04.25.17 Town Council Regular Meeting Packet
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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/Proclamations
Legislative Update Presentation by Representative Pat Fallon. (RB)
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – April 11, 2017
5b. Consider and act upon an ordinance amending a portion of Planned Development-
25 (PD-25), on 236.5± acres, in order to modify the residential architectural
requirements, located on the east side of Coit Road, 800± feet south of First Street.
(Z17-0001). (JW)
5c. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any Site Plan or
Preliminary Site Plan. (AG)
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is unable
to discuss or take action on any topic not listed on this agenda. Please complete a “Public
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, April 25, 2017
6:00 p.m.
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PUBLIC HEARINGS:
7. Conduct a Public Hearing and receive comments on the Prosper Old Town Area
Assessment Summary Report. (JW)
DEPARTMENT ITEMS:
8. Discussion on the location of the Lower Pressure Plane Ground Storage Tank and Pump
Station. (HW)
9. Consider and act upon awarding Bid No. 2017-23-B to GRod Construction, LLC, related
to construction services for the Third Street, Parvin Street and Sixth Street project; and
authorizing the Town Manager to execute a construction agreement for same. (FJ)
10. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
10a. Section 551.087 – To discuss and consider economic development incentives.
10b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of
real property for municipal purposes and all matters incident and related thereto.
10c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation and ETJ release agreements in Town ETJ areas,
development issues associated with areas subject to annexation agreements and
ETJ releases, and all matters incident and related thereto.
10d. Section 551.071 – Consultation with Town Attorney regarding legal issues related
to Section 3.05 (I) of the Town’s Personnel Policies and Procedures Manual, as
amended, and Ordinance No. 17-17, and all matters incident and related thereto.
10e. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
11. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Town Hall Update
13. Adjourn.
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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 April 21, 2017, 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.
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:20 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Mike Davis
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Alex Glushko, Senior Planner
Steve Glass, Deputy Director of Engineering Services
Kelly Neal, Finance Director
Doug Kowalski, Police Chief
Gary McHone, Assistant Police Chief
Ronnie Tucker, Fire Chief
Bryan Ausenbaugh, Fire Marshal
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Pastor Jason McConnell of Prosper United Methodist Church led the invocation. The
Pledge of Allegiance and the Pledge to the Texas flag were recited.
3. Announcements of recent and upcoming events.
Councilmember Miller read the following announcements:
The final numbers are in, and Prosper has won the It’s Time Texas Community Challenge
for the second year in a row. Prosper earned over 4 million points; the highest score in
the entire state, outpacing even the large metro areas of Austin, Dallas, and Fort Worth.
Mayor Smith and the Town Council would like to thank everyone who helped bring home
the title of Healthiest Small Community once again.
The Prosper Police Department will host “Coffee with a Cop” on Thursday, April 27, from
8:00-10:00 a.m. at Honeylu’s Coffee next to the Kroger Marketplace on Preston Road.
Residents are invited to get to know their local police officers and ask q uestions about
local police efforts in Prosper. Children are welcome to attend.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, April 11, 2017
Item 5a
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Residents may dispose of unwanted or expired medications during the Fire Department’s
Drug Take Back Day on Saturday, April 29. Prescription and non-prescription drugs may
be dropped off from 10:00 a.m.-1:00 p.m. in the collection boxes provided in the entry
lobby of the Fire Station on First Street.
Town offices will be closed this Friday, April 14, in observance of Good Friday. The Town
Council would like to wish everyone a Happy Easter.
Councilmember Korbuly congratulated the Prosper High School Varsity Girls Soccer
Team on a successful season.
Deputy Mayor Pro-Tem Dixon congratulated the Prosper High School Baseball Team as
one of the top 25 teams in the nation.
4. Presentations/Proclamations
Collin County Bond Presentation by Commissioner Susan Fletcher and
Commissioner Duncan Webb. (RB)
Commissioner Fletcher and Commissioner Webb provided an update on
transportation projects within Collin County, and asked for the Council’s support for a
proposed bond issue which will appear on the November 7, 2017, ballot.
Presentation of a Proclamation to members of the Prosper Police Department
declaring April 9-15, 2017, as Telecommunicators Week. (RB)
Police Chief Kowalski and Assistant Chief McHone joined Mayor Smith in presenting
the Proclamation to Natalee Warren, Dispatch Supervisor; Mavis Seeds, Dispatcher;
and Gayla Scheidler, Dispatcher.
Presentation of Life Saving Award to Sergeant Bryan Golden of the Prosper
Police Department. (DK)
Mayor Smith, Chief Kowalski, and Chief McHone presented the award to Sergeant
Golden for providing life saving medical assistance to an individual involved in a recent
domestic disturbance.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may
be removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meeting.
(RB)
Regular Meeting – March 28, 2017
5b. Consider and act upon Resolution No. 17-26 appointing members to the
Town of Prosper Tax Increment Financing Reinvestment Zone (TIRZ) No. 1
Board of Directors. (RB)
Item 5a
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5c. Consider and act upon Resolution No. 17-27 appointing members to the
Town of Prosper Tax Increment Financing Reinvestment Zone (TIRZ) No. 2
Board of Directors. (RB)
5d. Receive the February financial report. (KN)
5e. Consider and act upon Resolution No. 17-28 suspending the effective date
of Oncor Electric Delivery Company’s requested rate change to permit the
Town to establish reasonable rates. (KN/HJ)
Councilmember Davis removed Item 5f from the Consent Agenda
Councilmember Dugger removed Item 5g from the Consent Agenda.
Deputy Mayor Pro-Tem Dixon removed Item 5h from the Consent Agenda.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger
seconded the motion to approve all remaining items on the Consent Agenda. The
motion was approved by a vote of 7-0.
5f. Consider and act upon a resolution supporting US 380 as a future limited
access roadway within the corporate limits of the Town of Prosper from FM
1385 to Custer Road (FM 2478). (HW)
Hulon Webb, Executive Director of Development and Community Services,
responded to a question from the Council by confirming that the resolution affirms
the Town’s position that the existing alignment of 380 is the best alignment option,
and the Town would oppose any bypass options, unless they were located east of
Custer Road.
Councilmember Davis made a motion and Councilmember Korbuly seconded the
motion to approve Resolution No. 17-29 supporting US 380 as a future limited
access roadway within the corporate limits of the Town of Prosper from FM 1385
to Custer Road. The motion was approved by a vote of 7-0.
5g. Consider and act upon an ordinance amending Section 12.09.003 "Speed
Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's
Code of Ordinances by modifying the prima facie speed limits on certain
streets. (HW)
Councilmember Dugger requested the section of Prosper Trail from Preston Road
to Coleman Street remain at 40 mph. Mayor Pro-Tem Vogelsang suggested the
speed limit be raised to 45 mph, and a flashing sign be placed on the west -bound
side of Prosper Trail as a reminder to the public to be mindful of the speed limit.
Hulon Webb confirmed that Town staff will purchase a sign for this location.
Councilmember Dugger made a motion and Deputy Mayor Pro-Tem Dixon
seconded the motion to approve Ordinance No. 17-30 amending Section
12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles"
of the Town's Code of Ordinances by modifying the prima facie speed limits on
certain streets. The motion was approved by a vote of 7-0.
Item 5a
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5h. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Responding to a question from Council, Senior Planner Alex Glushko confirmed
that the two buildings on the proposed site plan will have a brick exterior.
Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve Item 5h. The motion was approved by a vote of
7-0.
6. CITIZEN COMMENTS:
The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Ben Pruett, 4311 Whitley Place Drive, Prosper, expressed his concern regarding Consent
Agenda Item 5f supporting US 380 as a future limited access roadway. He encouraged
the Town Council to carefully evaluate any options regarding the Outer Loop and US 380
that could potentially affect The Town of Prosper.
There were no other 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
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific
Use Permit (SUP) for a Child Day Care Center (Pinnacle Montessori), on 3.1± acres,
located on the south side of future Richland Boulevard, 1,500± feet east of Coit
Road. This property is zoned Planned Development-38 (PD-38). (S17-0001). (AG)
Senior Planner Alex Glushko presented this item before the Town Council. The request
will allow for a child day care center, which will accommodate 200 students and 18
teachers. The proposed SUP conforms to criteria set forth in the Town’s Zoning
Ordinance.
Mayor Smith opened the Public Hearing.
Roland Foerster, 5110 CR 424, Anna, who is the Civil Engineer representing the applicant,
spoke in favor of the item and requested Council’s approval of the SUP request.
With no one else speaking, Mayor Smith closed the Public Hearing.
Item 5a
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Councilmember Korbuly expressed concern about the traffic congestion that could be
caused by a day care facility in the area. Deputy Mayor Pro-Tem Dixon questioned the
brick color on the elevation. Mr. Glushko confirmed that the brick color shown in the
elevation is not necessarily the exact brick color to be used on the building, but the
applicant will be required to use a neutral color.
After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller
seconded the motion to approve Ordinance No. 17-31 for a Specific Use Permit (SUP) for
a Child Day Care Center (Pinnacle Montessori), on 3.1± acres, located on the south side
of future Richland Boulevard, 1,500± feet east of Coit Road. The motion was approved
by a vote of 6-1, with Councilmember Korbuly casting the opposing vote.
8. Conduct a Public Hearing, and consider and act upon a request to amend a portion
of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the
residential architectural requirements, located on the east side of Coit Road, 800±
feet south of First Street. (Z17-0001). (JW)
Development Services Director John Webb presented this item before the Town Council.
The proposed PD amendment will modify the architectural requirements for the Lakewood
subdivision regarding window, roof pitch, garage, driveway, walkway, and tree
requirements. Mr. Webb reviewed the proposed standards.
Mayor Smith opened the Public Hearing.
Aaron Richards, 5802 Baskerville Drive, Richardson, spoke in favor of the item on behalf
of the applicant, and offered to answer any questions from the Council.
With no one else speaking, Mayor Smith closed the Public Hearing.
The Council discussed the proposed driveway standards in detail. Mr. Webb stated that
the language regarding driveway borders would be clarified in the proposed ordinance to
be considered by the Council at a future meeting.
After discussion, Councilmember Dugger made a motion and Councilmember Miller
seconded the motion to approve a request to amend a portion of Planned Development-
25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements,
located on the east side of Coit Road, 800± feet south of First Street. The motion was
approved by a vote of 7-0.
9. Conduct a Public Hearing, and consider and act upon an ordinance amending
Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for
a variance process for certain private clubs in conjunction with a restaurant use.
(Z17-0002). (JW)
Development Services Director John Webb presented this item before the Town Council.
The Town’s current ordinance provides for the legal sale of mixed beverages in
restaurants by food and beverage certificate holders only. Because there are areas within
the Town that are still “dry,” any restaurants desiring to serve alcoholic beverages in these
areas must obtain a private club permit. The proposed ordinance would create a process
to request a variance to the distance requirement when obtaining a private club permit for
alcohol sales in conjunction with a restaurant. The variance requests would be considered
by the Town Council on a case-by-case basis, and notice of the request would be provided
to all owners of property within 200 feet of the subject request. Mr. Webb confirmed that
Item 5a
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there is no minimum food sales requirement for a private club, but there is a requirement
that at least 35% of sales receipts must be from the sale of alcoholic beverages.
Mayor Smith opened the Public Hearing.
With no one speaking, Mayor Smith closed the Public Hearing.
Councilmember Korbuly made a motion and Deputy Mayor Pro-Tem Dixon seconded the
motion to approve Ordinance 17-32 amending Chapter 3, Permitted Uses and Definitions
of the Zoning Ordinance by providing for a process for certain private clubs in conjunction
with a restaurant use. The motion was approved by a vote of 7-0.
DEPARTMENT ITEMS:
10. Consider and act upon a Site Plan for a bank in the Shops at Prosper Trail (Bank of
America), on 1.1± acres, located on the northeast corner of Preston Road and
Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D17-0005).
(AG)
Senior Planner Alex Glushko presented this item before the Town Council. The
requirements set forth in PD-68 state that site plans and associated landscape and façade
plans for pad sites within the Shops at Prosper Trail development shall be approved by
the Planning & Zoning Commission and the Town Council. The proposed site plan shows
a 3,800 square-foot bank building for Bank of America, which has been approved by the
Planning & Zoning Commission.
Donald Silverman, the applicant, addressed the Council and confirmed that the brick on
the bank building will be similar to that used on the Kroger Marketplace on Preston Road
at Prosper Trail.
Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the
motion to approve a Site Plan for a bank in the Shops at Prosper Trail (Bank of America),
on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail, subject
to Town staff recommendations. The motion was approved by a vote of 6-1, with
Councilmember Korbuly casting the opposing vote.
11. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the design of the Lower Pressure Plane Elevated
Storage Tank project. (SG)
12. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply
Line Phase 1 project. (SG)
13. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Freese and Nichols, Inc., and the Town
of Prosper, Texas, related to the design of the Custer Road Pump Station Expansion
project. (SG)
Mayor Smith opened Items 11, 12, and 13 concurrently.
Item 5a
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Steve Glass, Deputy Director of Engineering, presented all three items before the Town
Council. Town staff recommends approval of three Professional Services Agreements for
projects related to the development of water infrastructure within the Town. The first is for
the design of the Lower Pressure Plane Elevated Storage Tank, to be located along
Fishtrap Road east of Teel Parkway. The second agreement is for the design of the Lower
Pressure Plane Water Supply Line Phase I project, which includes the extension of nearly
4.8 miles of water supply line from the existing main on Fishtrap Road to Coit Road. The
third agreement will provide for the design of the Custer Road Pump Station Expansion
project, which will add the sixth and final pump to the existing Custer Road Pump Station.
The addition of the pump, elevated storage tank, and water supply line will allow the Town
to delay the construction of the dedicated Lower Pressure Plane Pump Station and the
Ground Storage Tank project.
After discussion, Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang
seconded the motion to approve the following:
Authorizing the Town Manager to execute a Professional Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to
the design of the Lower Pressure Plane Elevated Storage Tank project.
Authorizing the Town Manager to execute a Professional Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to
the design of the Lower Pressure Plane Water Supply Line Phase 1 project.
Authorizing the Town Manager to execute a Professional Engineering Services
Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to
the design of the Custer Road Pump Station Expansion project.
The motion was approved by a vote of 7-0.
14. Consider and act upon an amendment to the Budget/Capital Improvement Plan.
(KN)
Finance Director Kelly Neal presented this item before the Town Council. The budget
amendment would provide funding for property acquisition related to the future widening
of First Street, as well as developer reimbursements related to the Prosper Lake on
Preston and the Preserve at Doe Creek Developments. Capital projects related to several
water infrastructure projects are also included in this amendment. The Council
encouraged staff to make sure reimbursement agreements clearly stipulate what
expenses are reimbursable, and that the scope of each project is correctly stated.
After discussion, Councilmember Korbuly made a motion and Councilmember Dugger
seconded the motion to approve Ordinance No. 17-33 amending the FY 2016-2017
Budget and Capital Improvement Plan. The motion was approved by a vote of 7-0.
15. Discussion on proposed amendments to the Zoning Ordinance regarding guest
houses, garage apartments, and accessory structures. (Z16-0014). (JW)
Development Services Director John Webb presented this item before the Town Council.
Recent developments of accessory structures and guest houses have warranted the need
to review the standards of these uses to ensure the structures do not have a negative
impact on adjacent residential properties. In addition, staff has received requests to
reduce the required rear yard setback on single family lots to accommodate attached
Item 5a
Page 8 of 9
accessory structures such as patio covers. Mr. Webb reviewed the current standards in
the Zoning Ordinance, and provided several recommendations for amendments to
address recent requests and current trends. Town Attorney Terry Welch added that a bill
in the state legislature on short-term property rental could have an effect on rental
requirements in the Town’s ordinance, prohibiting the Town from restricting short-term
rentals. An ordinance amendment may be required if the bill is approved.
Mayor Smith recognized the following individual who requested to speak:
George Dupont, 1400 Harvest Ridge Lane, Prosper, spoke in favor of the request.
Town staff will return to a future Council meeting with proposed revisions to the ordinance.
No further action was taken.
16. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
16a. Section 551.087 – To discuss and consider economic development
incentives.
16b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
16c. Section 551.074 – To discuss appointments to the Board
of Adjustment/Construction Board of Appeals, Parks & Recreation Board,
Library Board, Prosper Economic Development Corporation Board, and
Planning & Zoning Commission.
The Town Council recessed into Executive Session at 8:30 p.m.
17. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:50 p.m. No action was taken as
a result of Executive Session.
18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Fire Station #2 as future polling location. (RB)
Town Secretary/PIO Robyn Battle briefed the Council on this item. The Denton County
Elections Administration recently contacted Ms. Battle about the possibility of using
Fire Station No. 2 as a polling location for future elections. Town staff will work with
County staff to make the facility available for use on Election Day only beginning with
the November 7, 2017, election.
Item 5a
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Town Hall Update. (HW)
Hulon Webb, Executive Director of Development and Community Services, and Bryan
Ausenbaugh, Fire Marshal and project staff liaison, provided an update to the Council
on the construction of the new Town Hall facility. The Council narrowed down their
choices for brick and mortar color. Staff will provide samples for viewing within
approximately one week. The Council also requested cost estimates to add the Town
seal to features within the building, such as doors, elevators, hinges, doorknobs, and
chair upholstery. The Council favored the seal in the lobby floor to be done in stone,
rather than stainless steel. The Council approved of the interior finishes that have
been selected for the lobby, Council Chambers, and the Executive Conference Room.
