract ‘A’) on Exhibit D. This Planned Development Ordinance permits single-family residential units and townhome units as reflected below: 15,000 SF Lots Type “A” Lots 70 Maximum Units 12,000 SF Lots Type “B-1” Lots 926 Maximum Units 10,000 SF Lots Type “B-2” Lots 278 Maximum Units 9,000 SF Lots Type “C” Lots 345 Maximum Units 7,000 SF Lots Type “D” Lots 211 Maximum Units Townhome Lots Townhome Lots 300 Maximum Units TOTAL LOTS 2,130 Maximum Units This Planned Development Ordinance shall permit a maximum of 348 single-family residential units within Tract ‘C’ and a maximum of 333 single-family residential units located generally within Tract ‘B1’, as illustrated in Exhibit ‘D.’ Of the maximum 348 single-family residential units that may be developed in Tract ‘C’, a minimum of 20% of the total units shall be developed to the Type “A” standards with the remaining lots being developed to the Type “B-2” standards. Of the 333 single-family residential units that may be developed within Tract ‘B1’, a maximum of 83 units may be developed to Type “C” standards and a maximum of 56 units may be developed to “D” standards. All other units within Tract ‘B1’ shall be developed to Type “A” or “B-1” standards. Of the 211 Type “D” single-family residential units, 153 single-family units shall only be permitted within Tract ‘A’, 56 single-family units shall only be permitted within Tract ‘B-1’, and the remaining units shall be permitted with Tracts ‘B’, ‘C’, or ‘D’. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) Item 7 Page 5 of 34 • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on- course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder or developer during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings / offices for builders’ or developers’ incidental construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 dwelling units per acre overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 dwelling units per acre, except townhouse neighborhoods which shall not have a density greater than 10.0 dwelling units per acre. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’ & ‘G’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B-1 B-2 C D Item 7 Page 6 of 34 Min. Lot Area (sq. ft.) 15,000 12,000 10,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B-1 B-2 C D Max. Building coverage (%) 50 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B-1 B-2 C D Min. Lot Width (ft.) 90 80 75 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY A B-1 B-2 C D Min. Lot Dept (ft.) 125 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B-1 B-2 C D Min. Front Yard (ft.) 30 25 20 20 5 Item 7 Page 7 of 34 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B-1 B-2 C D Min. Side Yard (ft.) 8 7 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet (20’) for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B-1 B-2 C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,500 2,200 2. Single-family Residential Component – Tract ‘A’, ‘B’, ‘C’ & ‘D’ General Conditions 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an Item 7 Page 8 of 34 integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of- way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. Item 7 Page 9 of 34 2.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of-Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the HOA deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions. 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A,’ ‘B,’ ‘C,’ and ‘D’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge Item 7 Page 10 of 34 rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tracts ‘B,’ ‘C,’ and ‘D’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any park dedicated to the Town in excess of the minimum five percent (5%) requirement in any individual development phase of this Planned Development may be credited towards the future park dedication requirements of future phases within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 2.12. Townhouse Uses: Townhouse units shall be allowed within the single family residential component Tract ‘B’ of the Property (shown as ‘TH Area ”B”’ on Exhibit ’D’). A maximum of ten units per gross acre of land shall be allowed up to a maximum of 150 townhouse units. Townhouse residential housing types, shall be developed in accordance with the following criteria which are identical to Section 4.2.1.4 Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0’ Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of storiesa 48' / 3 Item 7 Page 11 of 34 a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. 2.12.1. Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 2.12.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular U-turn movements back onto a public street. 2.13 Adjacency to Major Creeks, Floodplains, and Open Space: All development shall comply with Section 14 of Subdivision Ordinance No. 03-05. 3. Deleted 4. Mixed-Use Component – Tract ‘A’ 4.1 Definition: The mixed-use area (shown as Tract ‘A’ on Exhibit D) of this Planned Development includes residential and non-residential land uses. Retail and office uses include those uses primarily intended to supply the surrounding residential areas with convenience goods and services that are normal daily necessities and routine purchases. Residential land uses are intended to supply higher-density attached and detached housing types that provide a buffer between the more intense retail and commercial land uses along U.S. Highway 380 and the less intense residential development. 4.2 General Description: This PD Ordinance allows a maximum of 138.3 acres of mixed use development, generally located north of U.S. Highway 380. Requirements for this area within the development are described below. 4.2.1 Residential uses 4.2.1.1 Single-family Uses: Detached single-family units shall be allowed within the mixed-use area but shall not be allowed within one thousand feet of U.S. Highway 380, as measured at any building line of such residential lot. If portions of the designated mixed-use area are developed with single-family residential housing, they shall be developed in accordance with the standards contained within Section 1 of this Ordinance. There shall be allowed a maximum of 153 such housing units within the mixed-use area. Item 7 Page 12 of 34 4.2.1.2 Deleted 4.2.1.3 Townhouse Uses: Townhouse units shall be allowed within the mixed- use area. A maximum of ten units per gross acre of land shall be allowed within the mixed-use area up to a maximum of 150 townhouse units. If portions of the designated mixed-use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria and those listed under Section 4.2.1.4. 4.2.1.3.1 Exterior Façade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. 4.2.1.3.2 Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. 4.2.1.3.3 Open Space Requirements: Each lot or parcel developed for townhouse uses shall provide useable open space equal to twenty percent of the total townhouse acreage. 4.2.1.4 Residential development intensity: Development intensity shall be in accordance with the following table: Development Requirement Townhouse Max. Gross Density 10.0 du/ac Min. Lot Area 800 sq. ft. Min. Lot Width 20' Min. Lot Depth 40' Min. Front Setback 0' Min. Rear Setback 0' Min. Side Setback (interior lot) 0’ Min. Side Setback (corner lot) 0' Min. Side Setback (key lot) n/a Max. Lot Coverage 100% Min. Floor Area / Dwelling Unit 1,200 sq. ft. Max. Building Height / No. of storiesa 48' / 3 a Maximum height of any building within sixty feet of a detached residential use shall be thirty-six feet and two stories. Item 7 Page 13 of 34 4.2.2 Non-residential uses 4.2.2.1 Allowed Uses: Non-residential land uses allowed within the mixed-use area are as allowed in Section 1.3 herein and as permitted in the Neighborhood Service, Office and Commercial Corridor districts, listed in Zoning Ordinance No. 05-20. Additional uses allowed by right include the following: • Drug Stores/Pharmacies. • Duplicating Centers, Mailing Services, Etc. • Financial Institutions. • Independent Living Facilities. • Laboratory, Medical and Dental. • Nursing Homes. • Post Office Facilities. • Research and Development Center. • Winery. • Optical Stores – Sales and Services. Mini-Warehouses Shall be allowed by SUP. 4.2.2.2 Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the mixed- use area as required by Zoning Ordinance No. 05-20. 4.2.2.3 Exterior Façade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as a primary exterior building material shall be limited to a maximum of twenty percent of the total exterior wall surfaces. 4.2.2.4 Commercial development intensity: Development intensity for non- residential land uses shall be as follows: 4.2.2.4.1 Floor Area: The allowable floor area of buildings within the mixed-use area shall be unlimited, provided that all conditions described herein are met. 4.2.2.4.2 Lot Area: The minimum lot area shall be 10,000 square feet. 4.2.2.4.3 Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 50% of the total lot area. Parking facilities shall be excluded from lot coverage computation. 4.2.2.4.4 Lot Width: The minimum width of any lot shall be fifty feet. 4.2.2.4.5 Lot Depth: The minimum depth of any lot shall be ninety feet. Item 7 Page 14 of 34 4.2.2.4.6 Front Yard: The minimum depth of the front yard shall be thirty feet 4.2.2.4.7 Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty-four-foot side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot side yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.8 Rear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty-four-foot rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. A fifty-foot rear yard is required adjacent to property zoned for single-family residential uses. 4.2.2.4.9 Building Height: Buildings shall be a maximum of two stories, not to exceed forty feet in height. Non-residential buildings may exceed this restriction provided that one additional foot shall be added to any required setback from detached residential properties for each foot that such structures exceed forty feet. Non-residential buildings may exceed this restriction using such one-to-one ratio for a total maximum height of eight stories not to exceed one hundred feet. Chimneys, antennas and other such architectural projections may extend above this height limit. 4.2.2.4.10 Open Space Requirement for Non-Residential Uses: A minimum of ten percent of the net lot area shall be developed and maintained as landscaped open space. Landscaped open space shall not include areas specifically used for vehicular access and parking. 5. Deleted 6. Mixed-Use Component – Tract ‘A’ General Conditions 6.1 Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance Item 7 Page 15 of 34 Except as amended herein, this Planned Development District shall conform to applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance 05-20 and Subdivision Ordinance, 03-05, as they exist or may be amended. All right-of-ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 6.2. Outdoor Storage and Display Areas: Outdoor storage or/and display of any retail material will be allowed as accessory use only and screened in compliance with Zoning Ordinance 05-20 as it exists or may be amended. 6.3. Buffering Adjacent to Major Thoroughfares: Irrigated landscape buffer zones will be provided along major thoroughfares in conformance with the Town of Prosper Zoning and Subdivision Ordinances. 6.4. Screening and Buffering Adjacent to Residential Lots: A six-foot masonry screen wall shall be installed along the length of the common boundary line between the retail and residential components of this PD. Within such wall and for a minimum depth of fifteen feet shall be an irrigated landscaped buffer zone including turf grass and three-inch caliper trees planted on thirty-foot centers. No more than 45% of such trees shall be of the same species. Alternate screening scenarios may be approved by the Planning and Zoning Commission with their approval of a Site Plan 6.5. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedications, roads, trails, drainage, all easements and illustrates the integration of these elements into a master plan for the whole district. Dimensions and acreages shown on Exhibit “D” are approximations and may be modified at the time of final platting. 6.6. Street Intersection with Major Thoroughfares: Median openings, turn lanes and driveway locations along Custer Road, and University Drive shall be subject to the TxDOT review process as required. 6.7. Screening of Mechanical Equipment: All mechanical equipment located on the ground and/or rooftops including fans, vents, air conditioning units and cooling towers shall be screened so as not to be visible from the property lines at ground level or from the second story of adjacent single-family detached development. Screening may be accomplished through the use of plant materials, berming or fencing. The list of approved plant materials for such purpose shall be included in the deed restrictions filed on this project. Fencing shall be finished in a material similar to and/or painted a color similar to the building façade, trim, or roof surface. Item 7 Page 16 of 34 EXHIBIT “D” ZONING SITE PLAN Item 7 Page 17 of 34 EXHIBIT “E” DEVELOPMENT SCHEDULE The development schedule for the approximate 675.1 acres will be phased over the next ten to fifteen years. Dates are approximate and are subject to change with final design and due to external forces, such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Item 7 Page 18 of 34 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL STYLE ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction Item 7 Page 19 of 34 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: Item 7 Page 20 of 34 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Item 7 Page 21 of 34 Item 7 Page 22 of 34 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL STYLE ‘A’ HOME EXAMPLES Item 7 Page 23 of 34 Item 7 Page 24 of 34 Item 7 Page 25 of 34 Item 7 Page 26 of 34 Item 7 Page 27 of 34 Item 7 Page 28 of 34 Item 7 Page 29 of 34 Item 7 Page 30 of 34 Item 7 Page 31 of 34 Item 7 Page 32 of 34 EXHIBIT “G” SINGLE-FAMILY RESIDENTIAL STYLE ‘B’ DESIGN GUIDELINES 1. ARCHITECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood, vinyl casement divided light windows, or approved metal windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. Item 7 Page 33 of 34 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. Item 7 Page 34 of 34 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone, exposed aggregate or other approved materials. 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4” caliper live oaks or red oaks shall be planted in each side yard space that abuts a street. Item 7 Page 1 of 24 Grace Academy A Planned Development District in the TOWN OF PROSPER, TEXAS MAY 2018 Item 7 Page 2 of 24 EXHIBIT “A” LEGAL DESCRIPTION TRACT ‘A’(23.3 ACRES) Item 7 Page 3 of 24 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Item 7 Page 4 of 24 EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 67 single-family residential units, whichever is less, on 23.3 gross acres of land within Tract ‘A’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 16 Type ‘C’ units, as described herein. All remaining lots shall be developed to Type ‘A’ or Type ‘B’ standards. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. Item 7 Page 5 of 24 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: Item 7 Page 6 of 24 LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Item 7 Page 7 of 24 2. Single-family Residential Component - General Conditions 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way Item 7 Page 8 of 24 with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Item 7 Page 9 of 24 at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Item 7 Page 10 of 24 EXHIBIT “D” ZONING SITE PLAN Item 7 Page 11 of 24 EXHIBIT “E” DEVELOPMENT SCHEDULE The approximate 23.3 acres is expected to be developed in a single phase within the next 1-3 years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Item 7 Page 12 of 24 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will Item 7 Page 13 of 24 review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought Item 7 Page 14 of 24 iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Item 7 Page 15 of 24 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Item 7 Page 16 of 24 Item 7 Page 17 of 24 Item 7 Page 18 of 24 Item 7 Page 19 of 24 Item 7 Page 20 of 24 Item 7 Page 21 of 24 Item 7 Page 22 of 24 Item 7 Page 23 of 24 Item 7 Page 24 of 24 Item 7 Page 1 of 24 Harlan Properties A Planned Development District in the TOWN OF PROSPER, TEXAS MAY 2018 Item 7 Page 2 of 24 EXHIBIT “A” LEGAL DESCRIPTION TRACT A (45.0 ACRES) Item 7 Page 3 of 24 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to split PD-25 and PD-39 into separate PD’s and tracts with respect to current property ownership and divide entitlements on a prorata basis amongst the new PDs and tracts. The development standards for the new PD’s and tracts match the development standards of the original PD’s. Design Guidelines are again included to ensure the provision of a quality planned development over time. Examples of home styles consistent with the design guidelines, including notation of typical required design features, are also included. Item 7 Page 4 of 24 EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits a maximum of 3.0 units/acre, or 130 single-family residential units, whichever is less, on 45.0 gross acres of land within Tract ‘A’ (as shown on the attached Exhibit ‘D’), within which are allowed a maximum of 31 Type ‘C’ units, as described herein. All remaining lots shall be developed to Type ‘A’ or Type ‘B’ standards. The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for all land within the planned development, not including land designated for mixed-use land uses or townhouses, shall be no greater than 3.0 du/ac. overall. The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. Item 7 Page 5 of 24 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Facade Building Materials: (see Exhibit ‘F’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: Item 7 Page 6 of 24 LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 Item 7 Page 7 of 24 2. Single-family Residential Component - General Conditions Tract ‘A’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Brookhollow community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Brookhollow community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of this PD that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Brookhollow and for the Town. Design elements in these areas should support non-programmed passive recreational activities such as walking and picnicking. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Custer Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached as Exhibit “D” and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: Any streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way Item 7 Page 8 of 24 with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developers shall establish a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). The homeowner’s association will be created with Phase 1 and each subsequent phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer shall provide the Town a mandatory HOA agreement that will become part of the deed of record 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four-foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Item 7 Page 9 of 24 at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Park Dedication Requirements: The development of Tract ‘A’ shall provide for a dedication of a minimum of five percent (5%) of the gross platted acreage, to the Town for park purposes, including, but not limited to, neighborhood parks, linear parks, hike and bike trails, pocket parks, water features, creeks and natural preserve areas, or other purposes as determined by the Park and Recreation Board. This requirement may also be fulfilled through the payment of park dedication fees in accordance with Subdivision Ordinance No. 17-41 subject to approval of the Parks and Recreation Board. All other aspects of park dedication shall comply with Subdivision Ordinance No. 17-41 as it presently exists or may be amended, unless modified by a separate agreement. Any property dedicated in excess of the minimum five percent (5%) requirement in a development phase may be credited towards the park dedication requirements of future phases of development within this Planned Development subject to approval of the Parks and Recreation Board. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Item 7 Page 10 of 24 EXHIBIT “D” ZONING SITE PLAN Item 7 Page 11 of 24 EXHIBIT “E” DEVELOPMENT SCHEDULE The approximate 45.0 acres is expected to be developed in a single phase within the next 1-3 years. Dates are approximate and are subject to change with final design and due to external forces such as market conditions. Start dates for the overall project will depend on the availability of adequate infrastructure service to this area. Item 7 Page 12 of 24 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private enclosed yard areas. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will Item 7 Page 13 of 24 review for approval the location of all second-floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought Item 7 Page 14 of 24 iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone borders or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. Item 7 Page 15 of 24 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Item 7 Page 16 of 24 Item 7 Page 17 of 24 Item 7 Page 18 of 24 Item 7 Page 19 of 24 Item 7 Page 20 of 24 Item 7 Page 21 of 24 Item 7 Page 22 of 24 Item 7 Page 23 of 24 Item 7 Page 24 of 24 Item 7 Page 1 of 30 Lakewood A Planned Development District in the TOWN OF PROSPER, TEXAS MAY 2018 Item 7 EXHIBIT “A” LEGAL DESCRIPTION TRACT A TRACT B (236.5 ACRES) Item 7 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to re-align PD-25 and PD-39 into new planned development districts with respect to the current property ownership and divide the existing entitlements on a pro-rata basis amongst the new PDs and tracts. The development standards for the new planned development districts are outlined herein. Design Guidelines are included to ensure the provision of a quality planned development over time. Item 7 EXHIBIT “C” DEVELOPMENT STANDARDS 1. Single-Family Residential Component 1.1. Definition: Single Family shall mean the use of a lot with one building designed for and containing not more than one unit with facilities for living, sleeping, cooking, and eating therein. 1.2. General Description: This Planned Development Ordinance permits single-family residential units as reflected below: Type “A” Lots Unlimited Type “B” Lots 40 Maximum Units Type “C” Lots 159 Maximum Units Type “D” Lots 446 Maximum Units TOTAL LOTS 645 Type B, C, D Lots The development standards for such housing are outlined below or, if not specifically addressed herein, as set forth in the SF-2 Zoning Classifications of Zoning Ordinance No. 05-20 and Subdivision Ordinance 03-05 as they exist or may be amended. 1.3. Allowed Uses: Land uses allowed within this PD district are as follows: • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities • Gated communities with private streets, (developed to Town Standards) • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Residential uses as described herein • Schools – public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on-course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. • Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. Item 7 • Utility distribution lines and facilities. Electric substations shall be allowed by SUP. 1.4. Density: The maximum gross residential density for any single neighborhood shall be no greater than 5.0 du/ac. 1.5. Required Parking: A minimum of four (4) off-street concrete parking spaces shall be provided for each residential unit, except townhouses where no off-street parking is required. As part of the parking requirement, at least two (2) of the off-street parking spaces shall be in an enclosed garage. The parking of recreational vehicles, sports vehicles, boats and/or trailers on a lot facing a street is prohibited. For purposes of this Ordinance, “recreational vehicle” means any mobile unit (motorized or under tow) designed, converted, or modified for use as a sleeping, cooking, gathering, or any use other than human transport and material transport typically associated with a car, sport utility vehicle, or pick-up truck, and “sports vehicle” means a vehicle designed for or modified for off-road or other recreational use, which is not a standard car, sport utility vehicle or pick-up. 1.6. Exterior Façade Building Materials: (see Exhibits ‘F’ and ‘G’) 1.7. Area and building requirements: Lot area and building requirements are as follows: 1.7.1. Lot Area: The minimum area of each lot type shall be as shown in the following table. LOT AREA SUMMARY A B C D Min. Lot Area (sq. ft.) 15,000 12,000 9,000 7,000 1.7.2. Lot Coverage: The maximum lot coverage for each lot type shall be as shown in the following table. LOT COVERAGE SUMMARY A B C D Max. Building coverage (%) 50 50 50 60 1.7.3. Lot Width: The minimum width of any lot shall not be less than as shown in the following table as measured at the front building line of the lot, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may reduce the minimum width by 10 feet as measured along the arc at the front building line; provided all other requirements of this section are fulfilled. Item 7 LOT WIDTH SUMMARY A B C D Min. Lot Width (ft.) 90 80 70 55 1.7.4. Lot Depth: The minimum depth of any lot shall not be less than as shown in the following table: LOT DEPTH SUMMARY A B C D Min. Lot Depth (ft.) 125 125 125 125 1.7.5. Front Yard: The minimum depth of the front yard shall be as shown in the following table. FRONT YARD SETBACK SUMMARY A B C D Min. Front Yard (ft.) 30 25 20 5 Covered drives and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five feet from the established front building line into the front yard area. 1.7.6. Side Yard: The minimum side yard on each side of a lot shall be as shown in the following table. SIDE YARD SETBACK SUMMARY A B C D Min. Side Yard (ft.) 8 7 7 5 / 1 The side yard for all corner lots shall be a minimum of 15 feet. Single-family detached lots shall not side to First Street or Custer Road. 1.7.7. Rear Yard: The minimum depth of the rear yard shall be twenty feet for all lots, except that lots with “C-shaped” houses, such house configurations enclosing a courtyard space, may have a rear yard of ten feet. When the final plat requires a front yard staggered setback in excess of the setback established in 1.7.5 above, Item 7 the rear yard depth shall be reduced by the same amount as the required staggered setback. 1.7.8. Building Height: Buildings shall be a maximum of two and one-half (2½) stories, not to exceed forty-five feet (45’) in height. Chimneys, antennas and other such architectural projections not used for human occupancy may extend above this height limit. 1.7.9. Minimum Dwelling Area: The minimum enclosed heated and cooled living area shall be as shown in the following table. MINIMUM DWELLING AREA SUMMARY A B C D Min. Dwelling Area (sq. ft.) 3,500 3,000 2,500 2,200 2. Single-family Residential Component - General Conditions Tract ‘A’ 2.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 2.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Lakewood community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Lakewood community is linked to the Town. 2.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. Item 7 2.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit “D”) and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 2.5. Streets: The streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to F.M. Hwy. 2478 (Custer Road), and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school.. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty- foot wide right-of-way with a thirty-one foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 2.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions. 2.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. Item 7 2.8. Landscaping 2.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘A’ residential lot (see Exhibit ‘F’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 2.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 2.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 2.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘F’) 2.10. Open Space Requirements: The Lakewood public parkland/open space dedication has been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of Prosper. 2.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. 3. Single-family Residential Component - General Conditions Tract ‘B’ Item 7 3.1. Conformance to All Applicable Articles of the Town of Prosper Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all applicable articles and sections of ordinances and regulations of the Town of Prosper, including Zoning Ordinance, No. 05-20, and Subdivision Ordinance, No. 03- 05, as they presently exist or may be amended. All right-of- ways as specified in the Town’s Transportation Plan will be deeded to the Town at the time of development with the Final Plat. 3.2. Amenities: The intent of this PD regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Lakewood community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by lakes, mature trees and areas of rolling topography, provides the opportunity for a community-wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Lakewood community is linked to the Town. 3.3. Screening and Buffering: Residential development adjacent to East First Street, and Coit Road shall be screened by a combination of earthen berms, turf grass, trees and shrubs and meandering sidewalk within a twenty-five-foot landscape edge, as specified on the attached Exhibit “D” and which shall comply with the Town’s Transportation Plan requirements. All turf and landscaping areas will be irrigated. Screening fences shall be located along the berm areas and shall meet the requirements of the Subdivision Ordinance 03-05, as it exists or may be amended. Screening walls consisting of thin-wall brick shall not be allowed. 3.4. Zoning Site Plan: A Zoning Site Plan is hereby attached (Exhibit “D”) and made a part of the ordinance. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads, all easements and illustrates the integration of these elements into a master plan for the whole district. 3.5. Streets: The streets shown on Exhibit ‘D’ from U.S. Hwy. 380 to Coit Road, and to C.R. 79 (E. First St.) shall be designed within a sixty-foot wide right-of-way. The paved section for these streets shall be concrete paving thirty-one feet wide, except for the potential widening to accommodate traffic at intersections with major thoroughfares. In the event that a school is located within the development, additional paving width will be provided to accommodate school traffic. The developer will be responsible for one-half the cost for the street adjacent to the school. The residential streets shall consist of a fifty-foot wide right-of-way with a thirty-one-foot paving section; and drainage systems, which shall be incorporated into the street facility with concrete paving and mountable curbs. In neighborhoods where lots are alley-served, residential streets shall consist of a fifty-foot wide right- of-way with a thirty-one foot paving section; and drainage systems, which shall be Item 7 incorporated into the street facility with concrete paving and mountable curbs. All Collector Class Thoroughfares shall meet the standards specified in the Town’s Transportation Plan. All Residential Streets, Collector Streets and Thoroughfares with landscape and setback areas shall be shown on the Plat. Right-of-way area shall be dedicated and provided to adjacent street or road sections in conformance with the approved Town of Prosper Transportation Plan. 3.6. Maintenance of Facilities: The Developer has established a Homeowner's Association (HOA), in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the Planned Development District or adjacent Right- of- Way (ROW). As the Property develops in phases, each new phase shall be annexed into the association as specified in Exhibit E. Prior to transfer of the ownership to the HOA, all specified facilities shall be constructed by the Developer and approved by the Town. The developer has provided the Town with a copy of the deed restrictions that will become part of the deed of record and will provide the Town with any amendments or revisions to the deed restrictions 3.7. Sidewalks: Any required sidewalk on collector streets may be located on one side of the street only. In such cases, the sidewalk shall be eight-feet wide and shall be generally meandering where possible. The residential streets will have a four foot wide sidewalk located on each side of the street and shall be located no less than two feet from the street right-of-way line. Corner lots shall also provide the aforementioned requirement. All public street sidewalks and crossings shall be ADA compliant. In locations where open space, common, or HOA areas exist, sidewalks shall be extended to connect with adjacent walks or trails. 3.8. Landscaping 3.8.1. Front Yard: A minimum of two four-inch caliper trees, measured at twelve inches above the root ball, shall be planted in the front yard of each Tract ‘B’ residential lot (see Exhibit ‘G’). The required trees will typically be planted by the builder at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. If pre-existing trees on the lot remain in a healthy and vigorous condition after the completion of construction on the lot, and such trees meet the caliper-inch requirement, this requirement may be waived by the Town Building Official. 3.8.2. Yard Space that Abuts Street (side yard on a street): Two canopy trees as specified on the landscape plan, with a minimum caliper of four inches each as measured twelve inches above the root ball, shall be planted in each side yard space that abuts a street. These required trees shall be in addition to the required front yard trees and shall be planted generally parallel to the street at the edge of the street right of way. The required trees will typically be planted by the builder Item 7 at the time of house construction and must be installed prior to the issuance of the certificate of occupancy for that lot and house. 3.8.3. Side Yard: Side yard landscaping is required on each side yard adjacent to Collector Streets within the development. Such landscaping shall include trees, shrubs, turf grass and earthen berms. Landscape beds in the yard space that abuts a street shall be limited to, and extend from, the house perimeter and walkways. Such beds shall have natural shapes. The intent of this guideline is to reinforce the continuity of the street with planting beds that visually reinforce the street edge rather than the lot. Therefore, floating beds in the yard space are prohibited. Such planting beds must run parallel to the street and create natural shapes that respond to the required trees (described above). 3.9. Fencing: Consistent fencing shall be required on all lots adjacent to Major Thoroughfares as identified on the Town’s Future Thoroughfare Plan. Such fencing shall conform to the standards established by the Town for various types of fencing as found in Subdivision Ordinance 03-05 as it exists or may be amended. (see Exhibit ‘G’) 3.10. Open Space Requirements: The Lakewood public parkland/open space dedication has been met by the dedication of the 22.84 acre Lakewood Preserve to the Town of Prosper. 3.11. Mechanical Equipment: All mechanical equipment (pool, air conditioning, solar collectors, etc.) must be completely screened from public view. A combination of screens, hedges, or walls should be used to screen equipment or mechanical areas. Item 7 EXHIBIT “D” ZONING SITE PLAN Item 7 EXHIBIT “E” DEVELOPMENT SCHEDULE Lakewood Phase 1 has delivered 247 lots and Lakewood Preserve, the 22.84 public park, has been dedicated to the Town of Prosper. The development schedule for the remaining 140.42 acres will be phased over the next five years. It is projected that the remaining land will be developed in multiple phases. Market conditions may extend the anticipated development schedule. Item 7 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ DESIGN GUIDELINES 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6” of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. Deleted. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Deleted. Item 7 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Deleted 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile or approved composition 30-year laminated shingles or other approved roof material. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. Item 7 4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing within the greenbelt / flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on corner lots). 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4” caliper trees shall be planted in each side yard space abutting a street. Each lot shall include a least one evergreen tree. The species of the trees shall be selected from the Town’s Plant list for “Large Trees.” Item 7 EXHIBIT “F” SINGLE-FAMILY RESIDENTIAL TRACT ‘A’ HOME EXAMPLES Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 Item 7 EXHIBIT “G” SINGLE-FAMILY RESIDENTIAL TRACT ‘B’ DESIGN GUIDELINES 1. ARCHITECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should complement adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 1. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. Deleted. 2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. Deleted. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. Item 7 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile or approved composition 30-year laminated shingles or other approved roof material. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS / FENCING / SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4’ wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. Item 7 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on corner lots). 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4” caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4” caliper trees shall be planted in each side yard space abutting a street. Each lot shall include a least one evergreen tree. The species of the trees shall be selected from the Town’s Plant list for “Large Trees.” Item 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 I t e m 7 Item 7 Item 7 Item 7 I t e m 7 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend the Old Town Inset Map of the Future Land Use Plan from Old Town Core – Single Family to Old Town Core – Retail, located on the east side of Coleman Street, between Fifth Street and north of Seventh Street. (CA18-0001). [Companion Cases Z18-0002 and MD18-0003] History: This item was tabled at the May 22, 2018, Town Council meeting, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing be continued to the June 26, 2018, Town Council meeting, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Proposed Motion: I move to table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 8 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 0.7± acre from Single Family-15 (SF-15) to Downtown Retail (DTR), located on the southeast corner of Seventh Street and Coleman Street. (Z18-0002). [Companion Cases CA18-0001 and MD18-0003] History: This item was tabled at the May 22, 2018, Town Council meeting, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing be continued to the June 26, 2018, Town Council meeting, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Proposed Motion: I move to table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 9 Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Consider and act upon a request for a Façade Exception for Cornerstone, located on the southeast corner of Seventh Street and Coleman Street. (MD18-0003). [Companion Cases CA18-0001 and Z18-0002] History: This item was tabled at the May 22, 2018, Town Council meeting, per a request by the applicant. Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing be continued to the June 26, 2018, Town Council meeting, as outlined in the attached letter. Attached Documents: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends the Town Council table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Proposed Motion: I move to table this item and continue the Public Hearing to the June 26, 2018, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 10 To: Mayor and Town Council From: Kelly Neal, CGFO, CPM, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Consider and act upon awarding RFP No. 2018-56-A to Pattillo, Brown & Hill, L.L.P., related to financial audit services; and authorizing the Town Manager to execute the engagement letter for same. Description of Agenda Item: Section 7.18 of the Town Charter requires changing audit firms every five years. The previous audit firm provided services for two years. The Town requested proposals from qualified firms to provide financial audit services, including grant single audit services, and received five responses. Firms were required to submit information in order to facilitate evaluation. The evaluation committee was comprised of four staff members representing Administration and Finance. A two-step process was utilized to select a firm. The first step of the process was to arrive at a composite technical score for each firm, based on the following criteria: • qualifications; • references and experience with similar engagements; • scope and audit approach; • level of assistance with the CAFR; and • overall ability to meet or exceed the Town’s objective. The second step of the process was to open the sealed dollar cost proposals for the firms. Additional points were added to the technical scores, based on the proposed fees, to determine the final scores for each firm. Based on the results, the committee interviewed the top-ranked firms. After the interview and review of references, it is the recommendation of staff to award the engagement to Pattillo, Brown & Hill, L.L.P. The initial term of the engagement will be one year, with four optional one-year renewal periods. Budget Impact: The total cost for a five-year engagement is $242,900. The annual fee schedule will be as follows: • Year 1 $47,500 • Year 2 $47,500 • Year 3 $49,300 Prosper is a place where everyone matters. FINANCE Item 11 • Year 4 $49,300 • Year 5 $49,300 Subsequent annual expenditures will be subject to appropriations granted in future fiscal years. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the engagement letter, as to form and legality. Attached Documents: 1. Evaluation Matrix 2. Engagement Letter Town Staff Recommendation: Town staff recommends awarding RFP No. 2018-56-A to Pattillo, Brown & Hill, L.L.P., related to financial and single audit services; and authorizing the Town Manager to execute the engagement letter for same. Proposed Motion: I move to award RFP No. 2018-56-A to Pattillo, Brown & Hill, L.L.P related to financial and single audit services; and authorize the Town Manager to execute the engagement letter for same. Item 11 RF P N o . 2 0 1 8 - 5 6 - A EV A L U A T I O N M A T R I X - S T E P 1 T E C H N I C A L C O M P O S I T E S C O R E Ev a l u a t i o n C r i t e r i a We i g h t i n g P O I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SCOREPOINTS W E I G H T E D SCORE Qu a l i f i c a t i o n s ( S e c t i o n V I I . D . ) 20 % 7. 0 0 1 . 4 0 5 . 2 5 1 . 0 5 8 . 5 0 1 . 7 0 7 . 7 5 1 . 5 5 7 . 7 5 1 . 5 5 Re f e r e n c e s a n d E x p e r i e n c e w i t h S i m i l a r E n g a g e m e n t s ( S e c t i o n V I I . E . ) 25 % 8. 7 5 2 . 1 9 5 . 7 5 1 . 4 4 6 . 5 0 1 . 6 3 7 . 5 0 1 . 8 8 8 . 2 5 2 . 0 6 Sc o p e a n d A u d i t A p p r o a c h ( S e c t i o n V I I . F . ) 15 % 7. 5 0 1 . 1 3 5 . 5 0 0 . 8 3 6 . 7 5 1 . 0 1 7 . 2 5 1 . 0 9 7 . 2 5 1 . 0 9 Le v e l o f A s s i s t a n c e w i t h t h e C A F R ( S e c t i o n V I I . G . ) 15 % 7. 7 5 1 . 1 6 5 . 7 5 0 . 8 6 7 . 7 5 1 . 1 6 8 . 0 0 1 . 2 0 7 . 7 5 1 . 1 6 Ov e r a l l A b i l i t y t o M e e t t h e T o w n ' s O b j e c t i v e s ( S e c t i o n V I I . , A l l S u b m i t t a l D o c u m e n t s ) 15 % 7. 2 5 1 . 0 9 5 . 5 0 0 . 8 3 7 . 5 0 1 . 1 3 7 . 2 5 1 . 0 9 7 . 5 0 1 . 1 3 TO T A L 90 % 6 . 9 6 5 . 0 0 6 . 6 3 6 . 8 0 6 . 9 9 EV A L U A T I O N M A T R I X - S T E P 2 T E C H N I C A L C O M P O S I T E S C O R E + C O S T P R O P O S A L Ev a l u a t i o n C r i t e r i a We i g h t i n g P O I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SC O R E PO I N T S W E I G H T E D SCORE Qu a l i f i c a t i o n s ( S e c t i o n V I I . D . ) 20 % 7. 0 0 1 . 4 0 8 . 5 0 1 . 7 0 7 . 7 5 1 . 5 5 7 . 7 5 1 . 5 5 Re f e r e n c e s a n d E x p e r i e n c e w i t h S i m i l a r E n g a g e m e n t s ( S e c t i o n V I I . E . ) 25 % 8. 7 5 2 . 1 9 6 . 5 0 1 . 6 3 7 . 5 0 1 . 8 8 8 . 2 5 2 . 0 6 Sc o p e a n d A u d i t A p p r o a c h ( S e c t i o n V I I . F . ) 15 % 7. 5 0 1 . 1 3 6 . 7 5 1 . 0 1 7 . 2 5 1 . 0 9 7 . 2 5 1 . 0 9 Le v e l o f A s s i s t a n c e w i t h t h e C A F R ( S e c t i o n V I I . G . ) 15 % 7. 7 5 1 . 1 6 7 . 7 5 1 . 1 6 8 . 0 0 1 . 2 0 7 . 7 5 1 . 1 6 Ov e r a l l A b i l i t y t o M e e t t h e T o w n ' s O b j e c t i v e s ( S e c t i o n V I I . , A l l S u b m i t t a l D o c u m e n t s ) 15 % 7. 2 5 1 . 0 9 7 . 5 0 1 . 1 3 7 . 2 5 1 . 0 9 7 . 5 0 1 . 1 3 Co s t o f S e r v i c e s ( S e c t i o n V I I . M . ) 10 % 6. 5 1 0 . 6 5 4 . 8 0 0 . 4 8 9 . 3 3 0 . 9 3 1 0 . 0 0 1 . 0 0 TO T A L 10 0 % 7. 6 1 7. 1 0 7. 7 3 7.99 To t a l C o s t o f S e r v i c e s Ye a r 1 Ye a r 2 Ye a r 3 Ye a r 4 Ye a r 5 TO T A L EV A L U A T I O N M A T R I X - F I N A L S T E P I N T E R V I E W R A N K I N G S Ev a l u a t o r A Ev a l u a t o r B Ev a l u a t o r C Ev a l u a t o r D 34 8 , 5 0 0 . 0 0 $ 47 2 , 3 0 6 . 0 0 $ 24 2 , 9 0 0 . 0 0 $ 226,700.00 $ 44,100.00 $ 44,100.00 $ 45,600.00 $ 45,600.00 $ 47,300.00 $ 47 , 5 0 0 . 0 0 $ 47 , 5 0 0 . 0 0 $ 49 , 3 0 0 . 0 0 $ 49 , 3 0 0 . 0 0 $ 49 , 3 0 0 . 0 0 $ 88 , 9 2 0 . 0 0 $ 91 , 6 1 7 . 0 0 $ 94 , 3 8 7 . 0 0 $ 97 , 2 3 1 . 0 0 $ 10 0 , 1 5 1 . 0 0 $ 65 , 0 0 0 . 0 0 $ 67 , 3 5 0 . 0 0 $ 69 , 7 0 0 . 0 0 $ 72 , 0 5 0 . 0 0 $ 74 , 4 0 0 . 0 0 $ Whitley Penn, LLP BK D , L L P C r o w e H o r w a t h L L P P a t i l l o , B r o w n & H i l l , L. L . P . Wh i t l e y P e n n , L L P Mu l t i - S t e p R F P f o r F i n a n c i a l A u d i t S e r v i c e s BK D , L L P C a r r , R i g g s & I n g r a m , LL C Cr o w e H o r w a t h L L P P a t i l l o , B r o w n & H i l l , L.LP. Pa t i l l o , B r o w n & H i l l , L . L . P . W h i t l e y P e n n , L L P 1 1 1 1 2 2 2 2 Item 11 May 15, 2018 Town of Prosper 151 S. Main St. Prosper, Texas 75078 Dear Mayor, Town Council and Town Manager: You have requested that we audit the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of Town of Prosper, Texas, as of September 30, 2018, and for the year then ended, and the related notes to the financial statements, which collectively comprise Town of Prosper’s basic financial statements as listed in the table of contents. In addition, we will audit the entity’s compliance over major state award programs for the period ended September 30, 2018. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the entity’s major state award programs. Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, budgetary comparison information, and pension information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: •Management’s Discussion and Analysis. Item 11 •Budgetary Comparison Information. •Schedule of Changes in Net Pension Liability and Related Ratios. •Schedule of Pension Contributions. Supplementary information other than RSI will accompany Town of Prosper, Texas’ basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: •Combining and Individual Statements and Schedules. Schedule of Expenditures of State Awards We will subject the schedule of expenditures of state awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of state awards is presented fairly in all material respects in relation to the financial statements as a whole. Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements: •Introductory Section. •Statistical Section. Audit of the Financial Statements We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS), the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America; and the State of Texas’ Uniform Grant Management Standards (UGMS). Those standards and the State of Texas’ Uniform Grant Management Standards (UGMS) require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. Item 11 An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts and direct confirmation of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial institutions. As part of our audit process, we will request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards of the Comptroller General of the United States of America. In making our risk assessments, we consider internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Our responsibility as auditors is, of course, limited to the period covered by our audit and does not extend to any other periods. We will issue a written report upon completion of our audit of Town of Prosper, Texas’ basic financial statements. Our report will be addressed to the governing body of Town of Prosper, Texas. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. Audit of Major Program Compliance Our audit of Town of Prosper, Texas’ major state award programs compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended, the State of Texas’ Uniform Grant Management Standards (UGMS), and will include tests of accounting records, a determination of major programs in accordance with the State of Texas’ Uniform Grant Management Standards (UGMS) and other procedures we consider necessary to enable us to express such an opinion on major state award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. Item 11 The State of Texas’ Uniform Grant Management Standards (UGMS) requires that we also plan and perform the audit to obtain reasonable assurance about whether the entity has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major state award programs. Our procedures will consist of determining major state programs and performing the applicable procedures described in the State of Texas’ Uniform Grant Management Standards (UGMS) for the types of compliance requirements that could have a direct and material effect on each of the entity’s major programs. The purpose of those procedures will be to express an opinion on the entity’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the State of Texas’ Uniform Grant Management Standards (UGMS). Also, as required by the State of Texas’ Uniform Grant Management Standards (UGMS), we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the entity’s major state award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity’s major state award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management’s Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance acknowledge and understand that they have responsibility: 1.For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2.For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 3.For identifying all state awards expended during the period in accordance with the State of Texas’ Uniform Grant Management Standards (UGMS); 4.For maintaining records that adequately identify the source and application of funds for federally funded activities; 5.For preparing the schedule of expenses of state awards (including notes and noncash assistance received) in accordance with the State of Texas’ Uniform Grant Management Standards (UGMS) requirements; 6.For the design, implementation, and maintenance of internal control over state awards; Item 11 7.For establishing and maintaining effective internal control over state awards that provides reasonable assurance that the nonfederal entity is managing state awards in compliance with state statutes, regulations, and the terms and conditions of the state awards; 8.For identifying and ensuring that the entity complies with state statutes, regulations, and the terms and conditions of state award programs and implementing systems designed to achieve compliance with applicable state statutes, regulations, and the terms and conditions of state award programs; 9.For disclosing accurately, currently, and completely the financial results of each state award in accordance with the requirements of the award; 10.For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented; 11.For taking prompt action when instances of noncompliance are identified; 12.For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; 13.For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; 14.For submitting the reporting package to the appropriate parties; 15.For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance; 16.To provide us with: a.Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, and relevant to federal award programs, such as records, documentation, and other matters; b.Additional information that we may request from management for the purpose of the audit; and c.Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. 17.For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; 18.For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; Item 11 19.For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and 20.For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. With respect to any nonattest services we perform, such as preparation of financial statements and related note disclosures and the schedule of expenditures of state awards, the entity’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. Government Auditing Standards require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the financial statements and related schedules or disclosures as these actions are deemed a non-audit service. As part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Item 11 Engagement Administration, Fees and Timing We will schedule the engagement based in part on deadlines, working condition, and the availability of your key personnel. We will plan the engagement based on the assumption that you r personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If for whatever reason your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate. The timing of our audit will be scheduled for performance and completion as follows: Document internal control and preliminary tests August/September 2018 Mail confirmations October 2018 Perform year-end audit procedures December 5, 2018 Issue audit reports February 28, 2019 John K. Manning is the engagement partner for the audit services specified in this letter. His responsibilities include supervising Pattillo, Brown & Hill, L.L.P.’s services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. Our fees for these services will be at our standard hourly rates plus out -of-pocket cost (such as reports reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $47,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional cost. Other Matters During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. Our firm may transmit confidential information that you provided us to third parties in order to facilitate delivering our services to you. For example, such transmissions might include, but not be limited to investment information. We have obtained confidentiality agreements with all our service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that Item 11 they have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. We will remain responsible for the work provided by any third-party service providers used under this agreement. By your signature below, you consent to having confidential information transmitted to entities outside the firm. Please feel free to inquire if you would like additional information regarding the transmission of confidential information to entities outside the firm. The audit documentation for this engagement is the property of Pattillo, Brown & Hill, L.L.P. and constitutes confidential information. However, we may be requested to make certain audit documentation available to state agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of Pattillo, Brown & Hill, L.L.P.’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We agree to retain our audit documentation or work papers for a period of at least five years from the date of our report. Further, we will be available during the year to consult with you on financial management and accounting matters of a routine nature. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. We agree to retain our audit documentation or work papers for a period of at least five years from the date of our report. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor’s report to the date the financial statements are issued. At the conclusion of our audit engagement, we will communicate to management and those charged with governance the following significant findings from the audit: •Our view about the qualitative aspects of the entity’s significant accounting practices; •Significant difficulties, if any, encountered during the audit; •Uncorrected misstatements, other than those we believe are trivial, if any; •Disagreements with management, if any; •Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; •Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; •Representations we requested from management; Item 11 •Management’s consultations with other accountants, if any; and •Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. In accordance with the requirements of Government Auditing Standards, we have attached a copy of our latest external peer review report of our firm for your consideration and files. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements compliance over major state award programs including our respective responsibilities. We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff. Respectfully, Pattillo, Brown & Hill, L.L.P. John K. Manning, CPA Waco, Texas RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf of Town of Prosper, Texas by: Name: ______________________________________________________________ Title: _______________________________________________________________ Date: _______________________________________________________________ Item 11 Item 11 To: Mayor and Town Council From: Dudley Raymond R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Consider and act upon ratifying the Town Manager’s signature on the Park Facilities Agreement between the Town of Prosper, Prosper Partners, LP (Developer) and Parks at Legacy Homeowners' Association, Inc. (HOA) for the Parks at Legacy, and execute the First Amendment to Park Facilities Agreement, between Prosper Villages at Legacy LLC, predecessor-in-interest to Prosper Partners, LP, a Texas limited partnership, the Parks at Legacy Homeowners Association, Inc. and the Town of Prosper, Texas, related to park dedication and park improvement fees for the Parks at Legacy. Description of Agenda Item: At the March 27, 2018 Town Council meeting, Council approved a Property Exchange Agreement between Prosper Villages Legacy LLC., and the Town of Prosper for an approximately 0.37 acre parkland exchange. The developer needed to make this exchange as a result of the Prosper ISD desiring to purchase an elementary school site from the developer. This exchange of property straightened the southern common property line, which in turn makes the remaining tract more suitable for the layout of an elementary school. It was later determined that the property exchange agreement did not amend the exhibits of the existing Park Facilities Agreement between the Town of Prosper and Prosper Partners. The First Amendment will amend the exhibits in the existing Park Facilities Agreement to match the exhibits as approved in the Property Exchange Agreement. All of the existing deal points of the original agreement remain as drafted. The First Amendment only changes the property description and sketches. When reviewing the original Park Facilities Agreement, there was a procedural error on how it was executed. Town staff believed the Town Manager had the authority to sign the Park Facility Agreement without Council approval since the Town Council approved the parkland dedications via conveyance plat. The Park Facilities Agreement kept the parkland the same, added the use of the park improvement fees and added language that the developer would maintain the property until 70% of the development has been built out. This approval would ratify the Town Manager’s signature on the original Park Facilities Agreement. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the First Amendment to Park Facilities Agreement as to form and legality. PARKS & RECREATION Prosper is a place where everyone matters. Item 12 Attached Documents: 1. Property Exchange Agreement 2. Original Park Facilities Agreement 3. First Amendment to Park Facilities Agreement Parks and Recreation Board Recommendation: The Parks and Recreation Board considered the original Park Facilities Agreement at the April 10, 2014, meeting and voted to approve the agreement 6-0. Town Staff Recommendation: Town staff recommends that the Town Council ratify the Town Manager’s signature on the Park Facilities Agreement between the Town of Prosper, Prosper Partners, LP (Developer) and Parks at Legacy Homeowners' Association, Inc. (HOA) for the Parks at Legacy, and execute the First Amendment to Park Facilities Agreement, between Prosper Villages at Legacy LLC, predecessor- in-interest to Prosper Partners, LP, a Texas limited partnership, the Parks at Legacy Homeowners Association, Inc. and the Town of Prosper, Texas, related to park dedication and park improvement fees for the Parks at Legacy. Proposed Motion: I move to ratify the Town Manager’s signature on the Park Facilities Agreement between the Town of Prosper, Prosper Partners, LP (Developer) and Parks at Legacy Homeowners' Association, Inc. (HOA) for the Parks at Legacy, and execute the First Amendment to Park Facilities Agreement, between Prosper Villages at Legacy LLC, predecessor-in-interest to Prosper Partners, LP, a Texas limited partnership, the Parks at Legacy Homeowners Association, Inc. and the Town of Prosper, Texas, related to park dedication and park improvement fees for the Parks at Legacy. Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 After Recordinq Return to: Town Manager Town of Prosper P. O. Box 307 Prosper, Texas 75078 PARK FACILITIES AGREEMENT Parks at Legacy) THIS PARK FACILITIES AGREEMENT (the "Agreement") is made and entered into as of this a ,`day of J'a11 f 1 2014, by and between PROSPER PARTNERS, LP, a Texas limited partnership ("Developer"), PARKS AT LEGACY HOMEOWNERS' ASSOCIATION, INC., a Texas nonprofit corporation ("HOA"), and the TOWN OF PROSPER, TEXAS, a Texas home-rule municipality ("Town"), on the terms and conditions hereinafter set forth. WITNESSETH: WHEREAS, Developer owns approximately 96.62 acres of land in the Town, as more particularly described in and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Town has adopted park dedication fee requirements the "Park Dedication Fee Requirements") and park improvement fees the "Park Improvement Fees"), as well as relevant parkland provisions in the Town's Subdivision Ordinance No. 10-006 as they now exist or hereafter may be amended (collectively referred to herein as the "Ordinances"); and WHEREAS, Developer desires to fulfill its Park Dedication Fee Requirement obligations associated with the development of the Property as prescribed in the Ordinances; and WHEREAS, in consideration of Developer's actions set forth below, the Town agrees that Developer may fulfill its Park Dedication Fee Requirements and Park Improvement Fees obligations in the manner set forth below; and WHEREAS, Developer and the Town agree that use of the Property benefits residents of the Parks at Legacy development, specifically, and residents of the Town, as a whole, and WHEREAS, Developer shall cause the HOA to maintain the portion of the Property described on Exhibit B, attached hereto and incorporated herein for reference, for park purposes (the "Parkland") until Certificates of Occupancy for homes have been issued for 70% of the lots in the Property. PARK FACILITIES AGREEMENT—Page 1 Parks at Legacy) v6 Item 12 WHEREAS, Developer or HOA will maintain the improvements made by Developer to the Parkland at a level that is at or above the level at which Town normally and/or routinely maintains parkland in Town (the "Town Standards"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Town and Developer agree as follows: 1. Land Subiect to Agreement. The Parkland that is the subject of this Agreement is described in greater detail in attached Exhibit B, incorporated by reference. Developer represents that it is the sole owner of the Property. 2. Parkland Dedication. Developer shall, at its sole cost and expense, dedicate and convey the Parkland to Town by plat, in accordance with the Ordinances the conveyances referred to in this Paragraph are collectively referred to herein as the Dedications"). The Parkland shall be included within a final plat of a portion of the Property (the "Final Plat") and shall consist of fee simple title to approximately 6.73 acres of land for a neighborhood park and approximately 3.56 acres of land for a linear park located within the Property, as more particularly described in Exhibit B and depicted on Exhibit C attached hereto and incorporated herein by reference. The dedication of the Parkland by Developer shall be accepted by Town upon approval by Town of the Final Plat or upon approval by Town of a conveyance plat containing the Parkland, as determined by Town in its discretion. 3. Park Maintenance Obliqation. Maintenance of the Property shall be in accordance with the obligations set forth in this Agreement. a) HOA Maintenance Obligations. HOA agrees, at its sole cost and expense, to (i)mow and maintain the landscaping of the Parkland, and (ii) pay for irrigation water and maintenance of the irrigation system as required to keep the landscaping and turf healthy and in conformance with the Town Standards the "Maintenance Obligations"). HOA shall be responsible for any and all costs associated with the Maintenance Obligations until seventy percent (70%) of the lots located within the Development in its entirety have received a Certificate of Occupancy from Town, at which time the Town shall begin Town Maintenance Obligations. The Town and HOA agree that under no circumstances shall the Town be responsible for any part or portion of the costs associated, directly or indirectly, with the Maintenance Obligations until such time as the appropriate number of lots has been issued a Certificate of Occupancy by the Town. After such time as the appropriate number of lots has been issued a Certificate of Occupancy by the Town, the Town shall assume Maintenance Obligations. b) Special Conditions for Maintenance Obligations. The Town and HOA agree to the following conditions relative to either party's Maintenance Obligations: If the HOA chooses to continue the Maintenance Obligations after 70% of lots located within the Property have received a Certificate of Occupancy PARK FACILITIES AGREEMENT—Page 2 Parks at Legacy) V6 Item 12 from Town, a letter to the Town must be submitted to the Town for approval to this affect. c) Town Maintenance Obligations. Maintenance of the Parkland shall be the responsibility of the Town, once HOA Maintenance Obligations have been met. The Parkland shall be maintained in accordance the Town Standards. 4. Payment of Park Improvement Fees Reauirements. Notwithstanding any provision in this Agreement, the Property shall be assessed Park Improvement Fees in the amount of $450,000 ($1,500 per single family unit) in accordance with the Ordinances. Notwithstanding the Ordinances, the payment of and/or credits to the Park Improvement Fees shall be in accordance with the obligations set forth in this Agreement. 5. Credit for Park Improvement Fees. a) The Town and Developer agree that Developer shall receive credits against the Park Improvement Fees for the following improvements the "Park Improvements") to be constructed by Developer, which are more particularly described on Exhibit C attached hereto and made a part hereof: 1) an eight foot (8') wide, five inch (5") thick concrete hike and bike trail; 2) a graded open space area with turf established and irrigation; and 3) a playground. b) The Park Improvements are intended to be constructed in accordance with all applicable Town ordinances, rules and regulations, and substantially in accordance with the plans and specifications for construction of the Park Improvements listed on Exhibit C. To the extent either party desires to modify or amend such plans and specifications, such amendment will be approved by Developer and the Town, which approval will not be unreasonably withheld, conditioned or delayed by either. c) Prior to receiving any credit described in subparagraph (e) below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to Town, of the construction costs of the Park Improvements incurred and paid by Developer, including, Affidavits of Payment/Affidavits as to Debts and Liens (the "Evidence of Pavment(sj"). d) Notwithstanding anything to the contrary set forth herein or in the applicable Town ordinances, rules or regulations, the Town agrees that if in connection with construction of the Park Improvements any trees are required to be removed by Developer, Developer will notify the Town prior to any removal to determine whether the Developer is required to comply with any applicable tree mitigation or similar PARK FACILITIES AGREEMENT—Page 3 Parks at Legacy) v6 Item 12 requirements in any of the Town ordinances, rules or regulations. Any tree mitigation fees associated with the removal of such trees for Park Improvements will not be the responsibility of the Developer. e) Upon Developer providing Town the Evidence of Payment(s), Town will credit Developer and/or the Property (as to individual lots designated by Developer) for the amount of construction costs (the "Credit") set forth in the Evidence of Payment(s), which Credit will be applied toward the actual amount of the Park Improvement Fees due or that may become due on the Property. If the amount of the Credit exceeds the actual amount of the Park Improvement Fees which are then due by Developer and/or the Property, then the excess amount of the Credit will be carried forward to future phases of the Property and the unapplied balance of the Credit will be credited at such time as future Park Improvement Fees may be due for any future lots within the Property. If the Park Improvement Fees which are due on the Property at any time exceed the amount of the Credit available at such time, then Developer (or the applicable owner of the portion of the Property for which the Park Improvement Fees are due) shall tender the remaining balance of Park Improvement Fees owed under the Ordinances. The Town is not obligated to reimburse Developer for any excess costs. 6. Default. Prior to the exercise of any remedy by Town, Developer or HOA due to a default by the other party, (i) the non-defaulting party shall deliver a written notice to the defaulting party formally notifying in reasonable detail the defaulting party of its default, and (ii) the default(s) identified in the default notice shall not be a default hereunder and the non-defaulting party shall not exercise any remedy if the default is cured within ten (10) days following the defaulting party's receipt of such default notice; provided, that if such default is non-monetary and cannot reasonably be cured within such ten (10) day period, the defaulting party may have a reasonable period of time to cure such default if the defaulting party commences action to cure such default within such period of ten (10) days and thereafter diligently proceeds to cure such default and provided that such extended period does not exceed thirty (30) days. Notwithstanding anything to the contrary, the parties agree that if a default is not cured within the applicable time period, the non-defaulting party shall have the right to enforce any and all remedies it may have at law and in equity with respect thereto. 7. Covenant Runnina with Land. The obligations set forth herein relate to the Property, in whole and in part, and this Agreement shall be a covenant running with the land and the Property and shall be binding upon Developer and the HOA, as the case may be, and their respective successors, assignees, and grantees. In addition, the parties shall cause this Agreement to be filed in the Real Property Records of Denton County, Texas. Notwithstanding the foregoing, the obligations herein that burden the Property shall be released automatically as to each lot therein which is conveyed subsequent to the final plat for the Property, or portion thereof, being reviewed, approved and executed by the Town and filed in the Denton County Real Property Records. Any third party, including any title company, grantee or lien holder, shall be entitled to rely upon this Paragraph to establish whether such termination has occurred with respect to any lot. PARK FACILITIES AGREEMENT— Page 4 Parks at Legacy) v6 Item 12 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand—delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Town: Town of Prosper Attention: Town Manager 121 West Broadway P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 Facsimile: (972) 347-2111 With a copv to: Town Attorney 121 West Broadway P. O. Box 307 Prosper, Texas 75078 Telephone: (972) 346-2640 Facsimile: (972) 347-2111 If to Developer: Prosper Partners, LP Attention: Craig Curry 10950 Research Road Frisco, Texas 75033 Telephone: (214) 387-3993 Facsimile: (214) 387-3913 With a copv to: Charles A. Poche, Jr., Esq. Poche Law PC 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 Telephone: (214) 764-0961 Facsimile: (214) 764-0971 PARK FACILITIES AGREEMENT—Page 5 Parks at Legacy) v6 Item 12 If to HOA: PARKS AT LEGACY HOMEOWNERS' ASSOCIATION, INC. 10950 Research Road Frisco, Texas 75033 Telephone: (214) 387-3993 Facsimile: (214) 387-3913 With a coov to: Charles A. Poche, Jr., Esq. Poche Law PC 5400 LBJ Freeway, Suite 1200 Dallas, Texas 75240 Telephone: (214) 764-0961 Facsimile: (214) 764-0971 9. Captions and Headings. The captions and headings of the Sections of this Agreement are for convenience and reference only and shall not affect, modify or amplify the provisions of this Agreement nor shall they be employed to interpret or aid in the construction of this Agreement. 10. Application of Texas Laws and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas. 11. Prevailina Partv in Event of Legal Action. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 12. Entire Aqreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. 13. Invalidation. Invalidation of any one of the provisions of this document by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 14. Telecopied Facsimile. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein. PARK FACILITIES AGREEMENT—Page 6 Parks at Legacy) V6 Item 12 15. Town Manager Authorized to Execute. The Town Council hereby authorizes the Town Manager of the Town of Prosper to execute this Agreement on behalf of the Town. 16. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 17. Binding Obliqation. The Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Developer to same. Further, this Agreement is and shall be binding upon Developer, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. HOA warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind HOA to same. Further, this Agreement is and shall be binding upon HOA, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future. 18. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to mediation. 19. Roughly Proportionate Determination under Texas Law. Developer and HOA have been represented by legal counsel in the negotiation of this Agreement and been advised, or have had the opportunity to have legal counsel review this Agreement and advise Developer and HOA, regarding Developer's and HOA's rights under Texas and federal law. Developer and HOA hereby waive any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town in this Agreement, if any, as a condition of zoning approval, including the terms of this Agreement, are roughly proportional or roughly proportionate to the Project's anticipated impact. Developer and HOA specifically reserve their rights to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer and HOA hereby waive and release the Town from any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure improvements required by this Agreement. This Paragraph shall survive the termination of this Agreement. 