Councilmember Dugger requested staff to investigate the bus that has been parked
for quite a while on a property in the downtown area.
19. Adjourn.
The meeting was adjourned at 9:28 p.m., on Tuesday, April 11, 2017.
These minutes approved on the 25th day of April, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 1
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 25, 2017
Agenda Item:
Consider and act upon an ordinance amending a portion of Planned Development-25 (PD-25),
on 236.5± acres, in order to modify the residential architectural requirements, located on the east
side of Coit Road, 800± feet south of First Street. (Z17-0001).
Description:
On April 11, 2017, the Town Council approved the rezoning request, by a vote of 7-0, an ordinance
has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
Staff Recommendation:
Staff recommends that the Town Council approve an ordinance amending a portion of Planned
Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural
requirements, located on the east side of Coit Road, 800± feet south of First Street.
Proposed Motion:
I move to approve an ordinance amending a portion of Planned Development-25 (PD-25), on
236.5± acres, in order to modify the residential architectural requirements, located on the east
side of Coit Road, 800± feet south of First Street.
Prosper is a place where everyone matters.
PLANNING
Item 5b
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE AND ORDINANCE NO. 06-73, BY REZONING
A TRACT OF LAND CONSISTING OF 236.498 ACRES, MORE OR LESS,
SITUATED IN THE JAMES STONE SURVEY, ABSTRACT NO. 847, THE I.C.
WILLIAMSON SURVEY, ABSTRACT NO. 948, AND THE SPENCER GRAHAM
SURVEY, ABSTRACT NO. 359, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-25 (PD-25) TO
PLANNED DEVELOPMENT-25 (PD-25); DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Town’s Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has received a request from Ford
United Development Funding (“Applicant”), to rezone 236.498 acres of land, more or less,
situated in the James Stone Survey, Abstract No. 847, the I.C. Williamson Survey, Abstract No.
948, and the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County,
Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town’s Zoning Ordinance and Ordinance No. 06-73. The Town’s
Zoning Ordinance, adopted by Ordinance No. 05-20 and Ordinance No. 06-73 are amended as
follows: The zoning designation of the below-described property containing 236.498 acres of
land, more or less, situated in the James Stone Survey, Abstract No. 847, the I.C. Williamson
Survey, Abstract No. 948, and the Spencer Graham Survey, Abstract No. 359, in the Town of
Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous
Item 5b
Ordinance No. 17-__, Page 2
and/or adjacent thereto is hereby rezoned as Planned Development-25 (PD-25). The property
as a whole and the boundaries for each zoning classification are more particularly described in
Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with the planned development standards, attached hereto
as Exhibit B, which are incorporated herein for all purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
Item 5b
Ordinance No. 17-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications, as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF APRIL, 2017.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 5b
I
t
e
m
5
b
Exhibit “B”
Planned Development Standards
Except as otherwise set forth in these development standards, the property set forth in
Exhibit A, shall develop under Ordinance 06-73, as adopted by the Town Council on July
11, 2006.
EXHIBIT “F”
Single-family Residential Tract ‘A’ Design Guidelines
2. EXTERIOR MATERIALS & DETAILING:
2.3. DELETED
2.5. DELETED
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.
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 comer lots).
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
Item 5b
shall include at least one evergreen tree. The species of the trees shall be selected
from the Town’s Plant List for “Large Trees.”
EXHIBIT “G”
Single-family Residential Tract ‘B’ Design Guidelines
2. EXTERIOR MATERIALS & DETAILING:
2.3. DELETED
2.5. DELETED
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.
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 comer lots).
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 at least one evergreen tree. The species of the trees shall be selected
from the Town’s Plant List for “Large Trees.”
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 25, 2017
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached is the Site Plan that was acted on by the Planning & Zoning Commission at their April
18, 2017, 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.Attachment 1 – Site Plan for expansion of the Cotton Gin
Attachment Summary:
Project
Name Type Location Building Size
Existing/
Proposed Uses
Known
Tenant
Cotton Gin Site Plan Northwest corner of
Broadway Street
and Main Street
4,713 restaurant
and 1,373 patio
Restaurant Cotton
Gin
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Item 5c
Item 5c
Item 5c
Page 1 of 2
To: Mayor and Town Council
From: John Webb, AICP, Director of Development Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 25, 2017
Agenda Item:
Conduct a Public Hearing and receive comments on the Prosper Old Town Area Assessment
Summary Report.
Background/Description of Agenda Item:
The Town retained the professional services of Kimley Horn to assess the opportunities and
constraints of the commercial core of the Old Town Area, solicit feedback from stakeholders,
facilitate a public workshop, develop a shared vision, and create a list of implementation
strategies. The Kimley Horn team included 1) the Ricker Cunningham Group for market
assessment services, 2) Strategic Solutions for public outreach, and 3) Prologue Planning for
implementation.
On average, the team members each have 25+ years of experience in working with communities
on similar projects. As a group, the team most recently completed downtown projects in,
•Richardson
•Rowlett
•Fairview
•Bulverde
In October 2016, Karen Walz with Strategic Solutions, interviewed the Mayor, Council Members,
and appointed board members. In December 2016, Anne Ricker with the Ricker Cunningham
Group, interviewed local builders and developers. In addition, in December 2016, the team
facilitated a public workshop, where 40 residents provided input on their vision for the future of
the area.
The attached report summarizes the team’s work and findings which includes,
•Vision Statement
•Guiding Principles
•Development Framework Plan
•Market analysis
•Possible strategies for implementation
Prosper is a place where everyone matters.
PLANNING
Item 7
Page 2 of 2
During the April 25th meeting, staff and the consultants will review the major findings of the study
and note possible next steps.
Attached Document:
1. Prosper Old Town Area Assessment Summary Report
Town Staff Recommendation:
Town staff desires to receive feedback from the public and the Town Council on the report.
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Prosper Old Town Area Assessment
Summary Report
DRAFT 03.23.2017
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Prosper Old Town Area Assessment2
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Prosper Old Town Area Assessment 3
TABLE OF CONTENTS
Executive Summary 5
Introduction 9
Process Overview 11
Physical Opportunities 12
Principles of Downtown Revitalization 13
Market Analysis 13
Property Characteristics 14
Trade Area 16
Indicators 16
Demand by Use and Product Type 16
Summary 20
Stakeholder Desires 21
Interviews 21
Old Town Prosper Workshop 22
Findings / Recommendations 23
Vision Statement / Guiding Principles 23
Development Framework 25
Land Use / Development 26
Mobility 26
Urban Design 27
Implementation 27
Appendices 31
I. IMPLEMENTATION MATRIX I
II. EXISTING PHYSICAL CONDITIONS II
III. EXISTING MARKET CONDITIONS CASE STUDIES III
IV. COMPLETE INTERVIEW NOTES IV
V. COMPLETE WORKSHOP NOTES V
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Prosper Old Town Area Assessment4
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Prosper Old Town Area Assessment 5
Executive Summary
Prosper’s old town area was traditionally the town’s commercial “heart” with numerous shops servicing the community. While many of the historic structures
that existed during old town’s heyday are now gone, a small core area of commercial uses still exists in the area. When the town adopted a new comprehensive
plan in 2012, limited attention was given to the old town area since the community was focused on managing growth and coordinating public and private
investments on a larger scale. To build upon the momentum created by several investments in the old town area, the town engaged a consultant team in
the summer of 2016 to provide an assessment of opportunities in the old town area, and to work with area stakeholders in establishing a vision for old town,
and recommendations for implementing that vision. The process of developing a future vision for old town prosper focused on an assessment of physical
opportunities, market potential and stakeholder desires.
Vision Statement / Guiding Principles
The following vision statement is the overall declaration of what Prosper’s stakeholders (citizens, business and property owners and elected officials) desire for
Old Town Prosper in the long term:
Old Town Prosper is an authentic and appealing destination for people who want to work, shop and gather with friends and neighbors in a unique
place that reflects Prosper’s proud farming heritage and its support for local people and businesses.
Old Town Prosper will achieve this vision by following these seven Guiding Principles:
1. New public and private investment should maintain the authentic, small town character of Old Town.
2. Old Town’s character should be shared and celebrated with a clear and consistent brand that communicates this identity.
3. Private developments and public improvements to Old Town’s physical environment should be consistent with the Town’s design guidelines for Old
Town.
4. Old Town should offer Prosper residents and visitors many gathering places, including both outdoor spaces such as plazas and open spaces and indoor
places such as restaurants and performance spaces.
5. The Town’s planning and economic development initiatives should attract a mix of land uses that is consistent with Old Town’s desired character and
supported by the market.
6. Events and activities in Old Town should be programmed to provide frequent and varied attractions that draw people to the area.
7. Old Town’s streets, sidewalks and parking should be managed for mobility, enabling people to reach Old Town easily by car and then walk or bike to
specific places once they’ve arrived.
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Prosper Old Town Area Assessment6
Development Framework
The Framework Plan builds upon the Physical and Market Opportunities assessment for Old Town and highlights many of the common themes expressed by
area stakeholders through the interview process and exercises at the Old Town Prosper Workshop. The Framework Plan also strives to balance short-term
opportunities that can be achieved with minimal investment with longer-term vision elements that may require public or private sector initiatives. The overall
Framework Plan highlights Land Use, Mobility and Urban Design opportunities in Old Town.
FUTURE
GATES OF PROSPER
FUTURE
GATES OF PROSPER
Adaptive Reuse /
Reinvestment
Potential Live / Work
Retail Core
Civic Core
Future Festival Street
Future Opportunity
Site
Neighborhood
Connector to Old Town
Gateway (Primary)
Gateway (Secondary)
Signature Gateway at
Preston Road
Park / Open Space
Opportunity
Secondary Street
Street Types Per Old Town
Transportation Plan
Section C
Section D
Section E
Section F
Section G
Standard 4D-90’
R.O.W
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Prosper Old Town Area Assessment 7
Implementation
To execute the plan, a set of strategies has been developed and categorized based on the desires and aspirations expressed by the community for the future
of Old Town in the workshop and the stakeholder interviews. These strategies include both tools and structures that are aimed at moving the plan forward and
removing barriers to development / redevelopment as opposed to creating new obstacles. The top ten high priority strategies are as follows:
Communication and Engagement
• Develop new Council policies and community objectives, or modify existing ones, to ratify the Old Town revitalization effort
• Meet with landowners in the Old Town Area to help them understand the new vision, including the benefit of rezoning their property to align with the vision,
and to solicit their input and advocacy for the initiative
Regulations and Procedures
• Where there are inconsistences, update official planning and policy documents to reflect the new vision for Old Town, including but not limited to the
Comprehensive Plan, Thoroughfare Plan, Parks, Recreation & Open Space Master Plan and Capital Improvements Plan
• Amend the applicable sections of the building, zoning, signage, fencing, landscaping, parking and other regulations to reflect the unique conditions in Old
Town and the future vision for the area
Economic Development
• Prepare a detailed market demand analysis in order to understand the demand for specific land uses in Old Town and support for different real estate
product types based on demographics and lifestyle preferences
Capital Investments
• Evaluate key components of the utility and infrastructure systems in the Old Town area— particularly the potential festival street—to identify improvements
necessary to support the revitalization effort
Financial Tools
• Evaluate the full range of financial tools available to achieve the vision—special districts (Tax Increment Financing, Municipal Utility Districts and/or Municipal
Management Districts), interagency grants (federal, state, county), donations from individuals or foundations, sponsorships, etc.—and implement the option
or combination of options best suited to the Old Town Prosper revitalization initiative
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Prosper Old Town Area Assessment8
Design Guidance
• Establish a set of standards for Old Town—streetscape, architectural, building, site design—that reflect the vision and sustain the unique identity of the area
• Promote the creation of indoor and outdoor gathering places in Old Town by amending existing plans and regulations to encourage contributions to shared
and public space
Parks, Trails, and Open Space
• Identify potential park, open space, trail and public gathering space locations in and near Old Town, and develop a plan for acquiring the sites and
completing the improvements
• Ensure that the parking lot planned at the new Town Hall facility is designed to accommodate public gathering events during off-peak periods
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Prosper Old Town Area Assessment 9
Introduction
Prosper’s Old Town Area was traditionally the commercial “heart” of the
community. Generally located on Broadway Street west of Coleman Street,
Old Town during the early 20th century was a vibrant downtown with
multiple grocery / dry good stores, drug stores, banks, a flour mill, a cotton
gin and numerous other shops servicing the community. While many of the
historic structures that existed during Old Town’s heyday are now gone, a
small core area of commercial uses still exists there along a two-block area
on Broadway Street. This core area provides the inspiration and a basic
framework for the revitalization of the Old Town Area.
When the Town adopted a new Comprehensive Plan in 2012, limited
attention was given to the Old Town Area since the community was focused
on managing growth and coordinating public and private investments
on a larger scale. To encourage reinvestment in the Old Town Area, the
Town created Neighborhood Empowerment Zone No. 1 (NEZ) for the
commercial core of Old Town in 2009. While the NEZ reduces or waives
many development-related fees and sales / property taxes, it has
yielded limited results. In late 2016, the Town broke ground for the
construction of a new 50,000 square foot, three-story Town Hall
/ Library at the location of several ballfields on Main Street, south
of Broadway. That move provided an important message to the
development community: the Town views Old Town as a valuable asset
worthy of future public and private sector investment.
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Prosper Old Town Area Assessment10
Figure 1 - Study Area Zone Boundaries
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Prosper Old Town Area Assessment 11
Process Overview
The process of developing a future vision for Old Town Prosper was based on an understanding that a successful vision must be built upon:
• Physical Opportunities present in the Old Town Area;
• Market Potential resulting from Old Town Prosper’s unique built environment, location, and demographics; and
• Stakeholder Desires for the future of Old Town Prosper.
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Prosper Old Town Area Assessment12
Physical Opportunities
Physical factors can have an influence on the way an area has developed historically and on the opportunities or barriers that exist for future development.
Those factors can be categorized as either natural or man-made features. Natural features typically include water bodies (streams and lakes), floodplain and
wetland areas, topographic elements, tree stands and other significant natural features. Man-made features typically include elements of the built environment,
such as transportation corridors (roads, railroads, etc.), utilities and buildings, but may also include other characteristics that can influence development
patterns and types, such as jurisdictional boundaries, property boundaries, zoning and other regulations.
In the Old Town Prosper Area, the physical factors influencing development are primarily man-made. The key physical factors mapped as part of the Old
Town Assessment include Existing Land Use, Future Land Use (From the 2012 Comprehensive Plan), Existing Parcel Size, Existing Public Facilities, Existing
Special Overlay Districts, Existing Utilities and Existing Zoning. Appendix II contains all the existing physical conditions maps reviewed as part of the Old Town
Assessment. Several items of note were observed during the review of these conditions, including:
• Existing Land Use. The current uses in Old Town include a mix of retail, office, civic, residential, open space and some light industrial; however, there are a
significant number of parcels that are vacant or underutilized which take away from the potential vibrancy of the area.
• Existing Public Facilities. The Town of Prosper has a significant presence in or near the Old Town Area with the Town Hall, Town Hall Annex Municipal Court
and Police Department being in the core study area and Development Services and Public Works located nearby. Additionally, the construction of the new
multi-purpose Town Hall, which will include the Library, on the west side of Main Street, north of First Street, will provide an important employment and
destination base in the Old Town Area and sends an important message to potential investors related to the Town’s commitment to Old Town.
• Existing Parcel Size. Most Old Town parcels are less than two acres in size, but several of those are vacant, contiguous parcels that may be under single
ownership. Additional study should be undertaken to review ownership patterns in the Old Town Area to determine if some of the contiguous parcels could
be combined to provide more substantial development sites. Additionally, three sites in the Old Town Area are between two and five acres in size and are
either vacant or significantly underutilized. Two of these sites are within proximity to the core of Old Town, being located on the Northeast and Southwest
corners of Broadway and McKinley Streets.
• Existing Transportation Corridors. With the existing grid pattern of streets in the Old Town Area, there is currently a reasonable amount of connectivity for
on-street access; however, pedestrian access in and around Old Town is lacking, and pedestrian connectivity to the existing residential neighborhoods to
the east and north is inadequate. The existing rail line on the western edge of Old Town establishes a boundary and a barrier to future development to the
west, but it does not seem to have a detrimental impact on the Old Town Area. In order for the impact of the railroad to remain minimal, it will be important
that the current rail crossings at First Street and Fifth Street be maintained and upgraded.
• Existing Utilities. All properties in the Old Town Area have access to water, sanitary sewer and electric service; natural gas service is available in the core
retail area. The capacities and condition of these improvements need to be evaluated, however, in terms of their ability to support increased development in
the Old Town Area.
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Prosper Old Town Area Assessment 13
Principles of Downtown Revitalization
The last three decades have taught municipalities throughout the United States that the most successful
community redevelopment initiatives have at their core – functioning public –private partnerships. They
discovered that through these partnerships, property owners, business interests and advocacy entities
are afforded essential tools necessary to meet the challenges inherent in redevelopment and infill projects;
and correspondingly, the public sector is ensured involvement in all aspects of investment decisions and
offered the ability to most effectively leverage municipal resources for the benefit of the entire community.
Figure 2 highlights a few of redevelopment challenges, while the Figure 3 presents critical aspects of an
effectual collaboration.
Market Analysis
The purpose of any market analysis is to:
• Provide a “reality check” for land use planning
• Ensure that development programming recommendations are grounded in market and economic
reality
• Set the stage for implementation
• Provide an accurate and independent “story” to tell potential development and investor audiences
While determining market feasibility is still largely based on the principles of supply and demand, a
comprehensive assessment requires consideration of additional factors, including:
• Site capacity relative to building needs
• Physical attributes that favor certain uses over others
• Condition and presence of available infrastructure
• Prevailing industry trends that dictate building formats
• Supportive policies and regulations
• Development entities with relevant experience
• Resources competitively priced and available to finance construction
Figure 4 illustrates how these various factors are considered in the context of the analysis. The “top
down analysis” involves consideration of select factors that indicate levels of market support for different
land uses and product types within a defined geography, herein referred to as a “trade area.” For
instance, factors such as anticipated growth in households, spending, and employment; characteristics
of residents, consumers, and visitors; performance of potentially competitive projects; and, capacity of
Figure 3
Figure 2
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Prosper Old Town Area Assessment14
the “delivery system” (those individuals and institutions who supply product inventories) establish the size of the market from which each project competes for
its fair share. Conversely, the “bottom up analysis” evaluates factors that will influence an area’s or site’s ability to capture or attract investment in specific land
uses and product types. Among these factors are physical aspects of the property or properties including size, configuration, access and visibility; regulations
such as zoning and other performance requirements; and the investment objectives of the property ownership. In the context of this effort, a limited review of
existing conditions was conducted along with projections of long-term demand for select land uses.
Property Characteristics
The Old Town Area is approximately 67 acres, bound by First Street, Coleman Street, Fifth Street and the Burlington Northern Railroad. It represents the
community’s historic core and hosts remnants of its agricultural roots. Residential and non-residential land uses co-exist with industrial businesses, public and
park spaces, and infrastructure supporting region-serving utility providers.
As reflected in the tables that follow, of the 101 properties comprising the area, slightly more than half maintain improvements ranging in age from 1889 to
2014, with the majority completed between 1991 and 2010. Property owners in the Area are a mix of public and private individuals and entities, the largest
owner (in terms of number of parcels) being the Town of Prosper. The Burlington Northern Santa Fe Railroad Company maintains a significant rail corridor, and
Southwestern Bell operations on two separate parcels.
Figure 4
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Prosper Old Town Area Assessment 15
The majority of property owners maintain a Prosper address, followed by
locations in other parts of the Metroplex. Only nine parcels, totaling less than
2 acres, are held by out-of-state interests.
These and other characteristics pose either barriers to, or opportunities for,
investment. In the context of a revitalization initiative such as this one, the
public sector plays a vital role as the entity best able to establish programs
and policies to eliminate barriers and capitalize on opportunities. This said,
success will be dictated by numerous factors, not the least of which is the
community’s ability to effectively position itself and its assets for investment.
Figure 5
Figure 6
Figure 7
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Prosper Old Town Area Assessment16
Trade Area
A trade area is the geography from which retailers, home builders, and employers draw and compete for the majority of their consumers, residents and
employees. It is also the area where their most direct competitors (if any), are located. While many development projects also draw from secondary and tertiary
trade areas, the primary trade area must be sufficient in size and depth, separate and apart from either of these supplemental sources, to feasibly support a
project and correspondingly obtain private financing.
Because Prosper is located in the northern extent of the Dallas-Fort Worth Metroplex in rapidly growing Collin County, and strategically located along the
Dallas North Tollway, its regional draw which extends well beyond its municipal boundaries will likely only be further solidified. For this reason, the trade area
considered here included portions of Collin and Denton Counties.
Indicators
Demographic, economic and psychographic1 characteristics are a barometer of a trade area’s economic health and potential for investment. While the built
environment is often considered a reflection of market demand, this assumption overlooks the potential for supportable products that are only absent because
of the presence of specific obstacles or barriers to investment. Therefore, while this review of these and other market indicators suggests support for a number
of different residential and non-residential product types; actual investment levels will be determined by property owner desires, the expressed community
vision, and sustained support by the public sector.
Demand by Use and Product Type
Demand for commercial retail, service and restaurant space is based on retail expenditures by these principal groups:
• Individuals visiting from outside the trade area
• Current and future residents of the trade area
• Expenditures by residents made outside the trade area (referred to as “leakage”) with the potential to be recaptured
As presented in Figure 8, the methodology used compares all retail expenditures to actual retail sales, among several major retail categories.
1 Psychographics is a term used to describe the characteristics of people and neighborhoods which, instead of being purely demographic, speak more
to attitudes, interests, opinions and lifestyles. PRIZM (Claritas, Inc.) is a leading system for characterizing neighborhoods and the local workforce into one of 65
distinct market segments.
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Prosper Old Town Area Assessment 17
Figure 8
The next step in the analysis considers the site requirements of specific retailers within those categories where demand is sufficient to support one or more
stores or similar facility, relative to the prevailing demographics of the trade area. While the criteria vary by operator, they generally fall into the categories of
population, median household income and traffic counts. Table 9 provides a sample of retailers, their facility needs and preferences, and site criteria.
Demand for residential units is a function of newly formed households, whether they arise through natural increase or net in-migration. Whereas an individual’s
ability to pay for housing is largely a function of household income, actual unit counts are derived based on the capacity of households, today and in the future,
within various income ranges to pay for housing at different price points. This is illustrated in Table 10. Additional consideration is given to lifestyle preferences
that favor renting or owning, maintenance or no maintenance, large lot or no lot; as well as historical trends, builder experience and available investment capital.
Demand for employment space (office and industrial) is derived from two primary sources -- expansion of existing businesses and industries, and relocation
of new businesses to the area. Employment projections were used to estimate demand for different types of space based on the needs of businesses within
different industry group. For example, demand for industrial versus office space is higher among manufacturing, transportation and trade businesses; while
demand for office versus industrial space is higher among businesses in the financial, professional service and health industries.
Long-term demand for specific land uses and product types are summarized in the table below, and suggest a range of uses could be supported in the Old
Town Area, ideally configured in a manner that encourages the integration of public spaces and private uses. Whereas the Study Area has several properties
and multiple owners, each one with its own entitlements, achieving an appropriate balance of uses will depend on the willingness and ability of the Town to
employ a combination of policies, incentives, regulations and capital projects to inform and leverage desired investment.
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Prosper Old Town Area Assessment18
Figure 9
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Prosper Old Town Area Assessment 19
Figure 11
Figure 12
Figure 10
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Prosper Old Town Area Assessment20
Summary
The degree to which the Old Town Area is able to capture a share of demand
within the Trade Area will be a function of the revitalization effort itself. Given
the highly competitive nature of new development, and heightened challenges
associated with redeveloping in infill environments, success will depend on
defining an authentic “place” in the minds of residents and visitors. Further,
incorporating a series of destinations will further increase its ability to capture
not only a greater share of market demand, but also enhance its ability to reach
beyond those boundaries to the larger region. However, this evolution will
necessitate a favorable regulatory environment, stronger connections, balanced
parking and landscaping requirements and a shared understanding of the
myriad of economic obstacles that will have to be overcome.
TEN PRINCIPLES FOR SUCCESSFUL
PUBLIC/PRIVATE PARTNERSHIPS
1. Prepare Properly for Public/Private Partnerships
2. Create a Shared Vision
3. Understand Your Partners and Key Players
4. Be Clear on the Risks and Rewards for All Parties
5. Establish a Clear and Rational Decision-Making Process
6. Make Sure All Parties Do Their Homework
7. Secure Consistent and Coordinated Leadership
8. Communicate Early and Often
9. Negotiate a Fair Deal Structure
10. Build Trust as a Core Value
Source: Urban Land Institute.
Item 7
Prosper Old Town Area Assessment 21
Stakeholder Desires
The ultimate success of the Old Town Area Assessment will depend upon whether it accurately reflects the needs and desires of the Old Town stakeholders
and whether there are appropriate mechanisms for implementing the vision and goals outlined in this document. Since the Vision for Old Town is intended
to reflect the consensus vision of the community, stakeholder input was a critical aspect of the Old Town Area Assessment. Stakeholder input was achieved
through interviews with property owners, business owners, area developers, representatives of Old Town organizations and elected and appointed officials.
Additionally, a community workshop provided a venue for the community-at-large to provide input to the Old Town Prosper vision.
Interviews
Two rounds of interviews were held with key stakeholders in the Old Town Area. The first round of interviews occurred on October 27th, 28th and November
2nd, 2016, and included individual, small group and telephone interviews with the Mayor and Town Council members, Planning & Zoning Commission
Members, Library Board Members and members of the Prosper Historical Society. The questions in these interviews focused on stakeholder preferences for
the future of Old Town, and perceptions related to the types of actions that would be needed for the vision to come to fruition. Some of the most notable ideas
and issues that came from these interviews include:
• People need more reasons to come to Old Town. Everyone noted breakfast at the Cotton Gin as motivation for a visit, but many people said there’s not a
lot else. There was support for activities in Old Town, such as holiday events.
• Old Town must retain its character. This general idea was echoed in all discussions. But what exactly does this mean, and which tools will the Town
consider to achieve this desirable character? The study process was designed to get a sense about what aspects of the existing character are important
to the broader group of participants.
• Old Town should be local. It should focus on retail and restaurants that are local, boutique, non-chain or otherwise unique. This is an important way to
differentiate Old Town from the Gates of Prosper. What type of “boutique” uses might enjoy market support and which would require some sort of Town
assistance or subsidy need to be considered.
• A gathering place is needed in Old Town. This might be outdoor space such as a plaza or green space; it could also include some sort of indoor place for
meetings, workshops or events. The feasibility of the type of space, amenities and potential locations should be explored.
• Walking and biking are a focus within Old Town. While people are generally interested in having Old Town itself be walkable, most stakeholders did not think
it’s particularly feasible or important to create connections for walking and biking to Old Town from other parts of Prosper. Travel from Old Town to the rest
of the community will almost always be by car.
The second round of interviews occurred on December 8th and 9th, 2016, and included individual interviews with local property owners and developers.
These interviews focused on the types of development that the market could potentially support in Old Town and any barriers to those investments. Each of
those ideas was presented in the context of observed and identified issues which present either barriers to, or opportunities for, investment and reinvestment.
The issues were then organized into six categories – Market, Physical, Financial, Regulatory, Organizational and Political.
A complete listing of comments received in the two rounds of stakeholder interviews is contained in Appendix IV of this document.
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Prosper Old Town Area Assessment22
Old Town Prosper Workshop
Forty individuals attended an Old Town Prosper Workshop on December 8, 2016. The event was organized to gather input from participants through a series
of individual and small group activities. From 5:00 – 6:00 p.m., attendees were given the opportunity to review background materials at a series of topical
stations arranged around the meeting room. The stations included:
• A “Where am I?” display at the registration table, where participants could indicate on a map where they live and work
• An Existing Conditions station where participants could review and comment on the existing physical conditions materials
• A Projects Underway station where participants could review the master plans for the Town Hall and The Gates of Prosper development
• An Infrastructure station that included a map of CIP projects in Old Town
• A station focused on Market Opportunities in the area, and
• Two stations with images from other Downtown Areas in Other Communities.
From 6:00 to 8:00 p.m., participants were divided into six groups to discuss several topics. The first exercise involved developing each team’s vision for the
best possible future for Old Town Prosper. As a part of this discussion, each team was asked to prepare a short title or theme for their vision and to list any key
features or details that would be important to that vision. There were several ideas that were common themes from each group, including:
• Vibrant heart of our community
• Family based
• Community destination
• Quaint and unique
The second part of the visioning exercise asked each team to describe key features or details that were important to their theme. Team responses included:
• Historic buildings including silos
• Sense of place through street furnishings (benches, lamp posts,
landscaping)
• Green space
• Restaurants with outdoor seating
• Coffee shops
• Bakery
• Wide sidewalks – walkable and bikeable
• Community / Senior center
• Performing arts theatre
• Museum
• Bed and breakfast
• Events
• Local businesses (not national chains)
A follow-up exercise focused on each group’s ideas related to the types of developments or investments that they considered most important to achieving their
vision for the future. Among the common themes expressed by each group were:
• Infrastructure / Utilities
• Unique lighting and landscaping
• Signage
• Tax Reinvestment Zone
• Event Center
The detailed documentation of all the workshop station comments and group activities can be found in Appendix V of this document.
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Prosper Old Town Area Assessment 23
Findings / Recommendations
Based upon the consultant team’s assessment of existing physical opportunities,
market conditions and stakeholder desires, the following recommendations have
been prepared to guide future investment in Old Town Prosper.
Vision Statement / Guiding Principles
The vision statement below is the overall declaration of what Prosper’s
stakeholders (citizens, business and property owners and elected officials) desire
for Old Town Prosper in the long term. It is based upon the consensus of multiple
ideas expressed by community stakeholders through the activities described
previously. Future policy and decision-making should be compatible with the
following vision statement.
VISION STATEMENT
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Prosper Old Town Area Assessment24
Old Town Prosper will achieve this vision by following these seven Guiding Principles:
1. New public and private investment should maintain the authentic, small town character of Old Town.
2. Old Town’s character should be shared and celebrated with a clear and consistent brand that communicates this identity.
3. Private developments and public improvements to Old Town’s physical environment should be consistent with the Town’s design guidelines for Old
Town.
4. Old Town should offer Prosper residents and visitors many gathering places, including both outdoor spaces such as plazas and open spaces and indoor
places such as restaurants and performance spaces.
5. The Town’s planning and economic development initiatives should attract a mix of land uses that is consistent with Old Town’s desired character and
supported by the market.
6. Events and activities in Old Town should be programmed to provide frequent and varied attractions that draw people to the area.
7. Old Town’s streets, sidewalks and parking should be managed for mobility, enabling people to reach Old Town easily by car and then walk or bike to
specific places once they’ve arrived.
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Prosper Old Town Area Assessment 25
Development Framework
The Framework Plan builds upon the Physical and Market Opportunities assessment for Old Town and highlights many of the common themes expressed by
area stakeholders through the interview process and exercises at the Old Town Prosper Workshop. The Framework Plan also strives to balance short-term
opportunities that can be achieved with minimal investment with longer-term vision elements that may require public or private sector initiatives. The overall
Framework Plan highlights Land Use, Mobility and Urban Design opportunities in Old Town.
FUTURE
GATES OF PROSPER
FUTURE
GATES OF PROSPER
Adaptive Reuse /
Reinvestment
Potential Live / Work
Retail Core
Civic Core
Future Festival Street
Future Opportunity
Site
Neighborhood
Connector to Old Town
Gateway (Primary)
Gateway (Secondary)
Signature Gateway at
Preston Road
Park / Open Space
Opportunity
Secondary Street
Street Types Per Old Town
Transportation Plan
Section C
Section D
Section E
Section F
Section G
Standard 4D-90’
R.O.W
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Prosper Old Town Area Assessment26
Land Use / Development
The Land Use opportunities indicated in the Framework plan highlight many of the ideas that were expressed by individuals at the table discussions and
visual preference polling in the Old Town Workshop. The land use framework starts with reinforcing the retail core along Broadway Street, and recommends
reinvestment in existing historic structures in this zone, and infill of new buildings with a similar architectural character to the historic structures. The framework
also recommends that land uses in Old Town continue to focus on horizontal mixed use, with the form, character and relationship of buildings to the street
being more important than the specific uses that occur in each individual unit.
Several sites are identified as future opportunity sites. Some sites, such as the silo site at the corner of McKinley and Broadway Streets, have existing buildings
and were envisioned by the community to be appropriate for specific uses such as a farmer’s market, or a specialty festival market area. Other vacant sites are
highlighted which could accommodate a wide range of marked supporting uses as indicated in the photos on the diagram.
Additional areas were highlighted as areas appropriate for adaptive reuse or redevelopment. Many of these areas have smaller parcels with multiple owners,
and older structures that are not of a historic character. One option for these parcels is for the zoning to be modified to allow a wider range of uses than were
originally allowed on the sites. This change can often be a spark for market forces to take over and reinvest in these types of properties. A second option
could be for the sites to redevelop with a character that supports the overall character of the Old Town area.
Finally, several large parcels of Old Town located along McKinley south of Broadway Street contain businesses that are of a heavier commercial character. This
area could support live/work types of uses supporting a range of small businesses that could have a synergy with Old Town such as microbreweries, coffee
roasters, wineries and even incubator spaces for artists.
Mobility
The Mobility aspects of the framework plan generally reflect the roadway cross section concepts developed for the Old Town area in the Prosper
Comprehensive Plan. In addition to those concepts, the plan recommends that bicycles should be accommodated within the Old Town area for individuals
that want to use that transportation mode to get around the area. The plan also calls for sidewalk improvements along all the streets in the surrounding
neighborhoods and into Old Town. Old Town is within a very short walk from these surrounding neighborhoods and with the simple addition of sidewalks,
these residents could have direct access to the businesses and attractions in the area.
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Prosper Old Town Area Assessment 27
Urban Design
The Urban Design opportunities highlighted in the Framework Plan are intended to add an additional layer of interest and image to the area. A hierarchy of
gateway elements is recommended starting with a signature gateway at the intersection of Preston Road and Broadway Street. This gateway would essentially
act as the proclamation for the region that Old Town exists and is worthy of experiencing.