20. Rouqh Proportionalitv Determination under Federal Law,. Developer and HOA hereby waive any federal constitutional claims and any statutory or state constitutional takings claims under the Texas Constitution and Chapter 395 of the Texas PARK FACILITIES AGREEMENT—Page 7 Parks at Legacy) v6 Item 12 Local Government Code in regard to this Agreement. Developer, HOA and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements in this Agreement, if any, mandated by the United States Supreme Court in Down v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement. Developer and HOA further acknowledge that the benefits of zoning and platting have been accepted with full knowledge of potential claims and causes of action which may be raised now and in the future, and Developer and HOA acknowledge the receipt of good and valuable consideration for the release and waiver of such claims. This Paragraph shall survive the termination of this Agreement. 21. Vested Rights / Chapter 245 Waiver. The signatories hereto shall be subject to all ordinances of Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code, and nothing in this Agreement provides Town with fair notice of Developer's and HOA's project. This Paragraph shall survive the termination of this Agreement. 22. Developer's Warranties / Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to Town under this Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by Town or on Town's behalf. 23. HOA's Warranties / Representations,. All warranties, representations and covenants made by HOA in this Agreement or in any certificate or other instrument delivered by HOA to Town under this Agreement shall be considered to have been relied upon by Town and will survive the satisfaction of any fees and/or payments made under this Agreement, regardless of any investigation made by Town or on Town's behalf. 24. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 25. Sovereian Immunity. The parties agree that Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement, except as to Chapter 271, Subchapter I of the Local Government Code. 26. No Third Partv Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. PARK FACILITIES AGREEMENT— Page 8 Parks at Legacy) v6 Item 12 27. Convevances. All conveyances required herein shall be made in a form acceptable to Town and free and clear of any and all liens and encumbrances. 28. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] PARK FACILITIES AGREEMENT—Page 9 Parks at Legacy) v6 Item 12 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. TOWN: THE TOWN OF PROSPER, TEXAS Y Name: Harlon gagcer,on Title: Town Town of Prosper STATE OF TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the aj)t ay of 2014, by Harlan Jefferson, Town Manager of the Town of Prosper, TexA, on behalf of the. of Prosper. SEAL] C' Notary Public, State of Te s a 2 ti PARK FACILITIES AGREEMENT— Page 10 Parks at Legacy) v6 Item 12 DEVELOPER: PROSPER PARTNERS, LP, a Texas limited partnership By: Prosper Partners GP, LLC, a Texas limited liability company, General Partner 66a ig urry Manager STATE OF TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the ICS day ofL)_Iv\je 20J1, by Craig Curry, Manager of Prosper Partners GP, LLC, a Texas limited liability company, General Partner of Prosper Partners, LP, a Texas limited partnership, in the capacity herein stated. SEAL] t tl GAY L.RODER rotary Public, State of Texas MY COMMISSION EXPIRES August 9,2014 ids PARK FACILITIES AGREEMENT—Page 11 Parks at Legacy) v6 Item 12 HOA: PARKS AT LEGACY HOMEOWNERS' ASSOCIATION, INC., a Texas nonprofit corporation By: Name: Title: STATE OF TEXAS COUNTY OF COLLIN ) This in r L ument has acknowledged before me the (' day of xv.C , 201 , by f C(^C- C-(-It 1 \ the - CC6 of the PARKS AT LEGACY-)HOMEOWNERS' ASSOCIATION, INC., in the capacity herein stated. SEAL] GAY L.RODER Notary Publjc, State of Texas MY COMMISSION EXPIRES August 9,2014 PARK FACILITIES AGREEMENT—Page 12 Parks at Legacy) V6 Item 12 Exhibit A Leqal Description of the Property and Preliminary Plat. Being a tract of land situated in the L. Netherly Survey, Abstract Number 962, Town of Prosper, Denton County, Texas, being a portion of that tract of land described by deed to Prosper Partners, LP recorded in Instrument Number 2008-22064 Real Property Records, Denton County, Texas and more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the northwest corner of said Prosper Partners tract, in the south line of Fishtrap Road (no record found), and being in the east line of that tract of land described by deed to Florence Jackson recorded in Volume 1001, Page 929 of said Real Property Records: THENCE with the north line of said Prosper Partners tract the following bearings and distances: N 89°03'40"E, 2371.32 feet; N 66 046'44"E, 833.95 feet; THENCE S 64 027'33"E, 84.11 feet departing said south line, over and across said Prosper Partners tract the following courses and distances: S 44 046'26"E, 229.75 feet; S 49 037'20"E, 195.23 feet; S 23°45'10"W, 415.57 feet; S 66 046'44"W, 910.50 feet; S 69°03'11"W, 77.01 feet; S 76 002'46"W, 76.24 feet; S 04 034'46"W, 29.25 feet; S 21033'26"W, 722.29 feet to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 245.04 feet, through a central angle of 10°32'29", having a radius of 1331.86 feet, the long chord which bears N 86 019'32"W, 244.69 feet; THENCE S 88 024'14"W, 1871.62 feet, to the east line of aforementioned Florence Jackson tract; THENCE N 00 020'58"E, 1480.85 feet, with said east line, to the Point of Beginning and containing 4,209,032 square feet or 96.626 acres of land more or less. Exhibit A—Legal Description of the Property and Preliminary Plat— Page 1 Parks at Legacy) v6 Item 12 I, Y L J 1 1.1114', N 9 1 e":li `T1}, _ 0 _j,r, I',° 11-•- 1 g k9 PEP 911 r b I 7^` 1`' 43 s •i a i d s 6 A v I rt Exhibit A—Legal Description of the Property and Preliminary Plat—Page 2 Parks at Legacy) v6 Item 12 t s e a v6 mrnary Plat, Page 3 to wil WIt a pescr Pt\on o{the Property and Pre lbit a yl 99a y-e9 Item 12 i 3`_' '•t'•i:,i e5 7 F ri, 7yt;is%I• i i 4 I I as 3 I y7 irys Exhibit A— Legal Description of the Property and Preliminary Plat— Page 4 Parks at Legacy) v6 Item 12 Exhibit B Legal Description of the Parkland Neiqhborhood Park Being a tract of land situated in the L. Netherly Survey, Abstract Number 962, City of Prosper Denton County, Texas, being a portion of that tract of land described by deed to Prosper Partners, L.P. as recorded in Instrument Number 2008-22064, Real Property Records, Denton County, Texas, and being more particularly described as follows: Commencing at a 1/2 inch iron rod found at the northwest corner of said Prosper Partners, L.P. tract, being in the south right-of-way line of Fishtrap Road (a called 60 foot right-of-way), and being in the east line of that tract of land described by deed to Two-J Partners, LLLP as recorded in Instrument Number 2008-50523, said Real Property Records; THENCE N 89 003'40"E, 1274.87 feet with the common north line of said Prosper Partners, L.P. tract and said south right-of-way line; THENCE S 00 056'20"E, 516.00 feet to the Point of Beginning; THENCE N 44 003'40"E, 21. 21 feet; THENCE N 89 003'40"E, 735.81 feet; THENCE S 45 056'20"E, 21.21 feet; THENCE S 00 056'20"E, 41.53 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 26.26 feet, through a central angle of 30°05'18", having a radius of 50.00 feet, the long chord which bears S 14 006'19"W, 25.96 feet to the beginning of a reverse curve to the left; THENCE with said reverse curve to the left, an arc distance of 121.77 feet, through a central angle of 139°32'15", having a radius of 50.00 feet, the long chord which bears S 40 037'10"E, 93.83 feet to the beginning of a reverse curve to the right; THENCE with said reverse curve to the right, an arc distance of 26.29 feet, through a central angle of 30 007'39", having a radius of 50.00 feet, the long chord which bears N 84040'31"E, 25.99 feet; THENCE S 80 015'39"E, 49.60 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 31.10 feet, through a central angle of 03°35'59", having a radius of 495.00 feet, the long chord which bears S 82 003'36"E, 31.09 feet; THENCE S 40 013'28"E, 21.40 feet to the beginning of a non-tangent curve to the right; Exhibit B— Legal Description of the Parkland —Page 1 Parks at Legacy) v6 Item 12 THENCE with said non-tangent curve to the right, an arc distance of 97.78 feet, through a central angle of 16°00'25", having a radius of 350.00 feet, the long chord which bears S 13°33'14"W, 97.46 feet; THENCE S 21033'26"W, 139.56 feet; THENCE S 66 033'26"W, 21.21 feet THENCE N 68 026'34"W, 36.46 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 157.05 feet, through a central angle of 22°29'46", having a radius of 400.00 feet, the long chord which bears N 79°41'27"W, 156.05 feet; THENCE S 89 003'40"W, 116.53 feet; THENCE N 00 056'20"W, 150.00 feet; THENCE S 89 003'40"W, 178.35 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 44.30 feet, through a central angle of 03 000'28", having a radius of 843.92 feet, the long chord which bears S 87°33'26"W, 44.30 feet; THENCE S 03 056'48"E, 150.00 feet to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 148.64 feet, through a central angle of 12°16'21", having a radius of 693.92 feet, the long chord which bears S 79 055'02"W, 148.35 feet to the beginning of a reverse curve to the right; THENCE with said reverse curve to the right, an arc distance of 163.51 feet, through a central angle of 11 047'26", having a radius of 794.55 feet, the long chord which bears S 79°40'34"W, 163.22 feet; THENCE N 47 025'33"W, 20.68 feet; THENCE N 00 056'20"W, 391.31 feet to the Point of Beginning and containing 293,284 square feet or 6.733 acres of land more or less. Linear Park Being a tract of land situated in the L. Netherly Survey, Abstract Number 962, City of Prosper Denton County, Texas, being a portion of that tract of land described by deed to Prosper Partners, L.P. as recorded in Instrument Number 2008-22064, Real Property Records, Denton County, Texas, and being more particularly described as follows: Commencing at a 1/2 inch iron rod with plastic cap stamped "Smith" found, at the northeast corner of said Prosper Partners, L.P. tract, being in the south right-of way line of Fishtrap Road a called 60 foot right-of-way), and being the northwest corner of that tract of land described by deed to Blue Star Allen Land, L.P. recorded in Instrument Number 20110630000676920 Official Public Records, Collin County, Texas; Exhibit B—Legal Description of the Parkland — Page 2 Parks at Legacy) v6 Item 12 THENCE S 66 046'44"W, 1119.65 feet with the common north line of said Prosper Partners, L.P. tract and said south right-of-way line; THENCE S 23 013' 16"E, 15.00 feet, leaving said right-of-way line to the Point of Beginning; THENCE S 64 027'33"E, 64.16 feet; THENCE S 44 046'26"E, 229.75 feet; THENCE S 49 037'20"E, 195.23 feet; THENCE S 23 045'10"W, 415.57 feet; THENCE N 23 013'16"W, 124.00 feet; THENCE N 64 051'16"W, 20.00 feet to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 63.31 feet, through a central angle of 48°22'00", having a radius of 75.00 feet, the long chord which bears N 00°57'44"E, 61.45 feet; THENCE N 23 013' 16"W, 149.40 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 52.36 feet, through a central angle of 60°00'00", having a radius of 50.00 feet, the long chord which bears N 06 046'44"E, 50.00 feet to the beginning of a reverse curve to the left; THENCE with said reverse curve to the left, an arc distance of 113.25 feet, through a central angle of 129°46'28", having a radius of 50.00 feet, the long chord which bears N 28°06'30"W, 90.55 feet; THENCE N 80 040'04"W, 78.21 feet; THENCE S 66 046'44"W, 120.36 feet; THENCE N 23 013' 16"W, 200.35 feet; THENCE N 66 046'44"E, 247.42 feet to the Point of Beginning and containing 155,386 square feet or 3.567 acres of land more or less. Exhibit B—Legal Description of the Parkland — Page 3 Parks at Legacy) v6 Item 12 Exhibit C The Park Improvements i i• sty„. .: . Exhibit C—The Park Improvements— Page 1 Parks at Legacy) v6 Item 12 c4 1 THE PARKS AT LEGACI awaeq" 71ANr+EN•rtn4W,tt"... 0 _ UL J U r Y s x cu W a Item 12 Preimkrary Cast Estimate The Parks at legacy Town of Prosper,Terms 8y: Coc>ylohnson,ASIA,r1 Date: 4/3/2014 Studio 13 Design Group,PLLC Studio 13 Project#TLR002 A. We k hborhood P%rk I I 1t! 1 1 i I LAS ISiteGracing and Preparations 5500000 [ $5,500.00 2 1 7 I LS [Barrier Free Ramp I $1,400.00 I $9,800.00 3 1 27,840 I SF I g-o'Width Concrete Trail I $4.25 I $118,320.00 4 1 1,310 I SF [5-0`Width Concrete Sidewalk I $3.75 [ $4,912.50 5 I 1,584 ( SF IPlayeround Concrete Sidewalk around I $3.75 I $5,940.00 6 1 46 I EA IT CaliperTrees I $350.00 I $16,100.00 7 [ 4 I LS [Bench Seats 950.00 [ $3,800.00 8 1 2 1 LS [Trash Receptacles I $650.00 I $1,300.00 9 [ 1 1 LS IPlayground Facility I $153,425.00 [ $153,425.00 101 299,334 1 SF ICommon Bermuda Solid Sod I $0.35 I $104,,766.90 it 1 299,334 1 SF IComplete Irrigation System 0.40 [ $119,733.60 IPrairierail Reimbursement along Fi trap& 121 6,692 I SF I $4.25 I $28,441.00 131 1,869 1 SF IWi ngOak sernentalangwndsor& $ 4.25 I $7,943.25 6rard Took I S5n9w.25 Pepe i TLR002-Park Estimate Maximum Park Improvement Fees to be credited is $450,000.00. Exhibit C—The Park Improvements— Page 3 Parks at Legacy) V6 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 Item 12 To: Mayor and Town Council From: Steve Glass P.E., Senior Engineer, CIP Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 12, 2018 Agenda Item: Consider and act upon awarding Bid No. 2018-75-B, to RKM Utility Services, Inc., related to construction services for the Prosper Trail (Kroger to Coit Road) project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On May 29, 2018, at 4:00 PM, six bids were opened for the Town of Prosper Bid No. 2018-75-B Paving and Drainage Improvements Prosper Trail (Kroger to Coit Road) project. The verified totals from the bidders ranged between $6,177,871.90 and $4,385,480.30, with RKM Utility Services, Inc., being the low bidder. The scope of this contract includes the widening of Prosper Trail from a two-lane rural section to a four-lane curb and gutter section with median, starting approximately 1,000 feet east of Preston Road, going east to Coit Road. This includes all necessary storm drainage, grading, paving, irrigation, landscaping, and conduit for future street lights for this widening project. Work in this contract is scheduled to be complete by Summer 2019. Budget Impact: $4,210,308 was approved in the FY 2016-2017 Budget for the cost of this project, and an additional $300,000 was transferred to this project from the cost savings achieved in the Streets Department budget by not constructing the Prosper Tail Reconstruction (Coit Road-Custer Road) project. The proposed construction cost of $4,385,480.30 will be funded by account 750-6610-10- 00-1511-ST, Prosper Trail (Kroger to Coit). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Prosper is a place where everyone matters. ENGINEERING Item 13 Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2018-75-B, to RKM Utility Services, Inc., related to construction services for the Prosper Trail (Kroger to Coit Road) project; and authorizing the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2018-75-B, to RKM Utility Services, Inc., related to construction services for the Prosper Trail (Kroger to Coit Road) project; and authorizing the Town Manager to execute a construction agreement for same. Item 13 LOCATION MAP Item 13 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL (KROGER-COIT) BID OPENING: 5/29/2018 at 4:00 PM Grand Total RKM Utility Services, Inc. $ 4,385,480.30 Tiseo Paving Company $ 4,699,562.92 McMahon Contracting, L.P. $ 5,091,729.36 Mario Sinacola & Sons Excavating, Inc. $ 5,505,096.90 Ed Bell Construction Company $ 5,748,685.89 Accelerated Critical Path, Inc. $ 6,177,871.90 Certified By: January M. Cook, CPPO, CPPB Date: 5/30/2018 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 13 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL (KROGER- COIT) BID NO. 2018-75-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Item 13 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................... 1 LEGAL NOTICE ............................................................................................................................... 2 INSTRUCTIONS TO BIDDERS........................................................................................................ 3 BID PROPOSAL FORM ................................................................................................................... 4 BID BOND ...................................................................................................................................... 15 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................................. 17 CONSTRUCTION AGREEMENT ................................................................................................... 18 PERFORMANCE BOND ................................................................................................................ 33 PAYMENT BOND ........................................................................................................................... 36 MAINTENANCE BOND .................................................................................................................. 39 GENERAL CONDITIONS ............................................................................................................... 42 SPECIAL CONDITIONS ................................................................................................................. 57 TECHNICAL SPECIFICATIONS .................................................................................................... 79 Item 13 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2018-75-B_Paving and Drainage Improvements- Prosper Trail (Kroger-Coit). Bids will be accepted until 2:00 P.M. on Thursday, May 17, 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 widening Prosper Trail from a two lane rural section to four lane curb and gutter with a median. This includes all necessary storm drainage, grading, paving, irrigation and landscaping for the construction of this project. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of t he 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 the Town of Prosper Engineering Department office, located at 409 E. First Street, Prosper, Tx 75078 without charge. These documents may be acquired for the non-refundable purchase price of $125 per set payable to Graham Associates, Inc. Consulting Engineers & Planners, 600 Six Flags Drive, Ste 500, Arlington, TX 76011, (817) 640-8535. Please allow 24 hrs. for printing. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, May 11, 2018, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Item 13 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, May 17, 2018. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and BID NO. 2018-75-B, PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Engineering Department 409 E. First Street Prosper TX. 75078 Phone: (972) 569-1198 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 6. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, May 11, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non -resident bidder (out -of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non -resident bidder in order to obtain a comparable contract in the state in which the non -resident's principal place of business i s 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 L aw. The exact language of the statute is set out below. Non -resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By Company (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 18 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 RKM Utility Services, Inc., a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in considerat ion 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. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 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; Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 19 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 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 Four Million Three Hundred Eighty-Five Thousand Four Hundred Eighty Dollars and Thirty cents ($4,385,480.30). 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 365 calendar days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 20 D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND 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. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 21 INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) 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. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 22 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (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. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 23 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 24 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 25 (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 26 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. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. 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; Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 27 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. 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. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 28 I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. 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. Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 29 L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 30 materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one- year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 31 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. 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 Item 13 PAVING AND DRAINAGE IMPROVEMENTS PROSPER TRAIL- (KROGER-COIT) BID NO. 2018-75-B 32 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. RKM UTILITY SERVICES, INC. ONTRACTOR TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 2105 Waterview Pkwy Richardson, TX 75080 Phone: (972) 241-2621 Fax: (972) 241-2624 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346-2640 Fax: (972) 569-9335 ATTEST: ROBYN BATTLE Town Secretary Item 13 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. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 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 Item 13 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 Benef iciary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ______________________________ Signature Signature ____________________________________ _________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ _________________________________ Title Title ____________________________________ ________________________________ Address Address ____________________________________ _________________________________ City State Zip City State Zip ____________________________________ _________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 13 ATTEST: SURETY: By: _________________________________ By: ______________________________ Signature Signature ____________________________________ _________________________________ Printed Name Printed Name ____________________________________ _________________________________ Title Title ____________________________________ _________________________________ Address Address ____________________________________ _________________________________ City State Zip City State Zip ___________________________________ ________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 13 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________ __, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day of _________________, A.D. 20___, a copy of which is attached hereto and made a part hereof, to furnish all materials, equ ipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 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 Item 13 waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. 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 ATTEST: SURETY: By: _________________________________ By: ______________________________ Signature Signature ____________________________________ _________________________________ Printed Name Printed Name ____________________________________ _________________________________ Title Title ____________________________________ _________________________________ Address Address ____________________________________ _________________________________ City State Zip City State Zip [Signatures continued on following page.] Item 13 ____________________________________ __________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 13 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. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 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 Item 13 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. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: _________________________________ Company Name By: _________________________________ By: ______________________________ Signature Signature ____________________________________ _________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ _________________________________ Title Title ____________________________________ _________________________________ Address Address ____________________________________ _________________________________ City State Zip City State Zip ___________________________________ _________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 13 ATTEST: SURETY: By: _________________________________ By: ______________________________ Signature Signature ____________________________________ ________________________________ Printed Name Printed Name ____________________________________ ________________________________ Title Title ____________________________________ _________________________________ Address Address ____________________________________ _________________________________ City State Zip City State Zip ___________________________________ _________________________________ Phone Fax Phone Fax Item 13 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: Item 13 (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as 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 Item 13 contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (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 Item 13 CONTRACTOR, except where such delays are specifically mentioned elsewhere in t he 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, m ethod 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 witho ut the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this 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 lim itation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or Item 13 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 dir ections given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether 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 Item 13 full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the 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. Item 13 (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or propert y arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval f rom 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 Item 13 completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNE R’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 Item 13 channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. 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. Item 13 Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety s ystem 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 wi th 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. Item 13 (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in-place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. Item 13 The OW NER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (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: Item 13 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, a nd 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 "actu al field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, Item 13 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, 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 a nd his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to Item 13 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 the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Item 13 SPECIAL CONDITIONS BID NO. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) Table of Contents Non-Pay Items ......................................................................................................................... 58 Non-Pay Item 806.4 Castings ............................................................................................. 58 Non-Pay Item 303.2.1 Aggregates for Portland Cement Concrete Pavement ................... 58 Non-Pay Item 303.2.4 Mineral Admixtures ......................................................................... 59 Non-Pay Item 502.7 Preformed Flexible Joint Sealant ....................................................... 59 Non-Pay Item 402.3 Sawing (Existing Pavement) .............................................................. 59 Pay Item Descriptions ............................................................................................................. 59 Item 201.3 Erosion Control and SWPPP ................................................................................ 59 Item 201.15 Erosion Control Blanket ...................................................................................... 59 Item 202.2 Topsoil ................................................................................................................... 60 Item 202.5 Block Sodding ....................................................................................................... 60 Item 202.6 Hydro-Mulch Seeding ............................................................................................ 60 Item 203.3 Preparing Right-of-Way ......................................................................................... 61 Item 203.4 Excavation ............................................................................................................. 61 Item 203.5 Channel Excavation .............................................................................................. 61 Item 203.7 Embankment ......................................................................................................... 62 Item 301.2 Lime Slurry ............................................................................................................ 63 Item 301.5 Roadbed Base ....................................................................................................... 63 Item 303.2 Concrete Pavement .............................................................................................. 63 Item 303.9 Asphalt Concrete Pavement ................................................................................. 64 Item 305.1 Monolithic Curb ..................................................................................................... 64 Item 305.2 Sidewalk ................................................................................................................ 64 Item 305.4 Concrete Sheet Header ........................................................................................ 65 Item 501.6 Reinforced Concrete Storm Sewer Pipe ............................................................... 65 Item 501.6 Reinforced Concrete Box Culvert ......................................................................... 66 Item 502.12 Manholes, Junction Boxes, and Inlets ................................................................ 66 Item 502.12 Concrete Headwalls and Wingwalls.................................................................... 67 Item 803.3 Rock Riprap - 12”, 18” and 24” ............................................................................. 67 Item 504.1 Trench Safety ........................................................................................................ 68 Item 504.6 Cement Stabilized Backfill..................................................................................... 69 Item 644.2060 Remove Existing Signs ................................................................................... 69 Item 644.0 Sign Assembly, Large and Small .......................................................................... 70 Item 801.1 Barricades, Signs & Traffic Handling .................................................................... 70 Item 803.3 Grouted Rock Rip-Rap .......................................................................................... 70 Item 804.2 Pavement Markings .............................................................................................. 71 Item 805.3 Conduits ................................................................................................................ 79 Item 13 As stated in the General Provisions, the North Central Texas Council of Governments, Standard Specifications for Public Works Construction, 2004 (NCTCOG) will be utilized as a basis for both general and technical procedures to include types of materials and construction procedures used in the Town of Prosper. The following specifications are intended to (1) highlight requirements in the NCTCOG found on most projects in the Town of Prosper, (2) make specific requirements for materials or procedures where the NCTCOG gives options, and (3) specify provisions for deviation from the NCTCOG. The following specifications are also numbered in accordance with the NCTCOG to aid in location more specific requirements. Conflicts sometime arise when Town of Prosper provisions conflict with either the plans for the project or the North Central Texas Council of Government specifications. The following order of precedence shall generally be followed in case of conflicts; however, the Town Engineer shall make the final determination: 1. Town of Prosper construction plans 2. Town of Prosper project specifications 3. NCTCOG Standard Specifications, 2004 or TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, November 1, 2014 Payment sections of the specifications shall apply to this project. Payment sections of the specifications include all material, labor, and equipment necessary to complete the project. Bid Items not listed below will be measured and paid for as stated in the NCTCOG specifications. Non-Pay Items The following items are specifically applicable to the construction of the project, but shall not be paid for separately. Item numbers refer to NCTCOG Standard Specification Items. Pay item descriptions follow these non-pay items. Non-Pay Item 806.4 Castings General: Provide and install inlet frames with covers for storm sewer inlets as specified in plans. Covers shall be 200 lbs. in strength and shall include 1 minimum pick slot. Inlet Rings: Inlet ring and covers shall be locking. The cover dimension shall be 24 3/8”, the internal ring opening shall be 21 ¾”, and the greatest external dimension shall be 26 ¼”. The height of the overall ring shall be six inches. The ring and cover shall have a weight of 155 pounds. Materials shall meet NCTCOG specification 806.4. Payment: Frames, rings and covers are subsidiary to inlets and junction boxes; therefore there is no separate payment for this item. Non-Pay Item 303.2.1 Aggregates for Portland Cement Concrete Pavement 303.2.1.2 - Fine Aggregates – Natural sand or a combination of natural and manufactured sand. Maximum percentage of manufactured sand shall be 50% by weight. Item 13 Non-Pay Item 303.2.4 Mineral Admixtures Fly ash will be allowed. The maximum replacement amount of fly ash for concrete shall be 25% by weight. Non-Pay Item 502.7 Preformed Flexible Joint Sealant Approved sealants are Ram-Nek, Talco or approved equal. Non-Pay Item 402.3 Sawing (Existing Pavement) General: This item shall provide for sawing existing concrete pavement, driveways and sidewalks where noted on the plans. The saw cut shall be the full depth of the concrete slab to be removed. Any damage to concrete slabs which are marked to be saved will be the direct responsibility of the Contractor. Saw cuts for new concrete pavements are not part of this item of work. All sawing of asphalt pavements shall follow the same. Payment: Sawing shall not be measured for payment, but shall be considered subsidiary to other pay items. Pay Item Descriptions The following descriptions refer to specific or general pay items in this contract. The descriptions clarify or elaborate on the NCTCOG or TxDOT Standard Specification provisions. Where descriptions are not provided below for items found in the proposal section, the provisions and payment of the applicable NCTCOG or TxDOT Standard Specifications will prevail. Item 201.3 Erosion Control and SWPPP This item shall provide full compensation for the preparation and execution of the Storm Water Pollution Prevention Plan (SWPPP) for all monitoring and reporting, and for the maintenance of all erosion control devices. Refer to the SWPPP for specific maintenance, training, and other requirements. Payment: Payment for this item shall be at the lump sum price bid and shall include all labor, equipment, materials, inspections, reporting, and incidentals required to prepare the SWPPP and to perform the work as described in the SWPPP and as shown on the plans. Item 201.15 Erosion Control Blanket Erosion control blanket (ECB) is used as a temporary product over disturbed areas to limit the effects of erosion caused by runoff and rainfall. Construction: Prior to installation, all obstructions such as rocks, slumps and trash should be removed allowing the blanket to be in direct contact with the soil. Anchor trenches shall be located along the entire perimeter of the blanket except small areas with less than 2% slope. These trenches should be 6-inches deep and 6-inches wide and the blanket shall be laid into the trench then backfilled with compacted soil or gravel. Installations should be in accordance to the manufacturer’s instructions. Item 13 Payment: Payment is included in the Contract as a unit price item. The quantity of this item will be represented in square yard of material installed in place ad ready for use as an erosion control surface treatment. Item 202.2 Topsoil General: Topsoil from excavated areas shall be stockpiled in order to fill behind the curb. The topsoil material shall be of the black loam type wit suitable properties for growth of grass or shrubs. Topsoil shall be placed a minimum 4 inches deep. All material to be used for topsoil must be approved by the Engineer prior to placement. All none soil items such as concrete, wood, grass, etc. will not be allowed as topsoil material. The quantity of topsoil shown in the proposal is based on all areas within the daylight line that are not to be paved, along with the ditches outside the right-of-way. Payment: Payment shall be at the unit price bid per square yard, at a thickness of 4 inches. Item 202.5 Block Sodding Sodding consists of planting grass as specified on plans in accordance with requirements. Sod shall be an approved hybrid of common Bermuda grass, or an approved Zoysiagrass. Sod shall consist of stolons, leaf blades, rhizomes, and roots with healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than 0.75-inches. Sod shall be alive, healthy, vigorous, free of insects, disease, stones, and undesirable foreign materials, weeds and grasses deleterious to its growth for which might affect its subsistence or hardiness when transplanted. Construction: After the completion of the designated areas according to grading plans and cross sections shown, sodding shall be performed in accordance with the requirement described. Sod material should be kept moist from the time it is dug until planted. Care shall be taken at all times to retain native soil on the roots of the sod during the process of excavating, hauling and planting. Sod material shall be planted within 3 days after it is excavated unless preserved by techniques such as shrink wrapping and transporting in refrigerated trucks. Payment: Sodding shall be measured for payment in square yards (yd2) of sodded area in accordance with the plans. Sodding shall be paid for at the unit price per square yard (yd2), complete in place. The contract unit price shall be the total compensation for furnishing and placing all sod, for all rolling and tamping, for all water, for disposal of all surplus material, and for all material, labor, equipment, tools, and incidentals necessary to complete the work, all in accordance with the plans. Item 202.6 Hydro-Mulch Seeding General: In addition to the requirements of NCTCOG Item 202.6, hydro-mulch must be sprouted and must achieve 75% healthy established ground coverage prior to the removal of erosion control devices and must achieve full coverage within the 2-year maintenance period. Regular watering to establish growth is included in this item. The quantity of hydro -mulch shown in the proposal is based on all areas within the daylight line that are not to be paved, along with the ditches outside the right-of -way. This item will be a plans quantity measurement item and the quantity to be paid for will be that quantity shown in the proposal. However, all areas disturbed Item 13 by the Contractor during the course of construction must be stabilized. Hydro-mulch needed outside the limits described above will not be paid for separately, but will be considered subsidiary to the quantity shown. Payment: Payment for this item shall be at the contract unit price per each square yard of hydro- mulch installed as specified in NCTCOG Item 202.6. Price bid for this item includes watering and mowing vegetated areas regularly, until Town has accepted the project. Item 203.3 Preparing Right-of-Way General: This item includes the preparation of the right-of-way and area within easements for construction according to NCTCOG Item 203.3. The demolition and removal of existing concrete (if any) is subsidiary to this item, and includes but is not limited to removal of asphalt, concrete, and concrete drainage structures Payment: Payment for this item shall be on a lump sum basis for preparation of Right-of-Way. Item 203.4 Excavation General: Provide labor and equipment necessary to excavate materials to the grade indicated on the plans. The Contractor shall stockpile sufficient suitable material to backfill and level areas outside the actual limits of the pavement. Material unsuitable for backfill shall be disposed of by the Contractor as directed by the Engineer. Excavated material that is not needed for filling or leveling on the actual construction project shall become the property of the contractor for disposal. All excavated areas whether street excavation, storm sewer excavation, or utility excavation shall be watered to prevent dust at the direction of the Engineer. The Engineer shall require this to be done at his discretion, typically 3 to 5 times each day. All excavation will be unclassified, meaning that the material will be removed at the unit price bid, regardless of the type of material encountered. Payment: Payment shall be at the contract unit price per cubic yard of material excavated. The quantity shown in the proposal reflects fill or cut to finished grade, and does not co nsider the required topsoil. This item will be a plans quantity measurement item and the quantity to be paid for will be that quantity shown in the proposal, not based on field measurements. Item 203.5 Channel Excavation Channel excavation consists of required excavation for channels within the limits of the right -of- way or designated easements. All excavation shall be made in open cut from the surface of the ground and shall be no greater in width or depth than necessary to permit the proper construction of work in accordance with plans. Work should be executed in neat workmanlike manner. Contractor shall provide the uninterrupted flow of storm and wastewater lines during the progress of construction. Construction: All trenches for installation of storm water collection system lines shall be excavated to a point below the barrel of the pipe. Contractor shall provide ample labor; equipment, shoring material and such other safety equipment as required to insure that the work shall be carried on without interruption or damage to existing installations and to provide the least interruption of traffic with project requirements. Item 13 Payment: Channel excavation shall be measured in its original position and the volume in cubic yards (yd3) determined by the average end area method. All work performed as prescribed by this item shall be paid for at the contract unit price per cubic yard (yd3) for channel excavation. The prices bid shall be full compensation for furnishing all labor, material, tools, equipment, compaction, hauling and incidentals necessary to complete the work. Payment for unauthorized work shall not be made. All work required for disposing of waste, including haul shall not be paid for directly but shall be considered as subsidiary work pertaining to various contract items, and such costs shall be included in the unit prices bid for these items. Item 203.7 Embankment Shall consist of placement and compaction of all suitable materials obtained from excavation, borrow or any other approved excavation. Construction: Prior to placing any embankment, all clearing and grubbing and site preparation shall have been completed. Stump holes or other small excavations within the limits of the embankment shall have been backfilled before commencing the embankment construction. The surface of the ground, including plowed or loosened ground or small ditches or washes, shall be restored to approximately its original slope. The surface of hillsides shall be loosened by the scarifying or plowing to a depth of not less than 4 inches or cut into steps before embankment materials are placed. The embankment shall then be placed in layers as hereinafter specified, beginning at the low side in part widths as the embankment is raised. The material which has been loosened shall be re-compacted simultaneously with the embankment material placed at the same elevation. Where embankment is to be placed over or adjacent to the existing roadbeds, the slopes shall be plowed or scarified to a depth not less than 4 inches and the embankment built up in successive layers, as hereinafter specified, to the level of the old roadbed before its height is increased. Then the old roadbed shall be scarified and re-compacted with the next layer of embankment. The total depth of the scarified and added materials shall not exceed the permissible depth of the layer. All embankments for roadbeds shall be constructed in layers approximately parallel to the finished grade of the street and shall be so constructed as nearly as possible to conform to the cross section of the subgrade section. Embankments shall be constructed to the established grade and to the shape of the typical section shown on the plans, and each section shall conform to the detailed sections of slopes. After completion of the embankment, it shall be continuously maintained to its finished section and grade until the project is accepted. Payment: Embankment shall not be measured or paid for as separate contract pay item, but the cost of construction of the embankment complete in place shall be included in such contract pay item as described in standard specifications Item 203.4 Excavation or Item 203.5 Unclassified Channel Excavation. The contract pay items provided shall be full compensation for the furnishing of all labor, material, tools, equipment and incidentals necessary to complete the embankment, including cost of water, sprinkling or wetting, rolling, compaction, etc., in accordance with the plans and specifications. Item 13 Item 301.2 Lime Slurry General: This item establishes the requirements for lime slurry of the type and grade considered suitable for use in treatment of subgrades. Construction: Tests and samples of lime slurry shall be according to TEX 600-J. Lengths of streets to be covered with each load of slurry (Type A or B) shall be checked with the Engineer before applying. Tickets certifying quality and weights of the lime shall accompany all lime delivered to the project. Payment: Payment shall be at the contract unit price per ton of lime furnished and installed. The amount of lime per square yard (example 48 lbs/SY) shall be used to compute pay items. Overages shall be absorbed by the Contractor. Item 301.5 Roadbed Base This material shall consist of durable particles of crushed limestone or crushed concrete and shall be free of thin, laminated, or elongated pieces, or an excess of shale, dirt, organic matter or other materials that would be harmful to the production of a homogenous base coarse. The road bed base shall be constructed as herein specified in one or more courses in conformity with the typical section shown on the plans and to the lines and grades as established by the owner. Construction: Tests shall be performed in accordance with ASTM D4318 Test Methods for Liquid Limits, Plastic Limit, and PlastiTown index of Soils. The material shall also be tested under TxDOT Test Method Tex-116-E The Wet Ball for Determining the Disintegration of Flexible base Materials. Item 303.2 Concrete Pavement General: Concrete pavement shall be Class P concrete of the thickness shown on the plans in accordance with TxDOT Item 360 and associated TxDOT Items. Concrete pavement shall be continuously reinforced pavement (no transverse contraction joints). The mix design shall be approved by the Town Engineer and shall remain constant throughout the duration of the project. The pavement shall be constructed to conform to the typical section on the plans and joint construction shall be as detailed. Materials and Construction: Reinforcing steel will be part of the paving as indicated on the details, based on the concrete thickness shown on the plans. An approved air-entraining agent shall be added to the concrete to provide 5% air entrainment to the paving material. Fly ash may be used in accordance with TxDOT Item 421. Longitudinal contraction joints must be sawed within 12-24 hours following placement of the slab. White pigmented Type II curing compound shall be applied immediately after finishing has been completed and the free surface moisture disappears. Slump shall be 1” – 3” as per TxDOT. No concrete shall bee placed unless the temperature of the atmosphere from Town of Prosper sources meets all other requirements of placing concrete. Ride quality measurements outlined in TxDOT Item 360 will not apply to this project. Payment: Payment shall be at the contract unit price per square yard in place for the design pavement thickness. Price shall include all reinforcing steel, forming, sawing, sealing, and finishing. Item 13 Item 303.9 Asphalt Concrete Pavement General: All Asphaltic Concrete Pavement used as part of this project shall meet the requirements of TxDOT Standard Specifications for Construction of Highways, Streets and Bridges, Item 340, Types B and C. Payment: Payment for this item shall be at the contract unit price for eac h square yard of completed in place asphaltic concrete pavement of the depth indicated on the plans, and shall include all labor, equipment, materials, additives, tools and incidentals required to perform the work. Item 305.1 Monolithic Curb General: Construct monolithic curb over concrete pavement sections as noted on details or plans. Contractor may 1) place the curb at the same time as the pavement slab is constructed or 2) dowel on the curb within 24 hours after the placement of the slab. Materials and Construction: No reinforcing steel is required in the curb section if the work is constructed monolithic with the slab. If the placement of the curb is delayed, the curbs shall be reinforced with ½” x 8” dowels on 12” centers and one ½” horizontal bar shall be place in the curb and tied or welded to the dowel bars. The quality of the concrete for the curb shall be equal to or better than the concrete used in the pavement slab. White pigmented curing compound for the curbs shall be the same as used for the pavement slab and application time and quantities shall also be the same. A light even broom finish shall be applied just before the curing compound when the concrete has begun to set up. Bedding, forms and all other applicable specifications for curb and gutters shall to this item. Payment: Payment shall be at the contract unit price per linear foot of monolithic curb in place. Price shall include concrete and reinforcing steel required to construct the curb. Item 305.2 Sidewalk All materials and requirements for concrete shall conform to the requirements of Item 305.1. Concrete Curb. Construction: Concrete sidewalks shall have a minimum thickness of 4-inches. Standard slope for walks shall be ¼-in.