Primary gateways are envisioned to announce the primary entrances into the Old Town area and are intended to provide an initial peek at the brand or
character that the Old Town area is intending to portray to the community. They would be located at the primary roadways that access Old Town and would
be located on First Street at the Railroad Track on the west, and at Coleman Street on the east. A final primary gateway is recommended to occur at Coleman
Street and Broadway Street. Secondary Gateways would be envisioned to serve a similar purpose as the signature and primary gateways, but would be in
areas that would not receive as much visibility as those elements previously described.
Several sites are identified as potential locations for public open space. These sites were chosen due to their ability to create linkages between the future Town
Hall, the commercial core along Broadway Street, and the future opportunity sites to the west. The design elements in these open spaces could create an
intuitive and appealing transition from one part of the Old Town District to another. Another important aspect of this concept is the potential to establish two
blocks of Broadway Street in the commercial core into a festival street that could be closed off during the many community events that will be programmed in
Old Town in the future. These types of spaces are an important tool for communities to use, as they allow land that is already in public ownership to be utilized
for special events without having to acquire large parcels of open land that will remain empty for much of the year when events are not taking place.
Implementation
A critical part of any visioning process is the Implementation Plan. The Old Town Implementation Plan outlines the goals of this effort and summarizes the
schedule and resources necessary to turn the vision concepts into reality. To execute the plan, a set of strategies has been developed and categorized based
on the desires and aspirations expressed by the community for the future of Old Town in the workshop and the stakeholder interviews. These strategies
include both tools and structures that are aimed at moving the plan forward and removing barriers to development / redevelopment as opposed to creating
new obstacles. These strategies have been classified in terms of:
Support for the Guiding Principles in this plan, stated in more detail above and summarized below:
1. Authentic, Small-town Character
2. Old Town Brand
3. Improved Physical Environment
4. Gathering Places
5. Appropriate Mix of Land Uses
6. Events and Activities
7. Mobility
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Prosper Old Town Area Assessment28
Alignment with the Major 2016-2017 Council Initiatives
1. Recruit Targeted and Maintainable Economic Development
2. Ensure Quality Development
3. Maintain Safety and Security
4. Provide First Rate Utilities
5. Provide Efficient and Effective Roads and Infrastructure
6. Maximize Recreation and Leisure Opportunities
7. Maintain Community Character
8. Ensure Fiscal Stewardship
9. Maintain a Quality Workforce
10. Improve Town Facilities
Recommended Timing (priority) for focusing on implementing the strategy
• High Priority - Begin immediately upon adoption of the plan
• Short-term - 1 to 3 years from adoption of the plan
• Mid-term - 4 to 7 years from adoption of the plan
• Ongoing - A strategy that will need to become a routine part of Town operations
Relative Public Sector Cost to complete the strategy
• $ - Projects that will be largely staff’s responsibility and / or for which costs are anticipated to be less than $100,000
• $$ - Projects that will likely involve outside assistance from consultants or other entities estimated to cost between $100,000 to $1,000,000
• $$$ - Projects that usually consist of capital improvements in excess of $1,000,000
Outside Entities that can support the Town in implementing the overall vision with funds, advocacy, labor or services (landowners, stakeholders, Chamber of
Commerce, other agencies, consultants)
Potential Outside Sources of Funding (federal, state, county agencies, individuals, organizations, foundations, other entities) to supplement the Town’s costs
for completing the strategy, which may include grants, donations or sponsorships
The strategies are further divided into several categories. The categories and the High Priority item(s) in each are summarized below. Additional Short-term,
Mid-term and Ongoing strategies are included in the detailed Implementation Matrix, Appendix 1:
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Prosper Old Town Area Assessment 29
Communication and Engagement
• Develop new Council policies and community objectives, or modify existing ones, to ratify the Old Town revitalization effort
• Meet with landowners in the Old Town Area to help them understand the new vision, including the benefit of rezoning their property to align with the vision,
and to solicit their input and advocacy for the initiative
Regulations and Procedures
• Where there are inconsistences, update official planning and policy documents to reflect the new vision for Old Town, including but not limited to the
Comprehensive Plan, Thoroughfare Plan, Parks, Recreation & Open Space Master Plan and Capital Improvements Plan
• Amend the applicable sections of the building, zoning, signage, fencing, landscaping, parking and other regulations to reflect the unique conditions in Old
Town and the future vision for the area
Economic Development
• Prepare a detailed market demand analysis in order to understand the demand for specific land uses in Old Town and support for different real estate
product types based on demographics and lifestyle preferences
Capital Investments
• Evaluate key components of the utility and infrastructure systems in the Old Town area— particularly the potential festival street—to identify improvements
necessary to support the revitalization effort
Financial Tools
• Evaluate the full range of financial tools available to achieve the vision—special districts (Tax Increment Financing, Municipal Utility Districts and/or Municipal
Management Districts), interagency grants (federal, state, county), donations from individuals or foundations, sponsorships, etc.—and implement the option
or combination of options best suited to the Old Town Prosper revitalization initiative
Design Guidance
• Establish a set of standards for Old Town—streetscape, architectural, building, site design—that reflect the vision and sustain the unique identity of the area
• Promote the creation of indoor and outdoor gathering places in Old Town by amending existing plans and regulations to encourage contributions to shared
and public space
Parks, Trails, and Open Space
• Identify potential park, open space, trail and public gathering space locations in and near Old Town, and develop a plan for acquiring the sites and
completing the improvements
• Ensure that the parking lot planned at the new Town Hall facility is designed to accommodate public gathering events during off-peak periods
Item 7
Prosper Old Town Area Assessment30
The Implementation Plan is directed at laying out the strategies that will be required to communicate and protect the vision and to preserve the heritage of the
area, which is a source of pride for the community. The successful Old Town of the future will depend on a series of actions, funded and executed over a period
of time and supported by public officials and the community. The Town will play the lead in jump-starting the revitalization process. Other actors, including
private sector partners and other agencies, will play key roles once the Town’s intent and commitment is clear.
The Implementation Plan is designed to clear the way for new investment. Understanding market supply and demand forces, improving the physical
appearance of Old Town, preserving and protecting what makes the area authentic, and creating an identity that is distinct from newer developments will
be crucial to attracting this new investment and the types of activities and uses that the community wants to see. A complete matrix of all implementation
recommendations for Old Town is located in Appendix I of this document.
Item 7
APPENDICES
I. IMPLEMENTATION MATRIX
II. EXISTING PHYSICAL CONDITIONS
III. EXISTING MARKET CONDITIONS CASE STUDIES
IV. COMPLETE INTERVIEW NOTES
V. COMPLETE WORKSHOP NOTES
Item 7
Prosper Old Town Area Assessment32
Intentionally left blank
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Prosper Old Town Area Assessment I-1
I. IMPLEMENTATION MATRIX
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Prosper Old Town Area AssessmentI-2
#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
I. COMMUNICATION AND EDUCATION
Share the Old Town vision with the parties that can make it happen—residents, stakeholders, and representatives of the lending and development
communities
1.Develop new Council policies and community objectives, or
modify existing ones, to ratify the Old Town revitalization effort
C, B, PE, G,
LU, EA, M
High Priority $ED, QD, SS, U, RI,
RL, FS, TF
2.Meet with landowners in the Old Town Area to help them
understand the new vision, including the benefit of rezoning their
property to align with the vision, and to solicit their input and
advocacy for the initiative
C, B, EA High Priority
and Ongoing
$Chamber,
Stakeholders
Chamber, EDC ED, QD, CC
3.Depending on feedback and support from the landowners,
facilitate the creation of an Old Town organization or structure that
can provide input, advocacy and resources and meet periodically
to discuss issues of mutual interest, progress on the initiative and
the organization’s role in moving the project forward
C, B Short-term
and Ongoing
$Chamber, EDC,
Stakeholders
Chamber, EDC ED, QD, CC
4.Host workshops with realtors, developers, lenders and business
owners to inform them of property acquisition, development and
redevelopment opportunities in Old Town and to share market
information from a larger planning study of the area
C, B, LU Short-term
and Ongoing
$Chamber, EDC Chamber, EDC ED, QD, CC
5.Establish an information program describing the new vision for Old
Town, including key messages such as market support for limited
mixed-use space, goals for preservation of important structures,
promotion of public spaces, and support by both the public
and private sectors, that can be tailored for different audiences,
disseminated communitywide and shared with targeted groups
in the region to instill a sense of confidence that progress is being
made
C, B Short-term
and Ongoing
$Chamber, EDC Chamber, EDC ED, QD, CC
6.Establish a formal program with criteria or benchmarks that can
be used to define and measure the success of the redevelopment
effort going forward; review and update periodically
C, B, PE, GM
LU, EA, M
Short-term $ED, QD, FS
Item 7
Prosper Old Town Area Assessment I-3
#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
7.Facilitate a discussion with the town's leaders (Town officials,
Chamber members, Economic Development Corporation
leadership) regarding elements of the vision that may challenge
existing opinions and practices related to specific product types
and development forms
C, B, PE, G,
LU, EA, M
Short-term $Chamber, EDC ED, QD, FS
II. REGULATIONS AND PROCEDURES
Review, revise, or amend official Town plans, documents, regulations, and practices as necessary to implement the vision
8.Where there are inconsistences, update official planning and policy
documents to reflect the new vision for Old Town, including but
not limited to the Comprehensive Plan, Thoroughfare Plan, Parks,
Recreation & Open Space Master Plan and Capital Improvements
Plan
C, B, PE, G,
LU, EA, M
High Priority $$Chamber, EDC,
Stakeholders
ED, QD, SS, U, RI,
RL, CC, TF
9.Amend the applicable sections of the building, zoning, signage,
fencing, landscaping, parking and other regulations to reflect the
unique conditions in Old Town and the future vision for the area
C, B, PE, G,
LU, EA, M
High Priority $$Chamber, EDC,
Stakeholders
ED, QD, SS, U, RI,
RL, CC, TF
10.Develop a parking strategy using public, private, shared, alley
and on-street parking, parking credits or a combination thereof
based on an inventory of existing parking and the potential parking
demand for a redevelopment program; address both daily needs
and parking for special events
C, PE, G,
EA, M
Short-term $$Stakeholders ED, QD, SS, RI, RL,
CC
11.Work with property owners and stakeholders to initiate any
necessary Old Town rezoning(s) or conduct the process as a
Town-initiated effort
C, G, LU Short-term $Stakeholders ED, QD, CC
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#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
III. ECONOMIC DEVELOPMENT
Devise a set of strategies that will attract interest and new investment to the Old Town area
12.Prepare a detailed market demand analysis in order to understand
the demand for specific land uses in Old Town and support for
different real estate product types based on demographics and
lifestyle preferences
C, LU High Priority $Chamber, EDC Chamber ED, CC, FS
13 Develop potential catalyst project scenarios, including a pro
forma analysis, to determine the economic gaps associated with
each based on land prices, existing and planned infrastructure
improvements, construction costs and other market factors
C, G, LU Short-term ED, CC
14.Promote the benefits of the Neighborhood Empowerment Zone
to stakeholders and potential developers
C, B, PE, G,
LU, M
Short-term $Chamber, EDC ED, QD, FS
15.Evaluate and employ programs to support local businesses and
services as the Old Town Area redevelops, including strategies
to a) mitigate impacts during the construction associated with
significant capital improvement projects, b) promote and produce
Old Town events and activities, and/or c) encourage product
diversification as potential competitors enter the market (similar to
practices used by Main Street organizations in other markets)
C, B, PE, G,
LU, EA
Short-term
and Ongoing
$Chamber, EDC,
Stakeholders
Chamber, EDC,
Stakeholders
ED, CC, FS
IV. CAPITAL INVESTMENTS
Plan for, design, fund, and construct the capital improvements necessary to support the Old Town vision
16.Evaluate key components of the utility and infrastructure systems
in the Old Town area— particularly the potential festival street—to
identify the improvements necessary to support the revitalization
effort
LU High Priority
and Ongoing
$$ED, QD, RI, U, FS,
TF
17.Use resources from special districts (once created; see 28.
below) to assist with funding Old Town improvements--parking,
gateways, walking and biking (multi-modal) facilities
C, B, PE, G,
LU, M
Mid-term
and Ongoing
ED, QD, SS, U, RI,
RL, CC, TF
Item 7
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#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
18.Design and construct the necessary utility and infrastructure
improvements
LU Mid-term $$$Stakeholders Stakeholders ED, QD, RI, U, FS,
TF
19.Design and construct the Old Town streetscape improvements,
incorporating the branding strategy where possible
C, B, PE, LU,
EA
Short-
term and
Mid-term
$$$Stakeholders Stakeholders ED, QD, SS, RI, RL,
CC, TF
20.Explore the possibility of a partnership with Oncor to share in the
cost of undergrounding overhead power lines
C, B, PE Short-term $ED, QD, RI, CC, FS
21.Design and construct the Old Town walking and biking facilities
indicated on the Framework Plan, including lighting and safe
crossings
C, B, PE, G,
EA, M
Mid-term $$$Other Agencies Other Agencies ED, QD, SS, RI, RL,
CC, TF
22.Acquire land to address public parking needs in Old Town C, PE, G,
EA, M
Short-term $$$Stakeholders Stakeholders ED QD, SS, RI, RL,
CC, TF
23.Design and construct the Old Town public parking facilities C, PE, G,
EA, M
Mid-term $$$Stakeholders Stakeholders ED QD, SS, RI, RL,
CC, TF
24.Design and construct planned gateway entry enhancements
consistent with the branding strategy
C, B, PE, M Short-
term and
Mid-term
$$Stakeholders Stakeholders,
Foundations
ED, QD, RI, CC, TF
25.Design and construct planned intersection enhancements
consistent with the branding strategy
C, B, PE, M Short-
term and
Mid-term
$$ ED, QD, SS, RI,
CC, TF
26.Develop a wayfinding program consistent with the branding
strategy
C, B, PE,
EA, M
Short-term $$Stakeholders ED, QD, SS, RI,
CC, TF
27.Implement the wayfinding improvements C, B, PE,
EA, M
Mid-term $$ Stakeholders Stakeholders ED, QD, SS, RI,
CC, TF
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Prosper Old Town Area AssessmentI-6
#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
V. FINANCIAL TOOLS
Identify an array of potential techniques to help fund the improvements required to achieve the Old Town vision
28.Evaluate the full range of financial tools available to achieve the
vision—special districts (Tax Increment Financing, Municipal Utility
Districts and/or Municipal Management Districts), interagency
grants (federal, state, county), donations from individuals or
foundations, sponsorships, etc.—and implement the option or
combination of options best suited to the Old Town Prosper
revitalization initiative
C, B, PE, G,
LU, M
High Priority $Other Agencies,
Stakeholders
Other Agencies ED, QD, U, RI, RL,
CC, FS, TF
29.Establish a Council-supported policy encouraging public-private
partnerships as a means of executing the vision
C, B, PE, G,
LU
Short-term
and Ongoing
$Stakeholders,
Other Agencies
ED, QD, U, RI, RL,
CC, FS, TF
30.Meet with public and private lending sources to explore the
potential for creating loan pools funded by multiple entities, for the
purpose of providing low interest loans for meritorious projects in
the area
C, B, G, LU Short-term $Chamber, EDC ED, QD, CC, FS
31.Investigate the potential for creating a Community Development
Corporation (CDC) arm of the Prosper Economic Development
Corporation for the purpose of acquiring and positioning key
parcels in and adjacent to Old Town for development consistent
with the established vision
C, B, LU Short-term $EDC ED, QD, CC, FS
VI. DESIGN GUIDANCE
Develop a set of standards that will create and nurture the unique, small-town environment the community and the stakeholders envision for Old
Town and preserve the area’s heritage
32.Establish a set of standards for Old Town—streetscape,
architectural, building, site design—that reflect the vision and
sustain the unique identity of the area
C, B, PE, G,
LU, EA
High Priority $$Stakeholders ED, QD, SS, RI, RL,
CC, TF
Item 7
Prosper Old Town Area Assessment I-7
#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
33.Promote the creation of indoor and outdoor gathering places
in Old Town by amending existing plans and regulations to
encourage contributions to shared and public spaces
C, B, PE, G,
LU, EA
High Priority
and Ongoing
$Stakeholders Stakeholders ED, QD, RL,CC, TF
34.Implement the Old Town design standards through the plan review
and permitting processes
C, B, PE, G,
LU, EA
Ongoing $Stakeholders ED, QD, SS, RL,
CC, TF
35.Identify locations where physical enhancements can be located
in Old Town and in adjacent neighborhoods to foster consistency
between the two areas
C, B, PE Short-term $ED, QD, CC
36.Landscape/Screen existing surface parking lots C, B, PE, G,
EA
Mid-term $$$Stakeholders Stakeholders ED, QD, CC, TF
VII. PARKS, TRAILS, AND OPEN SPACE
Create open spaces and gathering places that provide new recreation and leisure opportunities, foster pride, and make Old Town a destination for
the community and the region
37.identify potential park, open space, trail and public gathering
space locations in and near Old Town, and develop a plan for
acquiring the sites and completing the improvements
C, B, PE, G,
LU, EA, M
High Priority $Stakeholders,
Other Agencies,
Foundations
Stakeholders,
Other Agencies,
Foundations
ED, QD, RI, RL,
CC, FS, TF
38.Ensure that the parking lot planned at the new Town Hall facility
is designed to accommodate public gathering events during
off-peak periods
C, B, PE, G,
LU, EA, M
High Priority $Foundations Foundations ED, QD, RL, CC,
FS, TF
39.Design and construct park, open space and trail improvements as
Town projects or in conjunction with Old Town stakeholders
C, B, PE, G,
LU, EA, M
Mid-term
and Ongoing
$$$Stakeholders,
Other Agencies,
Foundations
Stakeholders,
Other Agencies,
Foundations
ED, QD, RI, RL,
CC, FS, QW, TF
40.Establish a policy or program that collectively considers
landscaping requirements in the context of parks, open space and
trails, and allow for variances and/or payments in-lieu with a goal
towards establishing and improving community spaces
C, B, G, LU,
EA
Short-term $Stakeholders ED, QD, RL, FS
41.Explore the possibility of a shared bike program so that visitors,
residents and employees can travel within Old Town by bicycle
rather than driving from one destination to another by car
C, B, G, EA Mid-term $ ED, QD, RL, QW,
CC
Item 7
Prosper Old Town Area AssessmentI-8
#Implementation Strategy Guiding
Principles Timing
Public
Sector
Cost
Outside
Entities
Supporting
Town
Potential
Outside
Sources of
Funding
Major 2016-
2017 Council
Initiatives
Supported
42.Program Old Town parks and open space for community events
and activities
C, B, G, LU,
EA, M
Mid-term
and Ongoing
$$Chamber ED, QD, RL, CC, TF
43.Partner with Old Town stakeholders to enhance and activate the
open space and gathering places
C, B, G, EA Short-term
and Ongoing
$$Stakeholders,
Chamber
ED, QD, RL, CC, TF
Item 7
Prosper Old Town Area Assessment II-1
II. EXISTING PHYSICAL CONDITIONS
Item 7
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EXISTING PARCEL OWNERSHIP - DRAFT
Legend
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Parcels
Railroad
Roads
TOWN OF
PROSPER
TOWN OF PROSPER
Item 7
Prosper Old Town Area Assessment II-3
Item 7
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Legend
Old Town Boundary
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rr Town Hall / Annex
rr Town Hall / Library Under
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Item 7
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Zone Number
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Legend
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Item 7
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Note: Information being
presented is based on the best
available records and may not
reflect actual locations of
available utilities.