-per-ft. in the direction of the curb or street with a tolerance of 1/8-in.-per- ft.. Ramps shall comply with provisions of Texas Accessibility Standards including location, slope, width, shapes, texture and coloring. Payment: Sidewalks and ramps, complete and in place shall be measured by square yard (yd2). Concrete Sidewalks shall be paid for at the inti price bid, which price shall be full compensation for excavation and preparing the subgrade; furnishing and placing all materials, including gravel base and expansion joint materials; and for all manipulation, labor, tools, equipment and incidentals to complete the work. Item 13 Item 305.4 Concrete Sheet Header Concrete headers shall govern to the construction of reinforced concrete header to the size, shape and at the location shown on the plans. Construction and Materials: Shall be the same as those for Item 303.2. Concrete Pavement. Payment: Concrete header shall be paid by the linear foot complete in place. The work performed and materials furnished as prescribed by this item, measured as provided for in this item, shall be paid at the contract unit price bid for concrete header. This payment shall be full compensation for necessary excavation, reinforcing steel, furnishing and placing concrete, and for all labor, tools, equipment and incidentals necessary to complete the work. Item 501.6 Reinforced Concrete Storm Sewer Pipe General: The work under this item consists of installing storm sewer pipe as shown on the plans. The TxDOT Specification 464 shall combine with the special conditions listed below to govern all work. Materials: Pipe used in the storm drainage system shall comply in all respects with the latest ASTM requirements and NCTCOG Standard Specifications. Construction: Installation: No pipe shall be installed in the trench until all excavation, trench shaping, line, and grade have been approved by the Town. Grades shall be transferred to flow lines by use of a laser. The pipe shall be accurately laid to line and grade with the tongue end downstream entering the groove to full depth and in such manner as not to drag earth into the space for sealing of the joints. Pipes shall be fitted together and matched so that when laid in the work, they shall form a sewer with a smooth and uniform invert. Jointing the Pipe: All concrete pipe joints shall be constructed using G. S. 702-Talco joints, Ram- Nek joint material, or an equivalent product. Approved concrete mortar may be required to seal joints having small cracks or chips or with slightly uneven flow lines after one of the above joint materials have been applied. Pipe to be placed along curves shall consist of whatever pipe joint lengths or beveled end joints of pipe or combinations thereof that are required to place the pipe on the designated center line curve with no more than one-half of the tongue length of the pipe exposed from its normal fully closed joint position. Bedding or Foundation: A minimum 6” of Class B+ bedding is required for all stable areas. Where rock is encountered, 6 inches of bedding will also be required. In unstable areas, the existing soil may be required to be excavated to solid substances or until a solid base of rock can be obtained at the discretion of the Engineer. Otherwise, a minimum of 6 inches of crushed stone will be required to stabilize the base. Backfill Materials: Backfill shall consist of crushed rock to the spring line of the pipe. Backfill above the crushed rock shall be an approved select backfill or granular material to the subgrade as shown in the details. Item 13 Payment: Payment shall be at the contract unit price per linear foot of pipe installed. Price shall include pipe, backfill, and joint materials. Item 501.6 Reinforced Concrete Box Culvert General: The work under this item consists of installing reinforced concrete box culvert as shown on the plans. The TxDOT Specification 462 and NCTCOG Item 501.6 shall combine with the applicable special conditions listed in 501.6 herein to govern all work. Box culverts longitudinal to the roadway shall be precast, and box culverts crossing the roadway shall be cast-in-place, unless specifically designated on the plans and in the proposal. Connections between dissimilar box sizes shall be made with precast transition sections. No separate payment shall be made for the transition sections. Backfill, embedment and compaction shall be as specified for reinforced concrete pipe. Payment: Payment shall be at the contract unit price per linear foot of box culvert installed. Price shall include formwork, reinforcing steel, concrete, backfill, and all labor and other incidentals required. Item 502.12 Manholes, Junction Boxes, and Inlets General: NCTCOG Item 502.12 shall govern for the construction of manholes, junction boxes, and inlets, complete in place, as per standard Town of Prosper detail sheets including all materials, labor and equipment used therein. Manholes shall be monolithically poured in place or precast in construction. Junction boxes and inlets shall be formed unless precast usage is specifically asked for and approved by the Engineer. Depth restrictions may prevent the use of manhole forms, which may create the need to form a square box. Rings and covers shall be classified as a subsidiary part of junction boxes, manholes and inlets. Any manhole that is indicated in the plans to be built per the TxDOT MH-M detail shall be constructed as a pipe riser connecting to a prefabricated opening on a pre-cast box section. Materials and Construction: Concrete used in construction shall be Class A concrete (3,000 psi). Reinforcing steel shall be as specified on Town of Prosper detail sheets and of a quality as per Item 303.2.9. Reinforcing steel shall be #4 bars and Grade 60 unless otherwise shown on the details sheets. Backfill materials out of the streets shall be select granular backfill, and in the street shall be one- sack cement. Minimum cut around the structure to be 12” – maximum cut to be 24”. No steps will be installed in any manhole, inlet, or junction box located in the Town of Prosper. All construction operations will follow the Two-Phase Construction method where junction boxes and manholes are left down 18” from the top of curb grades for Phase I and inlets have the bottoms and half the walls poured. Phase II for the construction will include raising the manholes and junction boxes to finished grade and completing the walls, tops and throats for the inlets. All holes dug up will be poured back with 3,000 psi concrete. Phase II will begin after curb and gutter Item 13 has been laid and before any asphalt is applied to the road surface for inlets with manholes, and valves beginning Phase II operation after the asphalt base course has been laid. Steel protruding upward shall be bent down between Phase I and Phase II construction. Frames and covers shall conform to shape and dimensions shown on the plans. Bearing surfaces shall be machined so that even bearing may be had in any position in which the cover is seated. Pick slots are required in the lids. Cast covers for manholes and junction boxes shall meet the following strength requirements: 1. Located in the street traveled way – 400 lbs. 2. Located outside traveled way – 300 lbs. Covers for inlets are described in Item 806.4. In the event that a PVC or clay tile sanitary sewer or water line is located so that it is necessary to build a junction box, inlet, or manhole with the utility running through it, the utility line will be replaced with ductile iron pipe through the structure and will be considered incidental to this item. Payment: Payment shall be at the contract unit price per each inlet, junction box, or manhole, complete in place. Price shall include frames, rings and covers. Item 502.12 Concrete Headwalls and Wingwalls General: Provide cast-in-place TxDOT headwalls and applicable wingwalls as per TxDOT details provided in the plans. Dimensions of all improvements and placement of reinforcement shall be approved through the Engineer prior to placing concrete. Materials and Construction: Concrete class if not specified in the plans will be Class “A” except for design of direct traffic structures when Class “C” concrete shall be required. Reinforcing steel if not specified in the plans shall be Grade 60. All structures shall be formed unless precast structures are specifically approved by the Engineer. Sleeves or other mounting necessary to allow fences along the headwall will be subsidiary to the unit price bid for the headwall. Payment: Payment shall be at the contract unit price per each headwall constructed, complete in place, including any aprons, toewalls, safety pipes, or other elements of the structure. Item 803.3 Rock Riprap - 12”, 18” and 24” Natural rock for riprap shall be rough quarry stone, hard and durable, angular in shape rather tat rounded, and suitable in all respects for the intended purpose. Rick shall not be dropped from excessive heights or dumped and spread. Rock shall be placed by mechanical means as near as is practical to its final position. Rehandling or dragging shall be minimized, as it tends to break the rock. A uniform surface without significant protrusions is the objective of the placement operation. The various gradations shall be uniformly distributed throughout the riprap. Smaller rock and spalls shall be used to fill the voids between the larger Item 13 rocks. Rock riprap shall be placed on a geotextile fabric. Rock shall be placed so that the final surface of the rock does not protrude above adjacent ground more than 2”. Payment: Payment rock riprap shall be at the unit price per bid. The unit price bid shall include the geotextile fabric and the rock riprap, including all materials, equipment and labor necessary to properly place the rock riprap. Item 504.1 Trench Safety The contractor must provide protection to the workers in excavations as established in the most current OSHA Occupational Safety and Health Standards for excavations. Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with the OSHA standards except when the excavations are made entirely in stable rock, or the excavations are less than 5 feet in depth and examination of the ground by a competent person provides no indication of a potential cave-in. The protective system may consist of sloping of the excavation, installation of shoring, use of a shielding system, or other protective systems. The contractor has the option, depending on the soil classification, to use the data outlined in the OSHA regulation or utilize a system designed by a Registered Professional Engineer and reviewed by the Owner. Regardless of the method to be used to shore the ditch, the Contractor must submit three (3) copies of his site specific trench safety plan to the design engineer for review prior to contract approval. The Contractor is responsible for obtaining borings and soil analysis as required for plan design. After review of the trench excavation plan, the Design Engineer will forward the reviewed plan to the appropriate inspection division for use during construction. No trenching in excess of 5 feet below existing grade will be allowed until this plan is reviewed. Any changes in the trench excavation plan after initiation of construction will not be cause for extension of time or change order and will require the same review process. The contractor accepts sole responsibility for compliance with all applicable safety requirements. The review is only for general conformance with OSHA safety standards and applicability to the site. Review of the trench excavation plan does not relieve the Contractor of any of all construction means, methods, techniques, and procedures. Any property damage or bodily injury (including death) that arises from use of the trench plan or from Town’s failure to note exceptions to the excavation plan shall remain the sole responsibility and liability of the contractor. Contractors electing to utilize the Minimum Angle of Repose must submit: 1. Soil classification according to the Unified Soil Classification System including water content and plastiTown index, and minimum angle of the slope of excavation for the trench. 2. A detailed plan of the excavation area and the impact on existing right-of-way and infrastructure. No claims for delay will be permitted. Contractor electing to utilize a Trench Box must submit physical dimensions, materials, position in the trench, expected loads, and the strength of the box. No claims for delay will be permitted. Item 13 Contractor electing to utilized Shoring, Sheeting, and Bracing must submit dimensions and materials of all uprights, stringers, cross-bracing, and spacing. No claims for delay will be permitted. Safety Record: All contractors must submit a notarized affidavit prior to award of the bid attesting to their safety record. The contractor’s safety record may not reflect penalties for six (6) or more serious violations, none of which may be repeat violations, nor may it reflect three (3) or more willful violations, none of which may be repeat violations, within three (3) ______ preceding award. Support Systems Inspector: All contractors involved in excavations as defined in the most current OSHA Occupational Safety and Health Standards for excavations must submit a notarized affidavit prior to award of the bid showing the name of the support system inspector. The affidavit must include a statement that the named individual is a competent person as defined in the OSHA regulations related to excavations. In order to be a “competent person” one must have had specific training in, and be knowledgeable about, soil analysis, the use of protective systems, and the OSHA regulations on excavations. Payment: The trench safety and support shall be paid for at the contract unit price per linear foot as provided by the proposal and contract, regardless of depth. The linear footage for payment shall be as measured in the field. The contract unit price shall be total compensation for the furnishing of all labor, materials, tools, equipment and incidentals necessary to complete the work. If no excavation protection is used, no payment will be made to cover incidentals. Item 504.6 Cement Stabilized Backfill Backfill shall mean embedment and final backfill. Embedment shall mean bedding and initial backfill. Bedding shall mean the material upon which a pipe rests. Initial backfill shall mean material that covers the wastewater collection system and water lines. Final backfill shall mean the material required to fill the trench from the top of the initial backfill to ground elevation or subgrade of street. Stabilized backfill shall consist of a mixture of native soils including the trench excavation, approved for use by the owner, and two sacks of cement per cubic-yard. All material shall be mixed in a concrete mixer or transit mixer unless approved otherwise by the owner. The stabilized backfill shall be compacted in a moist condition or water added to provide a free flowing mixture. If a free mixture is used, the initial set must be permitted prior to placement of any material on the surface of the stabilized backfill. Payment: Backfill payments shall be made at the contract unit price per linear foot of pipe only if a separate bid item is established in the contract. This shall include furnishing and placing all material and for all labor, tools, equipment and incidentals necessary to complete the work, all in accordance with the plans. No allowance for waste shall be made. Item 644.2060 Remove Existing Signs General: This item is for the removal of existing roadway signs in the path of construction or along sections of roadway that are to be abandoned in this contract. Each sign post and sign foundation shall be removed and the hole backfilled with earthen material compacted to prevent settling. The contractor shall furnish all materials and labor necessary to properly remove the signs. Item 13 Payment: Payment shall be at the contract unit price per each sign removed and properly disposed of. Item 644.0 Sign Assembly, Large and Small General: This item shall be for new signs to be installed along proposed roadway. The contractor shall furnish all materials and labor for the assembly and mounting of each roadside sign. All signage shall be manufactured and installed in accordance with the Texas Manual of Uniform Traffic Control Devices and as amended by Town of Prosper standards and in accordance with TxDOT specifications where applicable. Signs to be installed in Town of Prosper right-of-way shall be mounted on square perforated posts and set in concrete as shown on the details. Signs to be installed on TxDOT right-of-way shall be mounted on round posts as shown on the TxDOT standard detail sheets included in the plans and shall use the Texas Universal Triangular Slipbase System. Payment: Payment for small and large roadside sign assemblies shall be at the contract unit price per each sign assembled and mounted in place, based on the location (TxDOT or Town of Prosper) and required mounting.Item 801.1 Barricades, Signs & Traffic Handling Item 801.1 Barricades, Signs & Traffic Handling A. Capital Improvements Signs A sign advertising the CIP Construction Project shall be place in strategic points with lettering as needed to adequately describe the work. Signs shall be placed prior to beginning work and maintained until the end of the project. Sign shall be constructed with ¾” weather treated plywood. Sign shall be painted white with blue letters and symbols. Letter size shall conform to dimensions shown below. Exceptions or variations from the sign shown below shall not be allowed. Payment: Payment will be at the contract unit price for each Project Sign installed. No payment shall be made for maintenance of Project Signs, or for their removal at the conclusion of the project. B. Barricades, Warning Signs and Traffic Handling General: The requirements of the NCTCOG specifications are applicable. Payment: Payment for this item shall be at the contract price per month for all work, equipment and signage necessary to completely barricade the project. Item 803.3 Grouted Rock Rip-Rap Rip Rap shall be used for slope, bank and ditch bottom protection, for erosion control at the ends of pipes and structures, and at other designated locations. Grouted Rip Rap types A and B stones are used. Rip Rap shall weigh between 40 pounds and 150 pounds each. Construction: The stones shall be placed with care to prevent earth or sand from filling the spaces between the stones. After the stones are in place, the stones shall be wetted thoroughly and the Item 13 spaces between the stones shall be completely filled with grout. The surface of rip rap shall be swept with a stiff broom after grouting. Payment: Rip Rap shall be measured for payment either in square yards (yd2) of the specified minimum thickness or in cubic yards (yd3), based on the dimensions shown on the plans or on the revised dimensions, where changes are orders approved by the owner, or by ton of material used. Rip rap shall be paid for at the contract unit price complete in place, as provided in the proposal and contract. The contract unit price shall be the total compensation for preparing the subgrade, including excavation; for furnishing and placing all materials; for furnishing, placing, shaping and tamping backfill; for proper disposal of all surplus materials; and for all labor, tools, equipment, and incidentals necessary to complete the work, all in accordance with the plans. Item 804.2 Pavement Markings General: This item shall be for painting lane markings, supplying and installing raised pavement markings at the location shown on the plans and in accordance with Town of Prosper standard details and TxDOT specifications where applicable. The Contractor shall carefully follow the manufacturer’s recommendations in the use of the epoxy adhesive and shall install raised pavement markings in accordance with Item 672 of the TxDOT Standard Specifications for Construction of Highways, Streets and Bridges. The stop bars and lane markings shall be completed in accordance with the plans and the applicable portions to Item 666 of the TxDOT Specifications. Materials: Raised Pavement Markers Raised pavement markers shall be of the following classes and types as specified in TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, Item 672.2: Classes: Class A Raised Pavement Markers – Jiggle Bar Tiles: Class A raised pavement markers shall include types: I-A, I-C, II-A-A, W and Y. Class B Raised Pavement Markers – Reflectorized Pavement Markers: Class B raised pavement markers shall include types: I-A, I-C, I-R, II-A-A, and II-C-R. Class C and D Raised Pavement Markers – Traffic Buttons: Class C and D raised pavement markers shall include types: I-A, I-C, I-R, II-A-A, II-C-R., W and Y. Class E Raised Pavement Markers shall include types: I-A, I-C, I-R, II-A-A, and II-C-R. The body color descriptions do not apply to Class E raised pavement markers. Types: Item 13 Reflectorized: Type I-A. Type I-A shall contain a face that reflects amber light. The body, other than the reflective face, shall be yellow. Type I-C. Type I-C shall contain a face that reflects white light. The body, other than the reflective face, shall be white. Type I-R. Type I-R shall contain one (1) face that reflects red light. The body, other than the reflective face, shall be white. Type I-A-A. Type I-A-A shall contain two (2) reflective faces oriented 180 degrees to each other, each of which shall reflect amber light.. The body, other than the reflective faces, shall be yellow. Type II-C-R. Type II-C-R shall contain two (2) faces oriented 180 degrees to each other, one (1) of which shall reflect white light and one (1) of which shall reflect red light. The body, other than the reflective faces, shall be white Nonreflectorized traffic buttons shall be of the following types: Type W. Type W shall have a white body and no reflective faces. Type Y. Type Y shall have a yellow body and no reflective faces. Unless specified in the construction plans or the special contract definitions of these specifications, lane lines shall be Type I-C, centerlines shall be Type II-A-A. If no reflectorized traffic buttons are specified, lane lines shall be Type W, centerlines shall be Type Y. Appearance Requirements: The outer surface of the pavement marker shall be smooth except for the molding or stamping of the manufacturer’s unique model imprint. All corners and edges exposed to traffic shall be rounded. The interface between the reflective face(s) and the body of the marker shall be solid. The bottom surface of pavement markers shall have a minimum roughness comparable to that of fine sandpaper but shall not be of such roughness or grooved such that air will be entrapped when pressed into the adhesive. Epoxy Where epoxy is required, epoxy shall meet the minimum requirements of TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, Item 575 and TxDOT Departmental Material Specification D-9-6100. Epoxy shall be machine mixed. Epoxies acceptable for binding raised pavement markings to concrete surfaces are as follows: Types I and I-M: Rapid setting marker adhesive for use when