Item 7
Prosper Old Town Area AssessmentII-8
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Item 7
Prosper Old Town Area Assessment III-1
III. EXISTING MARKET CONDITIONS CASE STUDIES
Item 7
Prosper Old Town Area AssessmentIII-2
2
Eliminating Barriers
Downtown Catalyst Project (Village at Rowlett)
Rowlett, Texas
Issues/Barriers:
•In path of regional growth (DART, PGBT)
•Market “sameness” in housing stock
•Limited community vision & political will
Recommendations/Solutions:
•Market-supported priority investment areas with form-based code in 4 subareas (including Downtown)
•“Delivery system” analysis –ability of developers, builders, lenders to advance vision
•Incentive offerings based on private sector development perspective (land contribution, public infrastructure, tax abatement)
•Investment ratio = $6 Private : $1 Public
Item 7
Prosper Old Town Area Assessment III-3
3
Educating “Delivery System”
Urban Villages
Fort Worth, Texas
Issues/Barriers:
•Five commercial corridors
•Varying stages of market evolution
•Political will to assist in revitalization
•Range of catalyzing influences within corridors and “urban villages”
Recommendations/Solutions:
•Extensive education of “delivery system”
•Creation of “urban villages” as catalyst areas
for investment
•“Tool Box” of implementation strategies
•Benchmarks for success –public investment
leverage ($4 billion to-date)
Item 7
Prosper Old Town Area AssessmentIII-4
4
Equalizing Returns
Santa Fe Railyard Redevelopment
Santa Fe, New Mexico
Issues/Barriers:
•Debt burden associated with ownership
•Uneducated (unrealistic) stakeholders
•Space limitations
•Past practices
•Transit impacts
Recommendations/Solutions:
•“Delivery system” and community education program
•Intensify income-producing uses
•Incentives for mixed-use projects
Item 7
Prosper Old Town Area Assessment IV-1
IV. COMPLETE INTERVIEW NOTES
Item 7
Prosper Old Town Area AssessmentIV-2
Stakeholder Interviews for Old Town Prosper
Structure
Five sessions were held to obtain input and insights from key Prosper stakeholders about Old Town and its future. Four of the five were group interviews, held at the
Town Hall Annex on October 27 and 28, 2016. The final session was a telephone interview. The table below shows the participants in each session.
Thursday, October 27th
Session 1:
• Jason Dixon, Council member
• Ken Dugger, Council member
Session 2:
• Chad Robertson, Planning &
Zoning Commission Member
• Bobbi Parry, Library Board
Member
Friday, October 28th
Session 1:
• Ray Smith, Mayor
• Curry Vogelsang, Council member
• Meigs Miller, Council member
• Bobby Atteberry, Planning & Zoning
Commission Member
Session 2:
• Craig Andres, Planning & Zoning
Commission Member
• Jack Dixon, Prosper Historical
Society
• Cap Perry, Prosper Historical
Society
• Jennifer Stice, Library Board
Member
Wednesday, November 2nd
Telephone Interview with David Snyder, Planning & Zoning Commission Member
Key Ideas and Issues
These are the most notable ideas and issues I identified from the interview sessions.
• People need more reasons to come to Old Town. Everyone noted breakfast at the Cotton Gin as a reason but may people said there’s not a lot else. There was
support for activities in Old Town, such as holiday events.
• Old Town must retain its character. This general idea was echoed in all discussions. But what exactly does this mean? And which tools will the Town consider
to achieve this? The workshop should include opportunities to get a sense about what aspects of the existing character are important to the broader group of
participants.
Item 7
Prosper Old Town Area Assessment IV-3
• Old Town should be local. It should focus on retail and restaurants that are local, boutique, non-chain or otherwise unique. This is an important way to differentiate
Old Town from the Gates of Prosper. We need to consider what ‘boutique’ uses might enjoy market support and what uses would require some sort of Town
assistance or subsidy.
• A gathering place is needed in Old Town. This might be a plaza or green space; it could also include some sort of place for meetings, workshops or events. The
workshop should explore what type of space, amenities and location might be feasible.
• Walking and biking are a focus within Old Town. While people are generally interested in having Old Town itself be walkable, most stakeholders do not think it’s
particularly feasible or important to create connections for walking and biking to Old Town from other parts of Prosper. Travel from Old Town to the rest of the
community will almost always be by car.
Input Synopsis
The same set of questions served as the starting point for discussion at all sessions. Additional follow up questions were used to gain additional insight from the
participants. The summary below reflects the questions and discussion of ideas during all interview sessions.
1. Recent experiences in Old Town Prosper that describe the current situation there?
a. Couldn’t find parking
b. Enjoyed eating at the Cotton Gin
c. Not much going on
d. Looks unoccupied (other than the Cotton Gin)
e. Missing a ‘cheerful vibe’
f. Enjoyed parades and holiday events
g. No reason to come except Cotton Gin and events
h. No gathering place
i. Love the brick facades and historic character
j. Starting to lose its ‘small town feel’
k. Experience it as the central ‘source document’ that defines our community
l. Communicates our rural, farming history
m. Nothing happens here on the holidays
n. Christmas and Homecoming parades, big Christmas festival
o. Love the brick facades!
p. Not enough things to do
q. Has a rural feeling and sense of community
r. Main Street ball fields
s. The ‘old Texas’ feel with bumpy sidewalks and old silos
2. The most desirable future for Old Town Prosper 10 or 15 years from now?
a. Create a Town Square here as a gathering place
b. Make a wide green space adjacent to the new Town Hall
c. Make it a destination, with easy access from streets in all directions
d. Use the silos to create something unique
e. People revitalizing the homes in the blocks surrounding Old Town
f. Buildings with offices above restaurants
g. Christmas decorations and events that draw people here
h. Do not want chain restaurants and stores
i. Old Texas / Alamo look
j. More charm
k. Places to walk
l. Continuity of architecture at a human scale
Item 7
Prosper Old Town Area AssessmentIV-4
m. Community arts center or another center where people could come for
lessons (something in addition to sports)
n. Character of ‘urban chic in the country’
o. Shops and restaurants open 5 day a week
p. Having a small core area as the focal point
q. Offices
r. Multiple restaurants so people can come here and then decide where to eat
s. More density to the west (multi family, smaller lot residential, townhouse,
row house)
t. Entrepreneur suites, or executive suite-type services for Prosper residents
with home offices
u. Loft apartments
v. Swim facility, in partnership with the school district
w. Upstairs dining
x. Don’t take away the historic feel
y. Something like the plan done by UNT
z. Follow the architectural/design guidelines in the comprehensive plan
aa. Meeting spaces
ab. Ice cream shops
ac. See concept provided by Prosper Historical Society members
ad. Upscale restaurants (like Randy’s?)
ae. Feel like Norman Rockwell lives here
af. Residential conversions to office or restaurant
ag. Need a place for the historical society
ah. Everything in the whole town should reflect back to this area, which sets
the community’s historical precedent
ai. Should have the feel of being the center of a farming community
aj. No mass transit, no density – these bring crime
ak. Need office workers to provide the afternoon traffic to shops and
restaurants
3. Biggest barriers to that future?
a. Staff has some difficulty balancing the demand for excellence with more
‘common sense’ interpretations in individual cases.
b. There are some frustrations with the need for multiple inspections – could
be coordinated more efficiently.
c. The application forms aren’t clear about what information must be
submitted so this leads to delays and frustration.
d. Inconsistent views of the residents. Longer-term residents value Old Town
and want the open, rural feel. Newcomers find Old Town boring and run-
down, and they expect a more urban level of service.
e. Getting bars and restaurants to locate right next to the Police Station
f. The railroad is a barrier
g. Ownership patterns
h. Lack of execution on past plans
i. Apathy
j. Infrastructure
4. Unique assets or ‘hidden treasures’ of Old Town?
a. The Cotton Gin Café b. Chef’s (or maybe Shep’s?)
5. What will attract families with children to Old Town?
a. Family-friendly activities, like those we have now
b. The Library
c. Activities and events like those at Frontier Park (movie night, car shows,
carnival, hay maze) – move some of these to Old Town
d. A community center but outdoors – like Klyde Warren Park
e. Events like the Homecoming parade
Item 7
Prosper Old Town Area Assessment IV-5
6. What will attract Millennials and/or young professionals to Old Town?
a. They’re not likely to come here – there are many more appealing places in
the Metroplex for people at that stage of life.
b. We won’t get them.
c. Music would help.
d. Night life
e. Something with an Old Town feeling but amenities like those at Legacy
f. Condos or row houses
7. What will attract empty nesters or seniors to Old Town?
a. Boutique shops and restaurants
b. Places to go on ‘date night’
c. Steak house
d. Live music
e. Senior Center
f. Bingo
g. Activities that appeal to their grandchildren
h. Dominoes
i. This is not a good fit – in terms of them living here. But they would certainly
be customers for the restaurants and retail.
8. Features of other downtowns that you’d like to see in Old Town Prosper?
a. Babe’s (like in Roanoke)
b. Venue for outdoor music performances
c. The square in McKinney (except for the traffic)
d. Downtown Celina
e. Businesses like in downtown Farmersville
f. Farmers’ markets
g. Food trucks and/or a food truck park
h. Like the feel of downtowns in Grapevine, Fredericksburg
i. Redevelopment in downtown Waco
j. Wimberly – one yarn shop has grown to a ‘yarn crawl’ in downtown
k. The Quarry development in San Antonio
l. Sugarland’s Marriott and Conference Center
m. Market Street in The Woodlands
n. Frisco’s Senior Center
o. Southlake Town Center
p. Pilot Point – square is now an art gallery
9. Catalyst capital investments (in addition to the Town Hall/Library/Main Street project)?
a. No additional needs. The projects underway now will provide these
catalysts.
b. Make First Street 4 lane divided from DNT to Coleman (land acquisition
needed)
c. Lighting
d. Some sort of community center – a place to meet and talk with friends
e. The planned drainage and sidewalk improvements should help convey the
vision to residents
f. Incorporate Broadway into the design
g. Use of a TIF or other economic development tools
h. Need to address parking (maybe a garage somewhere?)
i. Plaza and open spaces, but also connect to medians
j. Gazebo?
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Prosper Old Town Area AssessmentIV-6
10. Attractions that are different from those at the Gates of Prosper?
a. These should be completely different
b. Non franchise
c. Mom and Pop, local businesses
d. They should help Prosper residents spend their money in town instead of in
surrounding communities
e. Farmers market and green space
f. Events like art shows and Christmas festival
g. Businesses that don’t want or need Preston or DNT frontage
h. Not the usual ‘name brands’
i. We can’t stop those brands from locating in Old Town if they want to. But
we need to make them conform to the look and feel we want for Old Town
if they do come.
11. What will attract global communities to Old Town?
a. Won’t be attracted here – many other places in the region that are more appealing to these communities
12. Role of walking or biking to Old Town from most Prosper neighborhoods?
a. It’s not easy to walk or bike to Old Town because of the barriers presented by Preston Road, the DNT and the railroad.
b. This is not important for us.
c. Maybe parking in Old Town so people could come there with golf carts
d. Should be easy to walk in Old Town
e. People won’t get out of their cars
f. This is nice but not a high priority
g. Absolutely important – need to widen Coleman to include bike paths
13. Other comments?
a. Is the ‘quonset hut’ a former airplane hangar?
b. Should be called ‘Original Town’ rather than ‘Old Town’
c. There’s a manufacturing facility west of the railroad. Could its employees (or more development like this) provide the restaurants’ lunch traffic?
d. We need some sort of on-going citizens committee to carry out this plan
e. We absolutely, positively need to stick to the future land use plan!
f. Definitely need to consider architectural requirements in Old Town
g. We need to treat it differently so we hold on to the roots of our community’s past
h. It should be our ‘brand’ – so people know what to expect when they come to Prosper – and the rest of the town should relate back to this brand
i. We should consider economic development incentives here but not anywhere else in town
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Old Town Prosper Field Visit
January 4, 2017
Team:
The following discussion provides a summary of findings from: research conducted prior and subsequent to our team visit in December, 2016, interviews with local
developers and property owners; and, familiarity with regional market conditions. Each one is presented in the context of observed and identified issues which present
either barriers to, or opportunities for, investment and reinvestment; and, organized into one of six categories – market, physical, financial, regulatory, organizational
and political. They are accompanied by several preliminary recommendations, and followed by a series of questions which arose from our work, and that may result in
additional suggestions.
Note that while the “findings” include several statements related to existing and prevailing conditions, they also include comments made by the interviewees that could
be based on perceptions, rather than facts.
Market
One of the most significant, yet least known challenges to community-led redevelopment initiatives is a lack of accurate market information (quantitative and qualitative).
While most data available through credible primary and secondary sources is accurate, some figures are not, and still others are published without appropriate context.
Misconceptions about a market’s potential can not only result in flawed public policies, but ineffective incentive packages and investment delays. Municipalities
should be proactive in doing the development community’s market due diligence, not leave them to discover opportunities or rely on general information that may
be incomplete or even inaccurate. Information about existing business and property owners, potential consumers and their spending patterns, and public initiatives
intended to catalyze private sector activity, should be shared and used to develop marketing and promotional materials which tell the local “investment story.” Presented
below is a representative list of market-related issues impacting investment decisions in the Old Town area.
1. The perception among some residents, business and property owners in the community about the current plan for Old Town is that it includes an infeasible number
of mixed-use structures at densities that could not be supported by current market conditions.
2. There is an opportunity for the Town in that several of the property owners in Old Town own multiple parcels in Old Town or another location in Prosper, making it
possible to either relocate existing uses that are inconsistent with the expressed vision, transfer development or density rights, and swap land.
3. It was widely expressed, and consistent with the team’s recommendation that future uses need to be destinations and reflect the authentic character of the Old
Town environment, that the grain silos be preserved. A possible adaptive reuse could be similar to the home improvement store, Magnolia Market, built within
former silos in downtown Waco and shown on HGTV’s Fixer Upper show, assuming this would be compatible with current plans for the facility by a local developer.
4. The Old Town environment will support a different mix of commercial operations than those found in the Gates of Prosper or along other major commercial
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corridors, and will inevitably be dominated by those that are destination-oriented, particularly given the area’s physical format including both shallow and narrow
lot depths, and lack of visibility. While this is desired by participants in the process, and obvious to members of the consulting team, there is some concern among
developers in terms of its potential to compete with existing developments.
5. Individuals rehabilitating homes surrounding Old Town originally anticipated their target market to be empty nesters, but found that instead, it was largely comprised
of first-time home buyers and young families desiring proximity to existing schools.
6. The future product mix needs to include uses that stay open after 5 pm, but if it does, it needs a supportive physical environment including appropriate lighting and
accommodations for pedestrians.
7. There is a healthy mix of entrepreneurial property owners, either actively pursuing investment opportunities in Old Town, or patiently waiting to see what comes of
this and subsequent efforts; and, recalcitrant property owners who neither have the interest or experience to develop in this type of environment.
8. The Town’s leaders have shown a willingness to visit projects in other communities to observe, first-hand, examples of successful catalyzing projects and publicly-
led initiatives. This has been appreciated by the local development community, and a practice that needs to be continued, particularly once the long-term vision for
Old Town is defined.
9. Representatives of Blue Star Development suggested the Town look at the redevelopment efforts of Eldorado, Arkansas, where Jerry Jones grew up, that included
a 4,000-seat performance venue in their downtown.
Considerations
1. The Old Town environment will support a different mix of commercial operations than those found in the Gates of Prosper or along other major commercial
corridors, and will inevitably be dominated by those that are destination-oriented, particularly given the area’s physical format including both shallow and narrow
lot depths, and lack of visibility. While this is desired by participants in the process, and obvious to members of the consulting team, there is some concern among
developers in terms of its potential to compete with existing developments.
2. Individuals rehabilitating homes surrounding Old Town originally anticipated their target market to be empty nesters, but found that instead, it was largely comprised
of first-time home buyers and young families desiring proximity to existing schools.
3. The future product mix needs to include uses that stay open after 5 pm, but if it does, it needs a supportive physical environment including appropriate lighting and
accommodations for pedestrians.
4. There is a healthy mix of entrepreneurial property owners, either actively pursuing investment opportunities in Old Town, or patiently waiting to see what comes of
this and subsequent efforts; and, recalcitrant property owners who neither have the interest or experience to develop in this type of environment.
5. The Town’s leaders have shown a willingness to visit projects in other communities to observe, first-hand, examples of successful catalyzing projects and publicly-
led initiatives. This has been appreciated by the local development community, and a practice that needs to be continued, particularly once the long-term vision for
Old Town is defined.
6. Representatives of Blue Star Development suggested the Town look at the redevelopment efforts of Eldorado, Arkansas, where Jerry Jones grew up, that included
a 4,000-seat performance venue in their downtown.
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Prosper Old Town Area Assessment IV-9
Physical
The absence of physical improvements is a major obstacle to development in new and expanding locations within communities, while the condition and capacity of
existing infrastructure can be the chief hurdle for investment activity in downtowns and other infill locations. Essential elements for any
redevelopment initiative include adequate infrastructure and utilities, effective signage, access to open spaces (formal and informal), ample and accessible parking, and
visible enhancements to the public realm. Whereas capital expenditures frequently have the biggest impact on the economic feasibility of a development project, and
although they are generally considered an acceptable use for public sector resources, it can be harder for elected officials to justify expenditures (even incentives) for
the repair or expansion of existing infrastructure rather than construction of new; at least until the comparatively favorable fiscal return associated with investment in
established, versus new development areas is understood. Presented below is a representative list of physical issues impacting investment decisions in the Old Town
area.
1. Utility lines are present, yet inconsistent throughout Old Town, and certain segments lack the capacity to support additional development.
2. Old Town could benefit from a public gathering space, either formal or informal, softscape or hard.
3. The existing roadway system creates a series of dead-ends, rather than through streets, the latter being more desirable for a redeveloped Old Town area.
4. A comprehensive wayfinding (signage) program will be necessary in order to draw potential consumers / visitors to Old Town from other developments and
surrounding roadways given its limited visibility.
5. Not only are sidewalks insufficient to support safe pedestrian movement within Old Town, but beyond Old Town within and between adjacent neighborhoods.
6. Retrofitted homes in established neighborhoods, particularly those located adjacent to Old Town, could benefit from a comprehensive system of sidewalks that
connect neighborhoods to schools. Walkable neighborhoods are considered a valuable asset in any community, and a pursuit among home buyers, significant
enough to attract individuals and families beyond traditional trade areas.
7. While it appears that there a limited number of bicyclists residing in Prosper, there is a sense that their absence is due to a lack of accommodations, rather than
limited desire for the same. The level of demand for this type of improvement is currently unknown.
8. The Old Town area lacks appropriate lighting to support safe pedestrian movement.
9. Plans for the reconstruction of Broadway need to address not only accommodations for pedestrians, but also inadequate utilities and parking for uses.
Considerations
1. Given statements to the effect that the new town hall will be temporary, with mid- to long-term plans for a permanent structure in another location, investigate the
potential to convert the planned surface parking lot into a formal public gathering space.
2. Given shallow lot depths in existing neighborhoods beyond Old Town insufficient to accommodate sidewalks for pedestrians, and the presence of alleyways behind
homes, investigate the potential for introducing a system of trails within existing alley easements for the purpose of establishing non-vehicular connections from
these areas to Old Town, existing schools and other existing and emerging activity centers.
3. Assuming there will be concerns related to safety among property owners regarding the introduction of trails (see PR2. Above) accessible to the public, prepare an
education program including field trips to neighborhoods and developments with similar accommodations.
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Prosper Old Town Area AssessmentIV-10
4. Review existing thoroughfare and capital plans (utility and infrastructure), and prepare a preliminary assessment of deficiencies (condition and capacity) in-light of
potential development programs, particularly relative to existing plans.
5. Evaluate current policy and capital plans and determine the feasibility of delaying each one based on the corresponding impact relative to desired outcomes,
measures of success expressed by Town officials, and identified deficiencies; all in order to ensure critical elements are adequately addressed (i.e., future gathering
spaces, softscapes, lighting, accommodations for pedestrians, through-streets, amenity zones) and limited resources are expended appropriately
Financial
Limited financial resources, public or private, is often considered the single reason that desired investment or reinvestment does not occur within a community. While
the availability of economic resources is an important component of any successful redevelopment initiative, is not the only, or most significant obstacle. Redevelopment
initiatives will always compete with new development for limited resources; however, they are necessary since development costs in established areas, particularly
those with physical constraints, are almost always higher than those in new or fringe locations, while early project revenues are usually lower (despite the fact that select
market sectors not only survive, but thrive in these environments.) Experience has shown that private investment follows public commitment, and that the responsibility
for encouraging investment in its aging and underperforming assets has historically been borne by the public sector; however, advancing a redevelopment initiative will
require the time and resources of a broad range of stakeholders, and that the largest portion will be expended by private entities. Presented below is a representative
list of financial issues impacting investment decisions in the Old Town area.
Considerations
1. Whereas neighborhoods adjacent to Old Town will serve as, at least for the near-term, as Old Town’s primary housing stock, and an important source of customers
for businesses in the area, consider establishing a range of incentives to encourage reinvestment i.e., Des Moines, IA city property tax deferral for 10 years.
2. Establish either a TIRZ1 or MMD2/ MUD3 to fund completion and enhancement of infrastructure in the Old Town area, if possible, redirecting resources from a high
growth area outside of Old Town i.e., Frisco, CO.
3. Investigate various tools and resources the Town can use, independent of or in partnership with the PEDC, such as subordinating primary loans, buying out long-
term leases, etc., all for the purpose of minimizing risk associated with early investment in the Old Town area.
1 Tax Increment Reinvestment Zone (TIRZ) - A Tax Increment Reinvestment Zone is a political subdivision of a municipality or county created to implement tax
increment financing. They may be initiated by the city or county or by petition of owners whose total holdings in the zone consist of a majority of the appraised property
value. For the purposes of existing tax-collecting entities (water districts, counties, etc.) the assessed values of properties within the new TIRZ are frozen. It is assumed
that property values will increase over the lifetime of the TIRZ; the property taxes collected on this increase constitute the “increment”.
2 Municipal Management District (MMD) - A Municipal Management District is an economic development tool that allows commercial property owners to
enhance a defined business area. The MMD has the power to levy an ad valorem property tax to pay for wastewater, drainage, road, or mass transit improvements that
are located inside and outside the MMD.
3 Municipal Utility District (MUD) - A Municipal Utility District is a political subdivision authorized by the Texas Commission of Environmental Quality (TCEQ) to
provide water, sewage, drainage and other services within the MUD boundaries. A majority of property owners in the proposed district petitions the TCEQ to create a
MUD. MUDs have taxing authority and can issue bonds.
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Prosper Old Town Area Assessment IV-11
Regulatory
In the context of this discussion, public policy, land use restrictions and design standards are all addressed in this regulatory category. Among the most effective tools
municipalities can use to foster a sustainable downtown environment are growth management programs that reward efficient development patterns. When growth is
allowed to occur in a land extensive and sometimes inefficient way that effectively subsidizes lower densities, redevelopment efforts tend to operate at a competitive
disadvantage financially. While these types of policies may seem inconceivable or even infeasible for many Texas communities, whereas Prosper is essentially land-
locked and nearing buildout, its focus should be on encouraging a diverse and high-quality mix of real estate product types targeted to the needs and choices of its
existing and desired population base. Further, its efforts and resources should be appropriately allocated between both new development and redevelopment, and
their regulations reflect the unique attributes of these distinctly unique environments. Presented below is a representative list of regulatory issues impacting investment
decisions in the Old Town area.
1. Recent design and development standards were prepared with the goal of consistent design throughout the community, (i.e., brick on facades) which may or may
not be consistent with the ultimate vision for Old Town.
2. Current landscaping requirements are difficult to accomplish, particularly given the shallow and narrow lot depths (i.e.,10’ on side yards).
3. Existing requirements are such that private property owners / developer have to pay to underground of utilities (Encore).
4. Fencing requirements in the code allow for everything from chain link in residential areas to living screens.
5. The current illustration of the vision for Old Town mentions an emphasis on “single family” homes, however, Old Town (eventually) may want to be a host
environment for alternative housing forms, particularly those that support the prevailing / emerging demographic and psychographic profile of the community.
6. Similar to McKinney, Old Town should be allowed to redevelop organically, rather than prescriptively, with fewer restrictions on uses and more on those uses with
potential adverse impacts – noise, smell, etc. To-date, the Town has relied on, and benefited from, self-regulating property owners.
7. A potential restaurant tenant was lost to an existing building due to parking requirements.
8. Future plans for Old Town need to plan for deliveries, width of streets, balancing public and service access points.
9. The community needs more consistent building and architecture standards for the larger community (i.e., different architecture at corner of Prosper Trail and Coit).
Considerations
1. Rather than encouraging building standards in Old Town similar to those in other areas of the community, consider letting “Old Town be Old Town”) i.e., McKinney.
Once a more comprehensive vision for Old Town is established, complete a detailed review of regulations to ensure consistency. One possible revision may be
rather than restricting metal or other industrial looking buildings in the area, encourage specific materials; and, in the interim, identify alternative strategies such as
murals by local and regional artists.
2. Review landscaping and signage requirements, and modify them with a goal toward actions that further the goals of the vision, i.e., rather than side yard
requirements, ask for contributions to public spaces. Ensure signage requirements will support a pedestrian environment (profile, materials, awnings, sandwich
boards) especially given plans for the widening of sidewalks.
3. In the context of the regulatory review, ensure there are specific components that address the unique attributes of redevelopment rather than redevelopment
projects, and when funding allows, employ a new, or train an existing staff redevelopment specialist.
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Prosper Old Town Area AssessmentIV-12
Organizational
Downtowns or ”old towns” in municipalities of any size require an advocacy entity with a sole purpose – growing and maintaining a healthy community core. While it
can be difficult to finance this type of position or organization, particularly in the early years of a redevelopment program, mid- to long-term it will be important so that
any momentum that is created in early phases is not lost when Town staff’s responsibilities in other areas makes it impossible for them to spend the hours necessary to
continue advancing the plan. Presented below is a representative list of organizational issues impacting investment decisions in the Old Town area.
Considerations
1. Develop an organizational phasing plan, using the appropriate entity based on anticipated phases associated with future revitalization actions. Share this information
with stakeholders in Old Town and the community at-large in an effort to ensure a sense of confidence that their interests will be represented by individuals and
entities solely focused on this effort.
2. Identify an advocacy entity to support the effort during the planning phase, and lead during the early phases of construction. Note: It is highly likely that this first
entity will ultimately expand their role and resources in later phases, or be replaced by another entity, depending on desired mid- and long-term outcomes.
Political
As explained above, local government plays a critical early role in advancing area-specific redevelopment projects. Further, they will inevitably have the longest- term
interest in, and responsibility for, a community’s economic sustainability. Therefore, the Town will need to have a visible and ongoing presence, and provide sustained
public support for the revitalization of Old Town Prosper. It will need to provide leadership, and participate in advancing economically-challenged,
yet meritorious and desirable projects, by any means possible. Not only will it have the legal responsibility to address many of the implementation elements of the plan,
but it will be logical conduit to supplemental government resource. The private sector will be looking to the Town and its advocacy partners for
consistency in its commitment to a long-term vision for Old Town, that is further reflected in its policy and funding decisions for the entire community. Presented below
is a representative list of political issues impacting investment decisions in the Old Town area.
Considerations
1. Complete a parking inventory and audit of current regulations (credits, sharing, alley and street parking) and determine if there are, or will be gaps based on
potential development program alternatives.
2. Develop a clear and comprehensive vision for Old Town that is grounded in market reality, and share it with residents, as well as stakeholders and representatives
of the lending and development communities. Highlight differences between it, past and current plans, and develop key messages that highlight the necessity for a
redevelopment initiative that considers multiple perspectives – fiscal, market, social, other.
3. Based on the ultimate vision and long-term goals, identify examples of communities with similar project components and schedule additional field trips for elected
and appointed officials, as well as stakeholders and key members of the “delivery system.”
4. With the assistance of outside experts, schedule a series of informational meetings with the Town’s leaders regarding a variety of topics reflected in the vision –
need for a diversity of housing product types throughout the community and their true impacts (social, monetary, fiscal, value), as well as why current conditions
(demographic and psychographic) support their development i.e., Rowlett, TX.
5. Work with the Town’s leaders to establish criteria (or benchmarks) that will be used to define and measure the success of the redevelopment effort going forward
(memorialize and update), i.e., Tualatin Commons, OR.
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V. COMPLETE WORKSHOP NOTES
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COMMUNITY WORKSHOP: # 1
A COMMUNITY VISION FOR OLD TOWN
PROSPER WORKSHOP
DECEMBER 8, 2016
1 of 8
Where Am I?
Colored dots used during workshop exercise provide feedback on where attendees’ businesses and
residences are located.
·Within Old-Town District Boundary (Yellow=Where I Live:0 Dots, Blue=Where I Work/Business:5 Dots)
·Within Prosper but Outside Old-Town Boundary (Yellow=Where I Live:36 Dots, Blue=Where I
Work/Business:17 Dots)
·Outside of Prosper Town Limits (Yellow=Where I Live:5 Dots, Blue=Where I Work/Business:5 Dots)
·Total 68 Dots
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Intentionally left blank
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
2 of 8
StationsParticipants were divided into 6 smaller groups to discuss the Old Town District Vision. Comments werenoted on exhibit maps and flip charts. Station discussion topics are noted below.
Team #1
·Depot Farmers Market
·Museum
·Senior Center Green Space
·Retail on Broadway
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
3 of 8
Team #2
·Historical Attention
·Industrial
·Office warehouse service with murals
·Office
·Old Down Town Shopping
·Restaurants
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
4 of 8
Team #3
·Keep new buildings Old Style 1900’s
·Wedding Chapel and Venue
·One way streets
·Windmill in park, Courtyard one way streets
·Small performing arts center with movie screen and stage - day and evening draw
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
5 of 8
Team #4
·Focal Points (Blue)
·Transportation (Green)
o Pedestrian on Broadway between Crockett St. and Main St.
o ? near Fifth St. and railroad
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
6 of 8
Team #5
·Meeting Place
·Night Life
·Safe
·Possible Underground Parking (Parking?)
·Charming street lights
·Food, music, local gathering
·Side walks
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COMMUNITY WORKSHOP: # 1A COMMUNITY VISION FOR OLD TOWNPROSPER WORKSHOPDECEMBER 8, 2016
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Team #6
·How do you get over railroad?
·Broadway view
·Small Town Americana
·Broadway / Preston Intersection is key
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Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community
Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 25, 2017
Agenda Item:
Discussion on the location of the Lower Pressure Plane Ground Storage Tank and Pump Station.
Description of Agenda Item:
In late 2015, the Town Council discussed locating the proposed Lower Pressure Plane Ground
Storage Tank and Pump Station along Richland Boulevard west of Prosper Commons Boulevard.
During recent discussions about acquiring the land needed to facilitate the project, concerns were
conveyed about the screening and aesthetics of the tanks being located at the proposed location.
At the March 14, 2017, Town Council meeting, staff discussed the pros and cons of either locating
the Lower Pressure Plane Ground Storage Tank and Pump Station along Richland Boulevard west
of Prosper Commons Boulevard or at the current Custer Road Pump Station site along Custer
Road north of US 380. Prior to making a final decision, staff was instructed to bring back
renderings showing the proposed screening and aesthetics of the tank if located along Richland
Boulevard west of Prosper Commons Boulevard.
At this Council meeting, staff will be presenting the requested renderings showing the proposed
screening and aesthetics of the tank to get further feedback on the viability of the proposed
location. Included in the packet are various renderings depicting the existing and proposed views
of the improvements from different vantage points. These vantage points include an aerial view of
the site, looking northwest into the site from the corner of Prosper Commons Boulevard/US 380,
looking southwest from the corner of Prosper Commons Boulevard/Richland Boulevard, and
looking southeast from the La Cima development. Each vantage point also provides two visible
options for burying the ground storage tanks nearly 30’ or nearly 15’. At this time, a final decision
on landscaping, tank burial depth, and any other design related issue are not required. The
purpose of this discussion is for staff to get feedback on whether or not to pursue acquisition of the
property.
Attached Documents:
1.Proposed Screening and Aesthetics – 17 pages
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback on the location of the Lower
Pressure Plane Ground Storage Tank and Pump Station.
Prosper is a place where everyone matters.