a very fast set is required or if markers must be placed when pavement temperature is below 50°F/10°C. Item 13 Types II, II-M, and II-MA: Medium setting marker adhesive. Type III and III-M: Standard setting marker adhesive. Types IV and IV-M: Slow setting marker adhesive for use when setting time is not a consideration. Those adhesives designated as Types I through IV are intended for hand mixing and application. On projects where the adhesive is to be handled by automatic metering, mixing and application equipment, Types I-M through IV-M which are designated specifically for machine application, shall be used. Type II-MA adhesive is designated for placement of all-weather markers. For all types of marker adhesives, the resin component shall be pigmented white and the hardener component black. The type of adhesive to be used for placing ceramic or plastic markers on a specific project shall be based upon the setting time required under the prevailing weather and traffic conditions and approved by the Engineer. Prior to use, each component shall be stirred to redisperse any settling or separation of the fillers and liquid portions until a uniform color and appearance is obtained. No addition of solvents shall be allowed unless indicated by the manufacturer or approved by the Engineer. Bituminous Adhesive for Pavement Markers: Where Bituminous Adhesive is required, bituminous adhesive shall meet the minimum requirements of TxDOT Departmental Material Specification D-9-6130. The adhesive shall be suitable for bonding ceramic and plastic markers to Portland cement concrete, asphaltic concrete and chip-sealed road surfaces and applicable when road surface and marker temperatures are in the approximate range of 4° to 71°C (40° to 160° F). The composition of the adhesive must be such that its properties will not deteriorate when heated to and applied at temperatures up to 218°C (425°F) using either air or oil- jacketed melters. Construction: Pavement surface preparation for pavement markings shall be done in accordance with Item 678 of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges. Each class of raised pavement markers shall come from the same manufacturer. Surfaces to which markers are to be attached by an adhesive shall be prepared by any method approved by the Engineer to ensure that the surface is free of dirt, curing compound, grease, oil, moisture, and any other material which would adversely affect the adhesive bond. Payment for the preparation of the surface for installation of raised pavement markers shall be paid in this bid item. Item 13 Guides shall be established to mark the lateral location of the pavement markings in the location as shown on the construction plans. The location shall be verified before the pavement markings are placed. The guides shall not leave a permanent marking on the road surface. Pavement markers shall be placed in accordance to the construction plans. The markers shall be in alignment when placed and not deviate by more than two inches. Any markers placed and deemed unsatisfactory by the Town or Consulting Engineer shall be re-laid at the contractor’s expense. The contractor shall use bituminous adhesive for Class A, B, C and D markers on bituminous pavement. The contractor shall use epoxy adhesive for Class A, B, C and D markers on Portland cement as well as Class E for bituminous pavement and Portland cement. The epoxy shall be applied in sufficient quantity such that 100% of the bonding area of the raised pavement marker shall be in contact with the adhesive and such t hat the raised pavement markers are seated on a continuous layer of adhesive and not in contact with the pavement surface, except for Class E. Adhesive shall be applied in accordance with manufacturer’s specifications except where different in these specifications. Where bituminous adhesive is required, the pavement and raised pavement markers shall be at least 40°F/5°C. The bituminous adhesive shall not be heated above 400°F/205°C. The bituminous adhesive shall be agitated intermittently to ensure even heat distribution. Raised pavement markers shall be placed immediately after the adhesive is applied and shall be firmly bonded to the pavement. The raised pavement marker surfaces, especially the reflective surfaces, shall be free of adhesive. Reflectorized Pavement Markings General: This item shall govern the installation reflectorized pavement markings of the types, colors, shapes, sizes, thickness and widths as shown. Materials: Materials used shall be classified in accordance with TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, Item 666: Type I Marking Materials: Type I markings are thermoplastic materials that require heating to elevate the temperatures for applications. Type I marking mat erials shall conform to TxDOT Departmental Materials Specifications D-9-8220. Each container of Type I marking material shall be clearly marked to indicate the color, mass, type of material, manufacturer’s name and the lot/batch number. Type II Marking Materials: Type II markings are paint-type materials that are applied at ambient or slightly elevated temperatures. Type II marking materials shall conform to TxDOT Departmental Materials Specifications D-9-8200, YPT-10 and/or WPT-10 and D- 9-8290. Item 13 Construction Pavement surface preparation for pavement markings shall be done in accordance with Item 678 of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Guides shall be established to mark the lateral location of the pavement markings in the location as shown on the construction plans. The location shall be verified before the pavement markings are placed. The guides shall not leave a permanent marking on the road surface. Pavement markers shall be placed in accordance to the construction plans. The markers shall be in alignment when placed and not deviate by more than two inches. Any markers placed and deemed unsatisfactory by the Engineer shall be re-laid at the contractor’s expense. Markings shall essentially have a uniform cross-section. The density and quality of markings shall be uniform throughout the thickness. The applied markings shall have no more than five percent, by area, of holes or voids and shall be free of blisters. Markings, in place or on the roadway, shall be reflectorized both internally and externally. Glass beads shall be applied to the material at a uniform rate sufficient to achieve uniform and distinctive retroflective characteristics when observed in accordance with Test Method Tex-828-B. Pavement to which material shall be applied shall be completely dry and free of dirt, oil, grease, debris and other foreign objects. Application of Type I Markings New Portland cement concrete surfaces shall be cleaned prior to installing Type I markings. When placing Type I markings in new locations on asphaltic surfaces three years or older or any portland cement concrete surfaces, a Type II marking shall be used as a sealer. Unless otherwise shown on the plans, existing Portland cement concrete and asphaltic surfaces to be restriped will not require Type II markings as a sealer; existing markings may be used as a sealer in lieu of Type II markings. Type II markings shall be placed a minimum of two and a maximum of thirty calendar days in advance of placing Type I markings. Type II markings which become dirty due to inclement weather or road conditions shall be cleaned by washing, brushing, compressed air, or other means approved by the Engineer, prior to application of Type I markings. If washing is used, the surface of Type II markings shall become thoroughly dry before placing the Type I markings. Color, location and configuration of Type II markings shall be the same as the Type I markings. Type I pavement marking material shall be applied within temperature limits recommended by the material manufacturer. Application of Type I pavement markings shall be done only on clean, dry pavement having a surface temperature above 50°F/10°C. Pavement temperature shall be measured in accordance with Test Method Tex-829-B. Item 13 When Type I pavement marking application is by spray, and operations cease for five minutes or more, the spray head shall be flushed by spraying pavement marking material into a pan or similar container until the pavement marking material being sprayed is at the proper temperature for application. Type I markings shall be a minimum thickness of 0.060 inches (1.5 millimeters) for edgeline markings and 0.090 inches (2.3 millimeters) for stop bars, legends, symbols, directional arrows, turn-only arrows, school zones, railroad crossings, gore and centerline/no passing barrier line markings when measured in accordance with Test Method Tex-854-B. The maximum thickness of all Type I markings shall be 0.180 inches (4.5 millimeters). The markings shall be of uniform thickness throughout their lengths and widths. Application of Type II Markings The application of Type II marking materials shall be done only on surfaces with a minimum surface temperature of 50°F/10°C. The application rate for Type II marking material shall be: between 15 and 20 gallons per mile of solid four-inch line and between 30 and 40 gallons per mile of solid eight-inch line except that, for new surface treatment projects the application rate shall be between 40 and 50 gallons per mile for solid eight-inch line. Pavement markings for new surface treatment projects shall be applied in two applications for each approximately one-half the application rate. The first application shall not contain glass beads. The interval between the first and second application shall be a minimum of one hour. The contractor shall not place paint on the road surface in inclement weather. Elimination of Existing Pavement Markings In areas where the pavement markings are to removed and realigned, the contractor shall use one of the methods as outlined in Item 677 of the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. Payment shall be included in this bid item. Payment: Payment for this item shall be at the contract unit price for the linear foot/each of all pavement markings installed. Item 13 Item 805.3 Conduits All plastic conduit shall be schedule 40, rigid, high impact polyvinyl chloride, conforming to Underwriters’ Laboratories, Inc. Standard UL-514B for conduit fittings, Ul-514C for nonmetallic boxes, UL-651 for Schedule 40 and 80 conduit, and UL-651A for concrete encased PVC conduit. All rigid steel conduit shall be hot-dipped galvanized inside and out and shall conform in all aspects to ANSI C80.1 and Underwriters’ laboratories Safety Standard #6 Construction: Prior to the installation of conduit, the OWNER shall be notified so that a representative will be present to inspect the installation of the conduit. Failure to cont act the OWNER shall constitute grounds for rejecting conduit, which has been installed without the presence of a representative of the OWNER. All conduits shall be placed in accordance with lines and grade, details and dimensions as shown on the plans, or as directed by the OWNER. All ends of pipe shall be reamed to remove burrs. All splicing of conduit shall be done by using standard couplings manufactured for this purpose. All bare ends of conduit for future connections by others shall be capped with standard conduit caps. The location of ends of all conduit for future electrical circuits in structures shall be marked by a ―Y‖ at least 3-in. (76mm) high, cut into the face of curb, gutter or wall directly above the conduit. Conduit in medians or under pavements shall be placed at a minimum depth of 30-in. from the top of curb as shown on the plans. Installation under existing pavements shall be accomplished by boring. Conduit shall extend 6-in. (15cm) behind back of curb unless otherwise called for on the plans. Where pull boxes or junction boxes are required in medians, which are to be surfaced, they shall be installed by the CONTRACTOR at the location and grade as shown on the plans or as directed by the OWNER. Unless otherwise specified in the special provisions or on the plans, all pull-boxes shall be furnished by the CONTRACTOR. All necessary fittings for proper installation of conduit in the pull- box shall be furnished and installed by the CONTRACTOR. Where it is required that pull-boxes be installed, the conduit shall be fitted with sweeping 90° fittings to enter the pull-box from the bottom. A nipple shall be attached to the fitting of sufficient length so that the distance from the top of the pull-box to the end of the nipple shall be 8-in. (20cm.) Conduit bends, except factory bends, shall have a radius of not less than seven (7) times the inside diameter of the conduit. Where factory bends are not used, conduit shall be bent, without crimping or flattening, using a portable hydraulic pipe bender. The radius of the pipe shall conform to the dimensions shown on the plans; if not designated on the plans, the longest radius practicable shall be used. Conduit locations shown on the plans are for bidding purposes only and may be changed with permission of the OWNER to avoid underground obstacles. The CONTRACTOR shall furnish and install conduit to an electrical service point to be determined by the OWNER prior to the beginning of any construction. Payment: Conduit of the size specified on the plans shall be measured by the linear foot along the main line of conduit. Fittings shall not be measured directly but shall be considered subsidiary to this term. Item 13 Condit, as measured in this item, shall be paid for at the unit price bid for “conduit” of the size specified, which prices shall be full compensation for furnishing and installing all conduit, all excavation, all gravel backfill, furnishing and installing all fittings, installing pull-boxes and for all labor, materials, tools, equipment and incidentals necessary to complete the work. Electrical components shall be measured and paid for at the contract price, which price shall be full compensation for furnishing and installing electrical components and testing as necessary to ensure full functioning. Item 13 TECHNICAL SPECIFICATIONS BID NO. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) TS-1 Mobilization Description. Establish and remove offices, plants, and facilities. Move personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. Measurement. This Item will be measured by the lump sum as the work progresses. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. A. Payment will be made upon presentation of a paid invoice for the payment bond, performance bond, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. GC.13 B. Payment will be made upon verification of documented expenditures for plant and facility setup. The combined amount for all these facilities will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. GC.14 C. When 1% of the adjusted Contract amount for construction Items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. GC.15 D. When 5% of the adjusted Contract amount for construction Items is earned 75% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under the Item will be deducted from this amount. GC.16 E. When 10% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. GC.17 F. Payment for the remainder of the lump sum bid for “Mobilization” will be made on the next estimate cycle after the initial retainage estimate. Item 13 TS-2 Project Signs Two signs advertising the CIP Construction Project shall be placed in strategic points with lettering as needed to adequately describe the work. These two signs shall be placed prior to beginning work and maintained until the end of the project. No payment shall be made to the Contractor for maintenance of these signs. Sign shall be constructed with ¾” weather treated plywood. Sign shall be painted white with blue letters and symbols. Letter size shall conform to dimensions shown below. Exceptions or variations from the sign shown below shall not be allowed. Payment: Payment will be at the contract unit price for each Project Sign installed. TS-3 Haul Off Incompatible Material Offsite This item shall provide full compensation for hauling off all the unsuitable compaction material, not trash suitable for a landfill, into an offsite location. Example material would have large boulders mixed with soil and cannot be compacted to 95% per specifications for embankments. This is not a trash, construction materials, or concrete item, those uncovered materials would be paid for in item TS-4. Payment for this item shall be at a cubic yard price bid and shall include all labor, equipment, materials, inspections, reporting, and incidentals required to haul off the materials. TS-4 Haul Off Landfill Quality Material This item shall provide full compensation for hauling any buried trash, concrete, or unsuitable compaction material to the landfill. This does not include materials generated by this project by the contractor or his sub-contractors. Payment for this item shall be at a cubic yard price bid and shall include all labor, equipment, materials, inspections, reporting, and incidentals required to haul off the materials. TS-5 Stamped Concrete- Median The stamped and stained concrete in the medians shall be 6” thick with #4 rebar @ 12” o.c. each way. Expansion material shall be installed between the curb and the stamped concrete with self-leveling sealant to match stamped concrete. Color to be decided by the Town. The color and texture of the stamped concrete and finish shall match the stamped concrete at the intersection of Prosper Trail and Coleman Street. The quantities listed in the proposal include 176 SY to be installed in the median between the project and Preston Road. Item 13 TS-6 Stone Veneer Headwall and Rail Box Headwall shall be TxDOT typical PW -1 headwall and pipe headwall shall be TxDOT typical CH-PW -0 headwall, both with stone veneer from the flowline of the conduit up on all visible faces and edges, excluding the inside of the box and pipe. The headwall will have a 2” stone cap on top that covers the full width of the thickness of the headwall plus stone on both sides. Stone type will match the columns at the Falls of Prosper Subdivision. The handrail shall be TxDOT type T401 rail with an elliptical top rail. The top of the top rail will be 3’-6” from finished grade, will extend the full length of the headwall and wings, and shall be powder coated RAL 8008. Item 13 Item 13 Item 13 Item 13 TS-7 Adjustment of 12” Force Main Line Item 124 in the Proposal includes moving the existing sanitary sewer force main for a distance of 20’ each to avoid the storm sewer system if deemed necessary by the Town. Price includes all fittings including 45 degree fittings and restrained joints (EBAA Series 2000 PV) or approved equal, pipe, necessary pumping and coordination with Town Staff. TS-8 Adjustment of 20” Water Line Line Item 125 in the Proposal includes the relocation of the existing 20” water line as needed as determined by the Town. Price includes all material, labor and coordination with the Town and Utilities to perform work, in a manner acceptable to the Town. TS9- Small Sign Detail Signs shall be installed per the attached Sign Post Detail Item 13 Item 13 TS-10 Decorative Monument Street Signs Decorative monument Street Signs shall be installed at the following location per the following specifications: Intersection of Coit Road and Prosper Trail 1. Coit Road (2 signs) 2. Prosper Trail (2 signs) Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 TS-11 Traffic Signal Adjustments and modifications at Prosper Trail and Coit Road Traffic Signal adjustments and modifications shall be made to the existing Signals at the intersection of Prosper Trail and Coit Road as follows: TS-11.1 Move signal heads and detectors as needed during different phases of construction per the plans below. TS-11.2 Furnish and Install eight (8) 16” Pedestrian Signal Modules per plans below. Furnish McCain M27164, M27164, and TSL-PED-16-CIL-P1 or approved equal. Price to include all coordination and set up. TS-11.3 Furnish and install six (6) pedestrian push button poles assemblies with concrete drilled shaft bases per plans below. (Push buttons paid for separately). Bolts to have breakaway connections, base shall be CPI-BAS-1P by Component Products, Inc. or approved equal, base to be powder coated (RAL 8008), pole to be CPI-AP-XX-40 by Component Products, Inc. or approved equal, pole to be powder coated (RAL 8008), length per plans, reinforcing collar to be CPI-RBC-1 by Component Products, Inc. or approved equal, collar to be powder coated (RAL 8008). All required signs and brackets are considered subsidiary to the pole. TS-11.4 Furnish and Install eight (8) pedestrian push buttons per plans below. Push buttons to be Navigator APS- EZ Communicator or approved equal. Price to include all coordination and set up. Furnish one (1) configurator. TS-11.5 Place conduit and run wire to ped poles per plans below. conduit to be installed includes conduits 15,16,17,18,19, 20 on page 6 below. Location to be staked by contractor. TS-11.6 Replace signal heads 1, 5, 9, 13 with H5FYA with black aluminum backplate and necessary additional wiring. All salvage pieces shall be returned to the Town. TS-11.7 Replace signs A, C, E, and G (R10-5) with (R10-17T). All salvage pieces shall be returned to the Town. TS-11.8 Provide setup start-up and set times for ultimate signal layout. TS-11.9 Provide phased striping as shown on sheets 11-14 below. Temporary striping shall be white paint with glass beads. permanent striping shall be white thermoplastic per TxDOT specificaitons. Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Note: Planting Irrigation and Landscape Planting are part of the Technical Specifications and are included below. Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Item 13 Purchasing Department Addendum No. 1 Issued May 14, 2018 Bid No: 2018-75-B Bid Title: Paving and Drainage Improvements – Prosper Trail (Kroger – Coit) Bids Due: 5/17/2018 @ 2:00 p.m. Addendum #1 is issued by the Town of Prosper Purchasing Office. Please see the following for changes/additions/deletions to the specifications: Changes 1. Bid Form was modified to reflect responses to clarification items 2, and 9 below. Clarification 1. Question: Are there any impact fees, or percentage-based fees, permit fees, inspection or development fees (other than inspector overtime) the contractor would have to pay or reimburse the town for this project or any of the elements of this project? Answer: The only fees that the contractor will have to pay will be fees for bonds, retesting fees due to failed materials, overtime fees for testing needed in excess of that conducted during regular working hours, and/or extended fees incurred by the Town related to extended contract duration caused by the contractor. 2. Question: Bid item 105 is for 4" topsoil under sod in median. Bid item 104 has a note stating that 4" topsoil is subsidiary to median sod. Can you please remove the note about subsidiary topsoil from item 104? Answer: Bid item 105 has been removed on the attached revised bid form. 3. Question: In order to meet the requirements of TS-5, stamped median concrete, are we required to match existing patterns and colors that were provided by a sole-source license-controlled manufacturer/contractor, such as bomanite or patterned concrete (for example), or are we allowed to utilize contractor-selected means and methods and products to produce the desired result? Answer: The intent is to match the look of existing stamped concrete at the location given. Using a prequalified contractor or sole source contractor is not required. 4. Question: Is bid item 21, barricades, a "plans quantity" item? If the contractor finishes early, will all 12 months be paid? Answer: No, the contractor will be paid for actual time that barricades are used unless the time has been extended due to contractor’s performance. In that case, the Town will not pay for additional barricade time. 5. Question: Are there any requirements for the use of pre-qualified or Town-approved subcontractors or vendors in the Town of Prosper? Water, sewer, irrigation, Etc? Answer: No, but irrigation installers must be licensed by the State. 6. Question: Please clarify Item 91. It looks like the striping items already cover all striping on the job. What does this item cover? Answer: This item covers permanent broken line lane marking. 7. Question: Can we get a detail for the HMAC Transitions please. I know there are items that cover the asphalt, but are we liming under them etc…? Item 13 2 Answer: Yes, we are liming under the HMAC transitions to 1 foot outside of the pavement. This is quantified in the quantities. 8. Question: Sheet L-10 and L-11 call for monument signs to be installed “By Others”. Please Clarify. Answer: Monument signs are added to this project. See Tech Spec #10. 9. Question: I see the 8” tap for the irrigation but I cannot find the 12”. Please let me know where it is. Thanks. Answer: there is only one 8” tap. The bid item for the 12” tap has been removed. 10. Question: On the phasing plan sheets, it calls out to maintain one lane of traffic at all times. Are we allowed to “one way” the street? Answer: You are allowed to “one lane” the street in isolated instances for limited durations outside of peak demand times with prior approval from the Town. It is the intent of the Town to provide two way traffic at all times except for limited isolated instances. 