ENGINEERING
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Item 8
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – April 25, 2017
Agenda Item:
Consider and act upon awarding Bid No. 2017-23-B to GRod Construction, LLC., related to
construction services for the Third Street, Parvin Street and Sixth Street project; and authorizing
the Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On April 4, 2017, at 2:00 PM, five bids were opened for the Town of Prosper Bid No. 2017-23-B
Third Street, Parvin Street and Sixth Street project. The verified bid totals from the bidders ranged
between $874,042.00 and $1,173,026.75, with GRod Construction, LLC., being the low bidder.
The bid was $279,849.00 under the Engineer’s Estimate and approximately $383,240.00 under
current funding.
The work included in this contract will replace the existing asphalt pavement on Third Street,
Parvin Street and Sixth Street with six-inch concrete pavement. The bid also includes
supplementary repair work on selected driveways and drainage culverts. An 8-inch water line will
be installed along the east side of Parvin Street from Church Street to North Fifth Street, including
a new fire hydrant. These additions will provide the Fire Department with more options and
accessibility if an emergency situation occurs.
The contract specifies 150 calendar days for substantial completion with an additional 30 calendar
days for final completion. During construction, traffic along Sixth Street and Third Street will be
eastbound, and Parvin Street will be northbound and be restricted to a one-way circulation pattern,
allowing the contractor to work on one-half of the road at a time. Staff will coordinate closely with
residents, Prosper ISD, Post Office, and public safety personnel, and provide updates of the
construction activity.
Budget Impact:
The FY 2017 Adopted Budget included funding from the General Fund, in the amount of
$1,257,282.00 for this project. The account numbers for these projects are; Third Street – Church
Street to South Lane Street 750-6610-10-00-1707-ST, Parvin Street - Eighth Street to Broadway
Street 750-6610-10-00-1705-ST, and Sixth Street - Coleman Road to Church Street 750-6610-10-
00-1706-ST.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 9
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2017-23-B to GRod Construction,
LLC., related to construction services for the Third Street, Parvin Street and Sixth Street project;
and authorize the Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award Bid No. 2017-23-B to GRod Construction, LLC., related to construction services
for the Third Street, Parvin Street and Sixth Street project; and authorize the Town Manager to
execute a construction agreement for same.
Item 9
+
–
0 150 300ft
Item 9
TOWN OF PROSPER
BID TABULATION SUMMARY
Bid No. 2017-23-B Prosper Road Improvement Project 2017 - Third Street, Parvin Street and Sixth Street
Bid Opening: 4/4/2017 at 2:00 PM
Grand Total
GRod Construction, LLC $ 874,042.00
Quality Excavation, LTD $ 914,772.00
FNH Construction, LLC $ 1,063,731.50
Pavecon Public Works, LP $ 1,154,698.28
Tiseo Paving Co. $ 1,173,026.75
Certified By: January M. Cook, CPPO, CPPB Date: 4/4/2017
Purchasing Agent
Town of Prosper, Texas
**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on
this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency
accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses
submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the
project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according
to the law, all bid/proposal responses received will be available for inspection at that time.
Item 9
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NO. 2017-23-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
Mike Davis, Place 5
Harlan Jefferson, Town Manager
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 1
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 1
LEGAL NOTICE .............................................................................................................. 2
INSTRUCTIONS TO BIDDERS ...................................................................................... 3
BID PROPOSAL FORM .................................................................................................. 4
BID BOND ..................................................................................................................... 12
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 14
CONSTRUCTION AGREEMENT .................................................................................. 15
PERFORMANCE BOND ............................................................................................... 29
PAYMENT BOND.......................................................................................................... 32
MAINTENANCE BOND ................................................................................................. 35
GENERAL CONDITIONS .............................................................................................. 38
SPECIAL CONDITIONS ................................................................................................ 55
TECHNICAL SPECIFICATIONS ................................................................................... 56
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 2
LEGAL NOTICE
The Town of Prosper is accepting sealed bids for BID NO. 2017-23-B PROSPER ROAD
IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET.
Bids will be accepted until 2:00 P.M. on April 4, 2017 at the Town Hall Annex, 151 S. Main St.,
Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned
unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St.,
Prosper, Texas 75078 immediately following this time.
The Project consists of furnishing all labor, equipment and materials (except as otherwise
specified), and performing all work necessary for the construction of approximately 8,792 square
yards of 21 foot and 20 foot reinforced concrete roads, installation of storm sewers and headwalls,
installation of 8” water line and accessories, 9,925 square yards of cement stabilization and
associated bulk cement.
Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%)
of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in
the same amount from a reliable surety company as a guarantee that, if awarded the contract,
the Bidder will execute a Construction Agreement with the Town, including all required bonds and
other documents.
The successful bidder shall furnish performance and payment bonds 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 10% of the contract sum covering defects of material and workmanship for two
calendar years following the Town's approval and acceptance of the construction. An approved
surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas
law.
Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper,
151 South Main Street, Prosper, Texas 75078, 972-569-1018 without charge. These
documents may be acquired from that office for the non-refundable purchase price of $30.00
dollars per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract
Documents may also be downloaded free of charge from Current Bidding Opportunities, at the
following link: http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this bid should be emailed directly to
January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, March
24, 2017 at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications.
After that day and time, no further questions or requests for clarifications will be accepted or
answered by the Engineer or Town.
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 3
INSTRUCTIONS TO BIDDERS
1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Tuesday, April 4, 2017.
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. 2017-23-B PROSPER ROAD
IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET.
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 or obtained for the non-refundable purchase price of $30.00 dollars
per set at the following location:
Town of Prosper
151 South Main Street
Prosper, Texas 75078
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
6. Questions and Requests for Clarification: Questions and requests for clarifications in regards
to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at
january_cook@prospertx.gov. Friday, March 24, 2017 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 9
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PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 14
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW
Texas Government Code §2252.002 provides that, in order to be awarded a contract as
low bidder, a non-resident bidder (out-of-state contractor whose corporate office or
principal place of business is outside the State of Texas) bid projects in Texas at an
amount lower than the lowest Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business
is located. The appropriate blanks in the following statement must be filled out by all
out-of-state or non-resident bidders in order for those bids to meet specifications. (This
information may be obtained from the Texas Register.) The failure of out-of-state or
non-resident contractors to do so will automatically disqualify that bidder.
Non-resident contractor in ___________________ (give state), our principal place of
business, is required to be _________ percent lower than resident bidders by State Law.
The exact language of the statute is set out below.
Non-resident contractor in ___________________ (give state), our principal place of
business, is not required to underbid resident bidders.
BIDDER
By
Company (Please Print)
Address Signature
City State Zip Title (Please Print)
“Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO
NONRESIDENT BIDDER. A governmental entity may not award a
governmental contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible
resident bidder by an amount that is not less than the amount by
which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located.”
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 15
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between GRod
Construction, LLC, a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment, agreements
and conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
BID NO. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN
STREET AND SIXTH STREET BID
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms
as stated in the terms of this Contract, including all Contract Documents incorporated
herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and services
necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by Town of Prosper or
its consultant hereinafter called Engineer, who has been identified by the endorsement
of the Contractor's written proposal, the General Conditions of this Contract, the Special
Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute
the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 16
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 Eight Hundred Seventy-Four
Thousand Forty-Two dollars and no cents ($874,042.00). This amount is subject to
adjustment by change order in accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice
to Proceed or written Work Order from the Owner. All Work required under the Contract
Documents shall be substantially completed within 150 calendar days after the date of the Notice
to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar
days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 17
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.
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
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 18
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. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN
STREET AND SIXTH STREET BID
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
P.O. Box 307
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence, $1,000,000
Products/Completed Operations Aggregate and $2,000,000 general
aggregate. If high risk or dangerous activities are included in the Work,
explosion, collapse and underground (XCU) coverage is also required.
Coverage must be written on an occurrence form. The General Aggregate
shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
Item 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 19
(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.
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.
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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.
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
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persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(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
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covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for performance and payment bonds applicable to
the work in the amount of the total bid price. The Contractor shall also procure and pay for a
maintenance bond applicable to the work in the amount of ten percent (10%) 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.
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No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar
days unless the Owner determines that more frequent payments are appropriate. Further,
progress payments are to be based on estimates and these estimates are subject to correction
through the adjustment of subsequent progress payments and the final payment to Contractor. If
the Owner determines after final payment that it has overpaid the Contractor, then Contractor
agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30)
calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
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.
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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.
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;
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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 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.
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If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to ensure
that Work performed during the warranty period is performed with required insurance and the
performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing
any portion of the Work required under the Contract Documents comply with all applicable federal,
state, county, and municipal laws, regulations, and rules that relate in any way to the performance
and completion of the Work. This provision applies whether or not a legal requirement is
described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor,
or other professional to provide professional services, if any, that are required by the Contract
Documents, Contractor shall not do so on the basis of competitive bids but shall make such
selection on the basis of demonstrated competence and qualifications to perform the services in
the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to
the Town the Contractor's agreement to comply with this provision with Contractor's bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
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
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2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its obligations
under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion
of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be
construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable
law, then the Construction Agreement "effective date" shall be the date on which the Town
Manager and Town Secretary or their designees have signed the Construction Agreement. If the
Town Manager and Town Secretary sign on different dates, then the later date shall be the
effective date.
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: TOWN MANAGER
Date: Date:
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Address:
Phone:
Fax:
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Town Secretary
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PERFORMANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address
is __________________________________________________________________________,
hereinafter called Principal, and
__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto
the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of
__________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal
sum as an additional sum of money representing additional court expenses, attorneys’ fees, and
liquidated damages arising out of or connected with the below identified Contract in lawful money
of the United States, to be paid in Collin County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases the
Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces
the Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
25th day of April, A.D. 2017, 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. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one (1)
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year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain
in full force and effect.
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.]
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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.
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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
($_______________) 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 25th day of April,
A.D. 2017, a copy of which is attached hereto and m ade a part hereof, to furnish all
materials, equipment, labor, supervision, and other accessories necessary for the
construction of:
BID NO. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in the above-referenced Contract
and any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modification to the Surety is hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying
the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of
Item 9
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BID NUMBER 2017-23-B.
PAGE 33
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
[Signatures continued on following page.]
Item 9
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BID NUMBER 2017-23-B.
PAGE 34
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice
and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page
2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation,
give a person’s name.
Item 9
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PAGE 35
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 ($_______________) (ten percent (10%)
of the total bid price), in lawful money of the United States to be paid to Owner, its successors
and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our
successors, heirs, executors, administrators and successors and assigns, jointly and severally;
and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the 25th day of April, 2017, to furnish all permits, licenses, bonds, insurance,
products, materials, equipment, labor, supervision, and other accessories necessary for the
construction of:
BID NO. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully and
to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee shall
determine to be necessary for the preservation of the public health, safety or welfare. If Principal
does not repair or reconstruct the improvements within the time period designated, Owner shall
be entitled to have said repairs made and charge Principal and/or Surety the cost of same under
the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final acceptance
and do and perform all necessary work and repair any defective condition (it being understood
that the purpose of this section is to cover all defective conditions arising by reason of defective
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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 9
PROSPER ROAD IMPROVEMENT PROJECT 2017 THIRD STREET, PARVIN STREET AND SIXTH STREET
BID NUMBER 2017-23-B.
PAGE 37
ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
Item 9
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PAGE 38
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.
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Notice delivered by mail shall be effective on the postmark date, notice delivered
by hand shall be effective the date of delivery, and notice delivered by facsimile or
e-mail shall be effective the date of transmission, provided that any notice served
after 5 PM or on a weekend or holiday shall be effective the following business
day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe
a complete work or improvement, which the CONTRACTOR undertakes to do in
full compliance with the plans, specifications, special provisions, proposal and
contract. The CONTRACTOR shall do all work as provided in the plans,
specifications, special provisions, proposal and contract, and shall do such
additional extra work as may be considered necessary to complete the work in
satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor,
tools, materials, machinery, equipment and incidentals necessary to the
satisfactory prosecution and completion of the work.
(b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order,
measurement, or certificate by OWNER or ENGINEER, any order by the OWNER
for payment of money, any payment for or acceptance of any work, or any
extension of time, or any possession taken by the OWNER, shall not operate as a
waiver of any provisions of the Contract Documents or any power therein reserved
to the OWNER of any rights or damages therein provided. Any waiver of any
breach of contract shall not be held to be a waiver of any other subsequent breach.
The OWNER deserves the right to correct any error that may be discovered in any
estimate that may have been paid and to adjust the same to meet the requirements
of the contract and specifications. The OWNER reserves the right to claim and
recover by process of law sums as may be sufficient to correct any error or make
good any deficiency in the work resulting from such error, dishonesty or collusion,
upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his
agents and the ENGINEER or his assistants, discovered in the work after the final
payment has been made.
(c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or
ENGINEER may make such changes and alterations as the OWNER may see fit,
in the line, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompany
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages for anticipated profits on the
work that may be dispensed with. If the amount of work is increased, such
additional work shall be paid for as provided under Extra Work. In case the
OWNER shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the OWNER
shall recompense the CONTRACTOR for any material or labor so used, and for
any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
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(d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract
that all work must be done and all material must be furnished in accordance with
the generally accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation defined by the
Construction Agreement shall govern. In the event that there is still any doubt as
to the meaning and intent of any portion of the contract, specifications or drawings,
the ENGINEER shall define which is intended to apply to the work.
(e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an
adequate and reasonable number of copies of all plans and specifications without
expense to him, and the CONTRACTOR shall keep one copy of the same
constantly accessible on the work, with the latest revisions noted thereon.
(f) Ownership of Drawings: All drawings, specifications and copies thereof furnished
by the OWNER shall not be reused on other work, and, with the exception of the
signed contract sets, are to be returned to him on request, at the completion of the
work. All models are the property of the OWNER.
(g) Adequacy of Design: It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that, as to the
CONTRACTOR only, the OWNER shall be responsible for the adequacy of the
design, sufficiency of the Contract Documents, and the practicability of the
operations of the completed project; provided the CONTRACTOR has complied
with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER.
The burden of proof of such compliance shall be upon the CONTRACTOR to show
that he has complied with the said requirements of the Contract Documents,
approved modifications thereof and all approved additions and alterations thereto.
(h) Line and Grade: The ENGINEER will furnish control benchmarks for the
construction of the Work. The CONTRACTOR shall use the control benchmarks
and data shown on the drawings. No construction staking will be provided by the
ENGINEER or owner for this project. Any restaking, and all construction staking,
required shall be at the sole cost of the CONTRACTOR.
(i) Right of Way and Easements: The OWNER will obtain all necessary right of ways
and easements required for the completion of the Work. No work shall be
undertaken on nor shall men, tools, equipment, or other supplies occupy any
ground outside right of ways and easements. If Contractor wants to work outside
right of ways and easements and is able to make an agreement with the Property
Owner, then the agreement should be documented and signed by the Property
Owner and CONTRACTOR with a copy submitted to the OWNER before work off
the easement commences.
The OWNER will obtain permits and/or license agreements necessary for work to
be performed on right of ways or easements owned by other agencies including,
but not limited to, the Texas Departments of Transportation, North Texas Tollway
Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply
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with the conditions of these permits and/or license agreements as if they were a
part of the Contract Documents.
(j) Existing Utilities and Structures: The location of existing utilities shown on the plans
are based on the interpretation of the best available information and are not
warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own
expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location on
which the works herein contracted for are to be constructed or installed, by such
agent or agents as he may elect, for the purpose of inspecting the work, or for the
purpose of constructing or installing such collateral work as said OWNER may
desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically
excluded from this contract, in such manner as not to delay the progress of the
work or damage said CONTRACTOR, except where such delays are specifically
mentioned elsewhere in the Contract Documents.
(m) Objections and Determinations: The ENGINEER shall determine all claims
disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the work or the interpretation of
the Contract Documents. The ENGINEER'S decision shall be rendered in writing
within a reasonable time and shall be binding.
(n) Owner-Engineer Relationship: The duties, responsibilities and limitations of
authority of the ENGINEER during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the
OWNER and ENGINEER. The ENGINEER will advise and consult with the
OWNER, and OWNER'S instructions to the CONTRACTOR may be issued
through the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a) Contractor Independence: The CONTRACTOR is and at all times shall remain an
independent contractor, solely responsible for the manner and method of
completing his work under this contract, with full power and authority to select the
means, method and manner of performing such work, so long as such methods do
not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract
and that he will not assign by Power of Attorney, or otherwise, or sublet said
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contract without the written consent of the OWNER or ENGINEER, and that no
part or feature of the work will be sublet to anyone objectionable to the ENGINEER
or the OWNER. The CONTRACTOR further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
contract, shall not relieve the CONTRACTOR from his full obligations to the
OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER, either before or after the execution of this contact,
shall affect or modify any of the terms or obligations herein contained.
(d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety
of himself, his employees and other persons, as well as for the protection of the
safety of the improvements being erected and the property of himself or any other
person, as a result of his operations hereunder. CONTRACTOR shall be fully and
completely liable, at his own expense, for design, construction, installation and
use, or non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or property,
including, without limitation, the adequacy of all temporary supports, shoring,
bracing, scaffolding, machinery or equipment, safety precautions or devices, and
similar items or devices used by him during construction
(e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to
the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent and any necessary assistants.
The superintendent shall represent the CONTRACTOR in his absence and all
directions given to him shall be as binding as if given to the CONTRACTOR.