11. Question: On Phasing Plan 1, it shows to install all the drainage and crossings, and calls out to install 4” HMAC on top of the trenches. That is OK, but when or how do we install all the way across the road and still maintain traffic? What were the intentions of the Engineer on how or when to install the laterals and culvert crossings? Answer: On the plans, it show the use of a flagger in conjunction with performing the work for the crossings of the lateral and culverts. 12. Question: Can we use onsite excavation as topsoil? Or does that pay item cover importing screened topsoil? Answer: the intent is to use imported screened top soil. 13. Question: On sheet 51 in the phasing plans it calls out for temporary Type C inlets to be installed. Can we get a pay item and a detail for that work? Answer: This work is subsidiary to traffic control. Use TxDot typical Type C Grate Inlet Vendors who may have already submitted a response and feel this addendum may change their response may pick up their submission and return it prior to May 17, 2018 @ 2:00 p.m. If picking up the submission is not feasible, any new response submitted by your firm will supersede one previously submitted. Acknowledge receipt of this addendum by initialing in the appropriate space on the Bid Proposal Form if you have not previously submitted a response. For questions regarding this addendum contact: January M. Cook, CPPO, CPPB Purchasing Agent (972) 569-1018 january_cook@prospertx.gov Item 13 BID PROPOSAL FORM (REVISED) Bid No. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) BIDDER: ADDRESS: PHONE: PRIMARY CONTACT: EMAIL ADDRESS: PLEASE SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF YOUR BID. ANY BID RECEIVED WITHOUT ONE (1) ORIGINAL AND ONE (1) COPY MAY BE CONSIDERED NON-RESPONSIVE. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. 3. The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. 4. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: 5. Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of which is hereby acknowledged): Number Dated Received No. 1 No. 2 No. 3 No. 4 Item 13 6. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 8. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 9. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 10. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. 11. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 12. Bidder will substantially complete the Work for the price(s) shown in the following schedule of bid items and within 365 calendar days. Work is anticipated to commence on June 4, 2018. NOTE: Bidder may substitute a computer printout for this bid schedule provided the computer printout contains identical item numbers, quantities, and descriptions to those provided in this bid schedule. In case of ambiguity or lack of clearness in stating prices in this Bid, the Owner reserves the right to accept the most advantageous construction thereof to the Owner or to reject the bid. Item 13 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) Paving Proposal Pricing: Item Description Quantity Unit Unit Price Total 1 Preparing R.O.W. 55 STA. $ ‐ 2 Excavation 18,310 C.Y. $ ‐ 3 Embankment 7,552 C.Y. $ ‐ 4 Bermuda Block Sodding in Parkway (Median sod paid for separately) 17,479 S.Y. $ ‐ 5 4" Topsoil for Sod in Parkway 17,479 S.Y. $ ‐ 6 Hydromulch 12,046 S.Y. $ ‐ 7 Lime Slurry 957.0 TON $ ‐ 8 6" Lime Stabilized Subgrade(45lb/SY) 42,539 S.Y. $ ‐ 9 8" Reinforced Concrete Pavement 38,269 S.Y. $ ‐ 10 Concrete Street Header 263 L.F. $ ‐ 11 2" TY D HMAC 331 TON $ ‐ 12 6" TY B HMAC 1,027 TON $ ‐ 13 Monolithic Curb 19,226 L.F. $ ‐ 14 4" Reinforced Concrete Sidewalk 1,300 S.Y. $ ‐ 15 Barrier Free Ramp 25 EA. $ ‐ 16 Landscape Maintenance Ramp 7 EA. $ ‐ 17 Stamped and Stained Median Paving See Tech Spec. 5 376 S.Y. $ ‐ 18 Concrete Edge Restraint 1,632 L.F. $ ‐ 19 Capital Improvement Signs 2 EA. $ ‐ 20 Erosion Control SWPPP 1 L.S. $ ‐ Paving Total $ ‐ Item 13 Traffic Control Proposal Pricing: Item Description Quantity Unit Unit Price Total 21 Barricades, Signs & Traffic Handling (monthly) 12 MONTHS $ ‐ 22 4" Temporary Asphalt Pavement 3,903 S.Y. $ ‐ 23 4" Double Yellow Temporary Striping 1,273 L.F. $ ‐ 24 4" Solid Yellow Temporary Striping 1,947 L.F. $ ‐ 25 4" Solid White Temporary Striping 376 L.F. $ ‐ 26 4" Dotted Yellow Temporary Striping (See lane drop line Pg. 65 O) 165 L.F. $ ‐ 27 24" Temporary Stop Bar 232 L.F. $ ‐ 28 Remove Striping 500 L.F. $ ‐ 29 Install Low Profile Traffic Barrier 2,080 L.F. $ ‐ 30 Remove and Haul Off Low Profile Barrier 2,080 L.F. $ ‐ 31 8" Solid White Temporary Striping 1,702 L.F. $ ‐ 32 4" Broken White Temporary Striping 670 L.F. $ ‐ Traffic Control Total $ ‐ Storm Drainage Proposal Pricing: Item Description Unit Price Total 33 18" RCP (CLIII) 3,135 L.F. $ ‐ 34 21" RCP (CL III) 748 L.F. $ ‐ 35 24" RCP (CL III) 256 L.F. $ ‐ 36 27" RCP (CL III) 339 L.F. $ ‐ 37 30" RCP (CL III) 60 L.F. $ ‐ 38 48" RCP (CL III) 17 L.F. $ ‐ 39 60" RCP (CL III) 96 L.F. $ ‐ 40 5' x 3' RCB 97 L.F. $ ‐ 41 10' Recessed Curb Inlet 18 EA. $ ‐ Item 13 42 15' Recessed Curb Inlet 4 EA. $ ‐ 43 10' Standard Curb Inlet 1 EA. $ ‐ 44 10' Type 2 Curb Inlet 1 EA. $ ‐ 45 3' x 3' Y Inlet 1 EA. $ ‐ 46 4' x 4' Manhole 3 EA. $ ‐ 47 6' x 3' Junction Box 1 EA. $ ‐ 48 6' x 4' Junction Box 1 EA. $ ‐ 49 "PW" Wingwalls for 5'x3' R.C.B. (See Tech. Spec. 6) 1 EA. $ ‐ 50 "CH‐PW‐0" Headwall for 48" R.C.P. (See Tech. Spec. 6) 1 EA. $ ‐ 51 24" R.C.P. S.E.T. 3 EA. $ ‐ 52 Trench Safety 4,702 L.F. $ ‐ 53 12" Grouted Rock Rip‐Rap 161 C.Y. $ ‐ 54 Cement Stabilized Backfill 49 C.Y. $ ‐ 55 Concrete Encasement 1 C.Y. $ ‐ 56 Pedestrian Handrail See Tech Spec 6 108 L.F. $ ‐ 57 Remove and Replace Fencing 50 L.F. $ ‐ 58 Relocation of 12" PVC Force Main as needed (in 20'sections) See Tech. Spec.‐7 10 EA. $ ‐ 59 Relocation of 20” Waterline as Necessary (in 10’ sections) See Tech. Spec. ‐8 7 EA. $ ‐ Storm Drainage Total $ Street Light Proposal Pricing: Item Description Quantity Unit Unit Price Total 60 2" SCH 40 PVC Conduit 4,344 L.F. $ ‐ 61 Pull Box 13 EA. $ ‐ 62 2" Conduit (Bored) 85 L.F. $ ‐ 63 Conduits for Decorative Signs 800 L.F 64 Pull Boxes for Decorative Signs 8 EA. Street Light Total $ Pavement Markings & Signage Proposal Pricing: Item 13 Item Description Quantity Unit Unit Price Total 65 4" White Broken Lane Line 8,881 L.F. $ ‐ 66 4" Solid White Line 1,448 L.F. $ ‐ 67 4" Solid Yellow Line 1,548 L.F. $ ‐ 68 8" Solid White Line 3,124 L.F. $ ‐ 69 12" Solid Yellow Line 48 L.F. $ ‐ 70 24" Solid White Line 324 L.F. $ ‐ 71 12" Solid White Line 924 L.F. $ ‐ 72 Type VA V‐Shaped Marking 22 EA. $ ‐ 73 Type II ‐ C‐R Raised Pavement Marker 221 EA. $ ‐ 74 Type I‐C Raised Pavement Marker 170 EA. $ ‐ 75 Type II ‐ A‐A Raised Pavement Marker 94 EA. $ ‐ 76 Small Roadside Sign & Assembly 40 EA. $ ‐ 77 End of Street Barricade 70 L.F. $ ‐ 78 Left Arrow 8 EA. $ ‐ 79 Right Arrow 8 EA. $ ‐ 80 Word 16 EA. $ ‐ 81 Relocate Exist Street Sign 8 EA. $ ‐ 82 Decorative Monument Street Signs See Tech. Spec. ‐10 4 EA. $ ‐ Pavement Markings & Signage Total $ ‐ Landscaping Proposal Pricing: $ ‐ Item Description Quantity Unit Total 83 Bald Cypress 4" CAL 14 EA. $ ‐ 84 Live Oak 4" CAL 20 EA. $ ‐ 85 Hameln Grass 1 GAL 874 EA. $ ‐ 86 Foster Holly 30 GAL 18 EA. $ ‐ 87 Indian Hawthorn 5 GAL 156 EA. $ ‐ 88 Nandina 'Nana' 3 GAL 130 EA. $ ‐ 89 Mexican Petunia 1 GAL 292 EA. $ ‐ 90 Little Gem Magnolia 45 GAL 21 EA. $ ‐ Item 13 91 DWF Loropetalum 5 GAL 112 EA. $ ‐ 92 DWF Yaupon Holly 3 GAL 160 EA. $ ‐ 93 12" Concrete Mow Strip 1,362 L.F. $ ‐ 94 18" Mulch Border 2,005 L.F. $ ‐ 95 Median Zoysia Grass Solid Sod (4" Topsoil Subsidiary to this item) 6,485 S.Y. $ ‐ 96 4" Topsoil for Sod in Median 6,485 S.Y. $ ‐ 97 Adams Needle Yucca 5 GAL 88 EA. $ ‐ 98 Magnolia 4" CAL 15 EA. $ ‐ 99 Landscape Boulder 7 EA. $ ‐ 100 Dwarf Crape Myrtle 5 GAL 28 EA. $ ‐ Landscaping Total $ ‐ Irrigation Proposal Pricing: Item Description Quantity Unit Unit Price Total 101 Connection to City 8" Water main 1 EA. $ ‐ 102 Connection to City 12" Water Main 1 EA. $ ‐ 103 1 1/2" Water Meter 2 EA. $ ‐ 104 24 Station Controller 1 EA. $ ‐ 105 1 1/2" ARAD Hydrometer 4 EA. $ ‐ 106 1 1/2" DCA 2 EA. $ ‐ 107 Quick Coupling Valve with Cover 19 EA. $ ‐ 108 Drip Valve Assembly with Regulator 12 EA. $ ‐ 109 Elec. Remote Control Bubbler Valve 3 EA. $ ‐ 110 Elec. Remote Control Valve 15 EA. $ ‐ 111 Drip Tube 11,109 S.F. $ ‐ 112 Pop Up Spray Head with Rotator 2000 237 EA. $ ‐ 113 Pop Up Spray Head with Rotator 1000 153 EA. $ ‐ 114 Adjustable Flood Bubbler 88 EA. $ ‐ 115joe 4" Schedule 40 PVC Pipe (Sleeves) 620 L.F. $ ‐ Item 13 116 2" Schedule 40 PVC Pipe (Sleeves) 620 L.F. $ ‐ 117 2" Class 200 PVC Pipe 3,302 L.F. $ ‐ 118 1 1/2" Class 200 PVC Pipe 820 L.F. $ ‐ 119 1 1/4" Class 200 PVC Pipe 169 L.F. $ ‐ 120 1" Class 200 PVC Pipe 518 L.F. $ ‐ 121 3/4" Class 200 PVC Pipe 1,096 L.F. $ ‐ 122 1/2" Class 200 PVC Pipe 3,770 L.F. $ ‐ Irrigation Total $ ‐ Total Bid 13. Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within 365 calendar days as part of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. 14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. 15. Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. 16. Each bidder shall include the following information in this Bid: Cost of Materials Cost of Labor, Profit, etc. Total Amount Of Bid Base Bid $______________ $______________ $______________ 17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. Item 13 Subcontractor's Name Type of Work % of Work 1. 2. 3. 4. 5. 6. Total % of Work Subcontracted: Item 13 18. Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Supplier's Name Type of Material / Equipment 1. 2. 3. 4. 5. 6. 19. In the event of the award of a contract to the undersigned, the undersigned will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by ______________________________________ to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. 20. The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. Item 13 21. The undersigned certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. This is a Bid of _____________________________________, a corporation organized and existing under the laws of the State of _______________________, or a limited partnership organized and existing under the laws of the State of ___________________, or a partnership, consisting of ________________________________________or an Individual doing business as _______________________________________________. Seal and Authorization (If a Corporation) ____________________________________________ (Signed) ___________________________________________ (Title) ____________________________________________ (Street Address) ____________________________________________ (City and State) ____________________________________________ (Telephone Number) ___________________________________________ (Date) Item 13 Purchasing Department Addendum No. 2 Issued May 16, 2018 Bid No: 2018-75-B Bid Title: Paving and Drainage Improvements – Prosper Trail (Kroger – Coit) Questions Deadline: 5/23/2018 @ 12:00 p.m. Bids Due: 5/29/2018 @ 4:00 p.m. Addendum #2 is issued by the Town of Prosper Purchasing Office. Please see the following for changes/additions/deletions to the specifications: Changes 1. Bid Due Date: Change to 5/29/2018 @ 4:00 p.m. 2. Questions Deadline: Extend to 5/23/18 @ 12:00 p.m. 3. Bid Proposal Form: The Bid Proposal Form has been modified, and is attached to this Addendum. 4. Irrigation: Approximately 294 L.F of missing mainline pipe between valve #16 to QC valve near valve #17 has been added. Mainline pipe size from valve #15 to valve #20 has been changed from 1 ½” to 2”. Provide and Install 96 l.f. of sleeving from “nose to nose” medians at the Fox Bend Way median opening. Use one of the 4” sleeve pipes for the 2” mainline and one 4” sleeve for valve wires from valves #17 through #28 to the controller. The quantities reflect these changes. The number of water meters and 1½” DCV has been reduced to one. There will not be a Town charge for the meter. 5. Items 58 and 59 have been changed back to the original quantity. 6. Signalization items have been added back to the proposal. 7. Item 91- Provide Phased Striping (TS-11.9) is redundant and has been removed. Vendors who may have already submitted a response and feel this addendum may change their response may pick up their submission and return it prior to May 29, 2018 @ 4:00 p.m. If picking up the submission is not feasible, any new response submitted by your firm will supersede one previously submitted. Acknowledge receipt of this addendum by initialing in the appropriate space on the Bid Proposal Form if you have not previously submitted a response. For questions regarding this addendum contact: January M. Cook, CPPO, CPPB Purchasing Agent (972) 569-1018 january_cook@prospertx.gov Item 13 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 4:00 P.M. on Tuesday, May 29, 2018. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and BID NO. 2018-75-B, PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Engineering Department 409 E. First Street Prosper TX. 75078 Phone: (972) 569-1198 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 6. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Wednesday, May 23, at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 13 BID PROPOSAL FORM (REVISED 5-16-18) Bid No. 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) BIDDER: ADDRESS: PHONE: PRIMARY CONTACT: EMAIL ADDRESS: PLEASE SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF YOUR BID. ANY BID RECEIVED WITHOUT ONE (1) ORIGINAL AND ONE (1) COPY MAY BE CONSIDERED NON-RESPONSIVE. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. 3. The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. 4. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: 5. Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of which is hereby acknowledged): Number Dated Received No. 1 No. 2 No. 3 No. 4 Item 13 6. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 8. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 9. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 10. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. 11. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 12. Bidder will substantially complete the Work for the price(s) shown in the following schedule of bid items and within 365 calendar days. Work is anticipated to commence on June 4, 2018. NOTE: Bidder may substitute a computer printout for this bid schedule provided the computer printout contains identical item numbers, quantities, and descriptions to those provided in this bid schedule. In case of ambiguity or lack of clearness in stating prices in this Bid, the Owner reserves the right to accept the most advantageous construction thereof to the Owner or to reject the bid. Item 13 2018-75-B PAVING AND DRAINAGE IMPROVEMENTS, PROSPER TRAIL- (KROGER-COIT) Paving Proposal Pricing: Item Description Quantity Unit Unit Price Total 1 Preparing R.O.W. 55 STA. $ 2 Excavation 18,310 C.Y. $ 3 Embankment 7,552 C.Y. $ 4 Bermuda Block Sodding in Parkway (Median sod paid for separately) 17,479 S.Y. $ 5 4" Topsoil for Sod in Parkway 17,479 S.Y. $ 6 Hydromulch 12,046 S.Y. $ 7 Lime Slurry 957.0 TON $ 8 6" Lime Stabilized Subgrade(45lb/SY) 42,539 S.Y. $ 9 8" Reinforced Concrete Pavement 38,269 S.Y. $ 10 Concrete Street Header 263 L.F. $ 11 2" TY D HMAC 331 TON $ 12 6" TY B HMAC 1,027 TON $ 13 Monolithic Curb 19,226 L.F. $ 14 4" Reinforced Concrete Sidewalk 1,300 S.Y. $ 15 Barrier Free Ramp 25 EA. $ 16 Landscape Maintenance Ramp 7 EA. $ 17 Stamped and Stained Median Paving See Tech Spec. 5 376 S.Y. $ 18 Concrete Edge Restraint 1,632 L.F. $ 19 Capital Improvement Signs 2 EA. $ 20 Erosion Control SWPPP 1 L.S. $ Paving Total $ Item 13 Traffic Control Proposal Pricing: Item Description Quantity Unit Unit Price Total 21 Barricades, Signs & Traffic Handling (monthly) 12 MONTHS $ 22 4" Temp. Asph. Pavement 3,903 S.Y. $ 23 4" Double Yellow Temporary Striping 1,273 L.F. $ 24 4" Solid Yellow Temporary Striping 1,947 L.F. $ 25 4" Solid White Temporary Striping 376 L.F. $ 26 4" Dotted Yellow Temporary Striping (See lane drop line Pg. 65 O) 165 L.F. $ 27 24" Temporary Stop Bar 232 L.F. $ 28 Remove Striping 500 L.F. $ 29 Inst. Low Profile Traffic Barrier 2,080 L.F. $ 30 Remove and Haul Off Low Profile Barrier 2,080 L.F. $ 31 8" Solid White Temporary Striping 1,702 L.F. $ 32 4" Broken White Temporary Striping 670 L.F. $ Traffic Control Total $ Storm Drainage Proposal Pricing: Item Description Quantity Unit Unit Price Total 33 18" RCP (CLIII) 3,135 L.F. $ 34 21" RCP (CL III) 748 L.F. $ 35 24" RCP (CL III) 256 L.F. $ 36 27" RCP (CL III) 339 L.F. $ 37 30" RCP (CL III) 60 L.F. $ 38 48" RCP (CL III) 17 L.F. $ 39 60" RCP (CL III) 96 L.F. $ 40 5' x 3' RCB 97 L.F. $ 41 10' Recessed Curb Inlet 18 EA. $ 42 15' Recessed Curb Inlet 4 EA. $ 43 10' Standard Curb Inlet 1 EA. $ Item 13 44 10' Type 2 Curb Inlet 1 EA. $ 45 3' x 3' Y Inlet 1 EA. $ 46 4' x 4' Manhole 3 EA. $ 47 6' x 3' Junction Box 1 EA. $ 48 6' x 4' Junction Box 1 EA. $ 49 "PW" Wingwalls for 5'x3' R.C.B. (See Tech. Spec. 6) 1 EA. $ 50 "CH-PW-0" Headwall for 48" R.C.P. (See Tech. Spec. 6) 1 EA. $ 51 24" R.C.P. S.E.T. 3 EA. $ 52 Trench Safety 4,702 L.F. $ 53 12" Grouted Rock Rip-Rap 161 C.Y. $ 54 Cement Stabilized Backfill 49 C.Y. $ 55 Concrete Encasement 1 C.Y. $ 56 Pedestrian Handrail See Tech Spec 6 108 L.F. $ 57 Remove and Replace Fencing 50 L.F. $ 58 Relocation of 12" PVC Force Main as needed (in 20'sections) See Tech. Spec.-7 1 EA. $ 59 Relocation of 20” Waterline as Necessary (in 10’ sections) See Tech. Spec. -8 1 EA. $ Storm Drainage Total $ Street Light Proposal Pricing: Item Description Quantity Unit Unit Price Total 60 2" SCH 40 PVC Conduit 4,344 L.F. $ 61 Pull Box 13 EA. $ 62 2" Conduit (Bored) 85 L.F. $ 63 Conduits for Decorative Signs 800 L.F $ 64 Pull Boxes for Decorative Signs 8 EA. $ Street Light Total $ Item 13 Pavement Markings & Signage Proposal Pricing: Item Description Quantity Unit Unit Price Total 65 4" White Broken Lane Line 8,881 L.F. $ 66 4" Solid White Line 1,448 L.F. $ 67 4" Solid Yellow Line 1,548 L.F. $ 68 8" Solid White Line 3,124 L.F. $ 69 12" Solid Yellow Line 48 L.F. $ 70 24" Solid White Line 324 L.F. $ 71 12" Solid White Line 924 L.F. $ 72 Type VA V-Shaped Marking 22 EA. $ 73 Type II - C-R Raised Pavement Marker 221 EA. $ 74 Type I-C Raised Pavement Marker 170 EA. $ 75 Type II - A-A Raised Pavement Marker 94 EA. $ 76 Small Roadside Sign & Assembly 40 EA. $ 77 End of Street Barricade 70 L.F. $ 78 Left Arrow 8 EA. $ 79 Right Arrow 8 EA. $ 80 Word 16 EA. $ 81 Relocate Exist Street Sign 8 EA. $ 82 Decorative Monument Street Signs See Tech. Spec. -10 4 EA. $ Pavement Markings & Signage Total $ Signalization Proposal Pricing (See Tech. Spec. TS-11): Item Description Quantity Unit Unit Price Total 83 Move Signal Heads (TS-11.1) 1 L.S. $ 84 Furnish and Install Ped Signal Modules (TS-11.2) 8 EA. $ 85 Furnish and Install Ped Poles (TS-11.3) 6 EA. $ 86 Furnish and Install Ped Push Buttons (TS-11.4) 8 EA. $ 87 Furnish and Install Conduit and Wire to Ped Poles (TS-11.5) 1 LS. $ Item 13 88 Replaces 4 Light Signal Heads with 5 Light Signal Heads (TS- 11.6) 4 EA. $ 89 Replace signs A,C,E and G (TS- 11.7) 4 EA. $ 90 Provide set up and start up and set signal times for ultimate signal layouts (TS-11.8) 1 LS. $ 91 Removed Signalization Total $ Landscape Proposal Pricing: Item Description Quantity Unit Unit Price Total 83 Bald Cypress 4" CAL 14 EA. $ 84 Live Oak 4" CAL 20 EA. $ 85 Hameln Grass 1 GAL 874 EA. $ 86 Foster Holly 30 GAL 18 EA. $ 87 Indian Hawthorn 5 GAL 156 EA. $ 88 Nandina 'Nana' 3 GAL 130 EA. $ 89 Mexican Petunia 1 GAL 292 EA. $ 90 Little Gem Magnolia 45 GAL 21 EA. $ 91 DWF Loropetalum 5 GAL 112 EA. $ 92 DWF Yaupon Holly 3 GAL 160 EA. $ 93 12" Concrete Mow Strip 1,362 L.F. $ 94 18" Mulch Border 2,005 L.F. $ 95 Median Zoysia Grass Solid Sod (4" Topsoil Subsidiary to this item) 6,485 S.Y. $ 96 Removed $ 97 Adams Needle Yucca 5 GAL 88 EA. $ 98 Magnolia 4" CAL 15 EA. $ 99 Landscape Boulder 7 EA. $ 100 Dwarf Crape Myrtle 5 GAL 28 EA. $ Landscaping Total $ Item 13 Irrigation Proposal Pricing: Item Description Quantity Unit Unit Price Total 101 Connection to City 8" Water main 1 EA. $ 102 Removed $ 103 Removed . $ 104 24 Station Controller 1 EA. $ 105 1 1/2" ARAD Hydrometer 4 EA. $ 106 1 1/2" DCA 1 EA. $ 107 Quick Coupling Valve with Cover 19 EA. $ 108 Drip Valve Assembly with Regulator 12 EA. $ 109 Elec. Remote Control Bubbler Valve 3 EA. $ 110 Elec. Remote Control Valve 15 EA. $ 111 Drip Tube 11,109 S.F. $ 112 Pop Up Spray Head with Rotator 2000 237 EA. $ 113 Pop Up Spray Head with Rotator 1000 153 EA. $ 114 Adjustable Flood Bubbler 88 EA. $ 115 4" Schedule 40 PVC Pipe (Sleeves) 716 L.F. $ 116 2" Schedule 40 PVC Pipe (Sleeves) 620 L.F. $ 117 2" Class 200 PVC Pipe 4,148 L.F. $ 118 1 1/2" Class 200 PVC Pipe 270 L.F. $ 119 1 1/4" Class 200 PVC Pipe 169 L.F. $ 120 1" Class 200 PVC Pipe 518 L.F. $ 121 3/4" Class 200 PVC Pipe 1,096 L.F. $ 122 1/2" Class 200 PVC Pipe 3,770 L.F. $ Irrigation Total $ Total Bid $ 13. Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within 365 calendar days as part of this Proposal. Within 30 additional calendar days Item 13 after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. 14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. 15. Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. 16. Each bidder shall include the following information in this Bid: Cost of Materials Cost of Labor, Profit, etc. Total Amount Of Bid Base Bid $______________ $______________ $______________ 17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. Subcontractor's Name Type of Work % of Work 1. 2. 3. 4. 5. 6. Total % of Work Subcontracted: Item 13 18. Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Supplier's Name Type of Material / Equipment 1. 2. 3. 4. 5. 6. 19. In the event of the award of a contract to the undersigned, the undersigned will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by ______________________________________ to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. 20. The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. Item 13 21. The undersigned certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. This is a Bid of _____________________________________, a corporation organized and existing under the laws of the State of _______________________, or a limited partnership organized and existing under the laws of the State of ___________________, or a partnership, consisting of ________________________________________or an Individual doing business as _______________________________________________. Seal and Authorization (If a Corporation) ____________________________________________ (Signed) ___________________________________________ (Title) ____________________________________________ (Street Address) ____________________________________________ (City and State) ____________________________________________ (Telephone Number) ____________________________________________ (Date) Item 13 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: Tow n Council Meeting – June 12, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to an approximate 700 linear foot additional extension of Teel Parkway to serve the Inwood Tract. Description of Agenda Item: In 2003, the Town of Prosper, Denton County FWSD #10 (District), Huffiness Communities, Inc., Binary Investments, Inc., Sealed Bid DFW, L.P., and Inwood Plaza Joint Venture, entered into an agreement related to the Artesia development. As part of that agreement, the District is required to construct two lanes of Teel Parkway from Fishtrap Road to the northern boundary of the Artesia development. On August 12, 2014, the Town Council approved an Interlocal Agreement to allow the District to construct two lanes of Teel Parkway north of Fishtrap Road to serve a portion of the Artesia development. In accordance with the Town of Prosper Thoroughfare Plan in place at the time of the 2003 agreement, Teel Parkway was depicted as a four-lane divided thoroughfare and therefore, the District was not planning to construct a three-lane bridge. Since Teel Parkway is ultimately planned to be a six-lane divided thoroughfare, it was beneficial for the bridge to be constructed as a three-lane bridge, versus a two-lane bridge and the Town agreed to fund the third lane of the bridge. This project is complete. The District is continuing to develop the property and is requesting another Interlocal Agreement to capture the obligations of an additional extension of approximately 700 linear feet of Teel Parkway to serve the Inwood Tract. The proposed agreement also clarifies the financial contribution obligations of the District towards future improvements along this section of Teel Parkway as well as future final extension of two lanes of Teel Parkway adjacent to the Artesia development. Budget Impact: There is no cost to the Town for the additional extension of Teel Parkway to serve the Inwood Tract. The District will escrow $342,326.05, with the Town to fund future improvements that consists of $150,634.13, for turn lane and medians, and $191,691.92 for the final extension of 300 feet of Teel Parkway to the northern boundary of the Artesia development. Prosper is a place where everyone matters. ENGINEERING Item 14 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1.Interlocal Agreement 2.Aerial Map of Current Teel Parkway 3.Map of Additional Extension of Teel Parkway Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to an approximate 700 linear foot additional extension of Teel Parkway to serve the Inwood Tract. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between Denton County FWSD #10, and the Town of Prosper, Texas, related to an approximate 700 linear foot additional extension of Teel Parkway to serve the Inwood Tract. 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