(f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this
contract, to do the work; and agrees that whenever the OWNER or ENGINEER
shall inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from
the work and shall not again be employed on the work without the OWNER’S or
ENGINEER'S written consent.
(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
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(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by
the CONTRACTOR in such manner and at such points as shall be approved by
the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or whether
OWNER has taken possession of completed portions of such work, until the entire
work is completed and accepted.
(k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the
CONTRACTOR arising out of the nature of the work to be done, or from the action
of the elements, or from any unforeseen circumstance in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either submit
to the OWNER a duly executed full release within thirty (30) calendar days from
the date of written claim, or immediately report the claim to his liability insurance
carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply
with this provision within the stipulated time limit, it will be automatically deemed
that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In
Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s
liability insurance carrier. This provision is in and of itself a Power of Attorney from
the CONTRACTOR to the OWNER, which authorizes the OWNER to take said
action on behalf of the CONTRACTOR without the necessity of the execution of
any other document. If the CONTRACTOR fails to comply with the provisions of
this item, the OWNER, at its own discretion, may terminate this contract or take
any other actions it deems appropriate. Any payment or portion thereof due the
CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy,
insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not
exonerate the CONTRACTOR from liability.
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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.
(e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any
imminent threat to persons or property arising from or in relation to performance of
the Work. Failure to promptly correct any threat to persons or property may result
in a temporary suspension of work until such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the CONTRACTOR shall be allowed to
prosecute his work in such manner as shall be most conducive to economy of
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construction; provided however, that the order and the time of prosecution shall be
such that the work shall be Substantially Completed as a whole and in part in
accordance with this contract, the plans and specifications, and within the time of
completion designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER
may direct the time and manner of constructing the work done under this contract,
so that conflict will be avoided and the construction of the various works being
done for the OWNER shall be harmonized.
The CONTRACTOR shall submit prior to beginning work, with each pay estimate,
and at other such times as may reasonably be requested by the OWNER or
ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the several
parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and will
require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the
work by any act or neglect of the OWNER or ENGINEER, or of any employee of
either, or by other contractors employed by the OWNER, or by changes ordered
in the work, or by strikes, lockouts, fires, and unusual delays by common carriers,
or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the
OWNER and ENGINEER decides such cause justifies the delay, then an extension
of time sufficient to compensate for the delay as determined by the OWNER or
ENGINEER shall be allowed for completing the work; provided, however, that the
CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of
the cause of such delay.
(d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of the
work embraced in this contract. In case said work shall be stopped by the act of
the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
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GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The OWNER’S
or ENGINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the OWNER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S
responsibility to fully and completely review all shop drawings to ascertain their
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.
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All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road, alley,
sidewalk, trail, or other public space with the OWNER or ENGINEER. When such
a closing is anticipated to have a duration longer than one (1) hour, the
CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to
the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR at his cost and expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or prevent
free access to all public and private utilities and related appurtenances.
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
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when it is definite that the material being furnished is in accordance with the
manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be acceptable
as long as the material is secured from the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of
the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring
of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type and
to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
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
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such prior use increases the cost of or delays the work, the CONTRACTOR shall
be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects are
noted, the CONTRACTOR shall promptly remedy such defects and repeat this
process. If the Work is found to be acceptable, the OWNER or ENGINEER will
provide written notice of Completion of the Work to the CONTRACTOR.
(g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or
ENGINEER such documentation as is necessary to insure that the work has been
completed, subcontractors and suppliers have been paid, any claims received
have been settled, and other documentation as required by the OWNER or
ENGINEER. If the documentation is found to be acceptable, the OWNER or
ENGINEER will issue a written notice of Acceptance of the Work to the
CONTRACTOR.
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.
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(c) Progress Payments: As close as practical to the end of each month in which work
has been performed, the CONTRACTOR shall prepare and submit to the OWNER
an application for payment showing as completely as practicable the total value of
the work done by the CONTRACTOR up to and including the last day immediately
preceding the date of such application and the value of all sound materials
delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review
CONTRACTOR'S application for payment, shall either approve or modify the total
value of the work done by CONTRACTOR and the value of materials delivered on
the site, and shall submit to OWNER such application for payment as approved or
modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S
recommendation affixed thereto within ten (10) business days following the receipt
of the application from CONTRACTOR.
The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt
of the application from CONTRACTOR, less any amount held for retainage or
outstanding claims or defective work.
(d) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence that
a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other
records requested by the OWNER;
(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
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CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security Old Age Benefits and other payroll taxes, and, a rateable
proportion of premiums on Performance and Payment Bonds and Maintenance
Bonds, Public Liability and Property Damage and Workmen's Compensation, and
all other insurance as may be required by any law or ordinance, or directed by the
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
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cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced
within the "actual field cost" as herein defined; save that where the
CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
OWNER or ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the OWNER or ENGINEER for written order authorizing such Extra
Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists
upon its performance, the CONTRACTOR shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method (C). The CONTRACTOR will
thereby preserve the right to submit the matter of payment to a court of general
jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all
claims for payment for Extra Work.
GC.12 CONTRACT TERMINATION
(a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) days after written notification from
the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders
of the OWNER or ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the
job, but the same, together with any materials and equipment under contract for
the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used
in connection with Extra Work, where credit shall be allowed as provided for under
Section 6, Extra Work and Claims), it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and
be reflected in the final settlement.
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,
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materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of
this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OWNER; or
The OWNER under sealed bids, after five (5) days’ notice published one or more
times in a newspaper having general circulation in the county of the location of the
work, may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this contract. In the case of any
increase in cost to the OWNER under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the
CONTRACTOR and the Surety shall be and remain bound therefore. However,
should the cost to complete any such new contract prove to be less than what
would have been the cost to complete under this contract, the CONTRACTOR
and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and
his Surety shall be so notified and Certificates of Completion and Acceptance shall
be issued. A complete itemized statement of the contract accounts, certified to by
the OWNER or ENGINEER as being correct, shall then be prepared and delivered
to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his
Surety, or the OWNER as the case may be, shall pay the balance due as reflected
by said statement, within fifteen (15) days after the date of such Certificate of
Completion.
After final completion of the work and in the event the statement of accounts shows
that the cost to complete the work is less than that which would have been the cost
to the OWNER had the work been completed by the CONTRACTOR under the
terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the
balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed
the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount
due the OWNER within the time designated hereinabove, and there remains any
machinery, equipment, tools, materials or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials, shall be
mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in
any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety subject
only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the CONTRACTOR and his Surety. Such sale may
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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.
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SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or
requirements particular to this Contract:
BID NO. 2017-23-B
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
The Special Conditions supplement the General Conditions and the Standard
Specifications and take precedence over any conditions or requirements of the
General Conditions and the Standard Specifications with which they are in conflict.
SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
ENGINEER: The Engineer of Record as shown on the Construction Drawings:
Frank E. Jaromin P.E, Town of Prosper, Texas, or his designee.
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TECHNICAL SPECIFICATIONS
PROSPER ROAD IMPROVEMENT PROJECT 2017
THIRD STREET, PARVIN STREET AND SIXTH STREET
Technical Specifications:
Section 1. Water System Construction
Section 2. SW3P – Storm Water
Section 3. A - Typical Sections
Section 4. B – Water Plans
Section 5. C – Storm Water Plans
Section 6. D – Standard Details
Section 7. Special Instructions
Section 8. Driveway & Culvert Schedule
Item 9
SECTION W
WATER SYSTEM CONSTRUCTION
Revised August 2012
Item 9
W-i
SECTION W – WATER SYSTEM CONSTRUCTION
Section Page
W.1 SCOPE ................................................................................... W-1
W.2 PROTECTION OF WORK .......................................................... W-1
W.3 MATERIALS ............................................................................ W-1
W.3.1 Testing of Materials ................................................................ W-1
W.3.2 Storage of Materials ................................................................ W-1
W.4 TRENCHING AND BACKFILL ................................................... . W-2
W.4.1 Classification .......................................................................... W-2
W.4.2 Construction Methods ............................................................. W-2
W.4.3 Sheeting, Shoring and Bracing ................................................. W-3
W.4.4 Pumping, Bailing and Draining ................................................. W-4
W.4.5 Support of Existing Pipes Across Trench ................................... W-4
W.4.6 Disposal of Excavated Materials ............................................... W-4
W.4.7 Protection of Trees, Plants, Shrubbery, Etc. .............................. W-4
W.4.8 Use of Explosives .................................................................... W-4
W.4.9 Jacking, Boring or Tunneling ................................................... W-5
W.4.9.1 Materials ................................................................................ W-5
W.4.9.2 Construction Requirements ..................................................... W-5
W.4.9.3 Construction by Jacking .......................................................... W-6
W.4.9.4 Construction by Boring ............................................................ W-7
W.4.9.5 Construction by Tunneling ....................................................... W-7
W.4.9.6 Joints ..................................................................................... W-8
W.4.10 Protection of Buildings ............................................................ W-9
W.4.11 Crossings To Be Kept Open ..................................................... W-9
W.4.12 Protection of Unfinished Work ................................................. W-9
W.4.13 Lights and Guards .................................................................. W-9
W.4.14 Backfill ................................................................................... W-9
W.4.14 .1 Backfill Material ...................................................................... W-9
W.4.14.2 Concrete Encasement (Class F4 Embedment) ........................... W-10
W.4.14.3 Cement Stabilized Backfill ....................................................... W-10
W.4.14.4 Embedment ........................................................................... W-10
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W.4.15 Initial Backfill ......................................................................... W-12
W.4.16 Final Backfill ............................................................. … W-12
W.5 POLYVINYL CHLORIDE (PVC) PIPE INSTALLATION ................... W-13
W.5.1 Polyvinyl Chloride (PVC) Pipe and Fittings ................................ W-13
W.6 DUCTILE IRON PIPE INSTALLATION ........................................ W-13
W.6.1 Ductile Iron Pipe ..................................................................... W-13
W.6.2 Fittings For Ductile Iron Pipe ................................................... W-13
W.7 CONCRETE CYLINDER PIPE INSTALLATION ............................. W-14
W.7.1 Pipe Handling ......................................................................... W-14
W.7.2 Pipe Jointing .......................................................................... W-15
W.8 REINFORCED CONCRETE WATER PIPE STEEL CYLINDER TYPE
PRE-TENSIONED REINFORCEMENT ................................. W-15
W.8.1 Steel Cylinders ....................................................................... W-16
W.8.2 Curing .................................................................................... W-16
W.8.3 Shop Drawings ....................................................................... W-16
W.9 IRON PIPE INSTALLATION ...................................................... W-16
W.9.1 Jointing Push-on Pipe ............................................................. W-16
W.9.2 Jointing Mechanical Joint Pipe ................................................. W-17
W.9.3 Making Flanged Joints ............................................................. W-17
W.10 CONCRETE BACKING .............................................................. W-18
W.11 POLYETHYLENE ENCASEMENT ................................................ W-18
W.12 COVER OVER PIPE AND CLEARANCE FROM OTHER PIPES ........ W-18
W.12.1 Clearance From Other Pipes, Sanitary Precautions And Disinfection,
Interconnections, Backflow and Siphonage ........................ W-19
W.13 CONNECTION TO EXISTING WATER MAINS ............................. W-22
W.13.1 Pipe Handling ......................................................................... W-22
W.14 VALVES .................................................................................. W-23
W.14.1 Gate Valves ............................................................................ W-23
W.14.2 Butterfly Valves ...................................................................... W-24
W.14.3 Distribution System and Fire Lead Valves ................................. W-25
W.14.4 Air Release Valves, Air/Vacuum Valves ..................................... W-25
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W.14.5 Installation of Gate Valves ....................................................... W-26
W.15 FIRE HYDRANTS ..................................................................... W-26
W.15.1 Fire Hydrant Installation .......................................................... W-28
W.16 SERVICE CONNECTIONS ......................................................... W-28
W.16.1 Service Materials .................................................................... W-29
W.17 CLEAN-UP .............................................................................. W-30
W.18 STERILIZATION OF WATER MAINS .......................................... W-30
W.19 INSPECTION AND TESTS ........................................................ W-31
W.19.1 Inspection - General ............................................................... W-31
W.19.2 Visual Inspection .................................................................... W-32
W.19.3 Hydrostatic Test ..................................................................... W-33
W.19.4 Compaction Test .................................................................... W-34
W.20 MEASUREMENT AND PAYMENT ............................................... W-34
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SECTION W - WATER SYSTEM CONSTRUCTION
W.1 SCOPE:
These specifications for construction of water mains are intended to provide a minimum quality
workmanship acceptable to the Town of Prosper and lack of any specifications not listed in this
document in no way relieve the Contractor of full responsibility for providing a complete project
of quality, finish appearance and satisfactory for operation.
The Contractor shall furnish and install all materials, labor, and equipment for constructing the
work included in these specifications and as detailed on the plans.
Construction of all water systems shall comply with Texas Commission on Environmental Quality
(TCEQ) Chapter 290 (Rules and Regulations for Public Water Systems) and American Water
Works Association (AWWA), latest revision.
W.2 PROTECTION OF WORK:
When construction is stopped temporarily and at the end of the day's work, tight fitting stoppers
or bulkheads shall be securely placed in or across the ends of all pipes.
The Contractor will be held responsible for the care of all work until final completion and
acceptance, and he will be required to make good, at his own expense, any damage or injury it
may sustain for any cause. He shall assume all risks from floods and casualties of every
description and make no charge for damages from such cause.
W.3 MATERIALS:
The Contractor shall furnish and place materials meeting the requirements of these specifications,
of the dimensions and types at the locations and elevations shown on the plans or established by
the Engineer. All materials shall be approved by the Engineer before being installed and any of
these materials placed before they are so approved shall be removed and replaced with approved
materials.
W.3.1 Testing of Materials:
It shall be the sole responsibility of the Contractor to prove to the Engineer's satisfaction that
materials furnished for the construction of water lines comply with these specifications.
Water pipe shall be tested at the factory to see that the pertinent specifications are satisfied.
The manufacturer shall furnish a certificate and test reports for each carload, showing the
conformity of his material with the specifications herein, and that each and every piece of pipe
and fitting have been inspected for visible physical defects and defective pieces rejected.
W.3.2 Storage of Materials:
Materials delivered to the site of the work prior to their use shall be stored so as to cause the
least inconvenience to the public, and in a manner satisfactory to the Engineer.
Materials that will deteriorate such as cement and mortar shall be stored in weather-tight
buildings. Rubber gaskets shall be protected from direct sunlight, oils or contamination.
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W.4 TRENCHING AND BACKFILL:
This item consists of excavating all necessary trenches for the water main and system
construction and backfilling after the pipe has been properly laid, inspected, and tested. This
work shall include the furnishing of all labor, materials, tools, equipment, and machinery
necessary for clearing and removing from the site of the work, wherever located, all obstructions,
trees, stumps, brush, vegetation, and debris, and all earth, rock, and other materials to be
excavated; the removal of existing structures except where specifically paid for as separate
contract pay items; the stripping or removal of top soil or sod to be piled separately from other
excavated materials and later to be restored to its original place after backfilling is completed; the
furnishing, placing, and maintaining of all sheeting, shoring and bracing necessary to protect the
work and adjacent properties, all pumping, bailing, and draining necessary to keep the excavation
free from seepage water, water from sewers, drains, ditches, creeks, and other sources;
provision for the uninterrupted flow of sewers and surface waters during progress of the
construction; the removal, after completion of the work, of all sheeting, shoring, and bracing not
necessary to support the sides of the excavation; the satisfactory disposal of excess and
unsuitable materials not required or which cannot be used for backfilling, tamping, compacting,
and refilling after settlement of all excavated areas; the restoring of all streets, alleys, fences,
right-of-way, and other lands or structures, private or public, damaged or occupied by the
Contractor in the performance of the contract, to as good a condition as they were prior to the
beginning of the work.
W.4.1 Classification:
Excavation in trenches for water line construction will be unclassified and will not be paid for
separately but shall be included in the price bid per linear foot for the various sizes of pipe unless
specific provision for separate payment is called for in the Special Provisions and on the Proposal
Form.
Where no separate classification is provided, the price bid shall be on the basis of unclassified
trenching, and the Contractor shall satisfy himself as to the material and conditions to be
encountered.
"Unclassified" excavation will include all materials and conditions other than the above
encountered in the excavation.
W.4.2 Construction Methods:
Trenches shall be excavated by trenching machine, backhoe or dragline, except in locations
where hand trenching is required. The banks of trenches shall be vertical, to a point one foot (1')
above the top of the pipe.
Trenches will be excavated to the lines and grades laid out by the Engineer or as shown on the
plans. No change in locations of the lines is contemplated, but should any changes be made in
the lines not materially altering the amount of character of the trenching to be done, the
Contractor shall proceed with the changed alignment at the unit bid price. In case any change
involves greater construction difficulties than the original alignment, the Owner and the Engineer
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W-3 August 2012 Rev
will agree with the Contractor for extra compensation therefore, prior to the construction of the
changed line or lines.
The width of the trench on each side of the pipe bell shall be eight inches (8"). Minimum width
of the trench shall be twenty-four inches (24”).
Trenches for water pipe shall be of such depth as to provide the cover as specified in Section
W.12 of these specifications.
The excavation shall not advance more than three hundred feet (300') ahead of the completed
and backfilled pipeline. Pipe shall be laid in all trenches that have been opened at the end of
each day's work, unless the Contractor secures written permission to do otherwise from the
Engineer.
If the bottom of the trench becomes an unstable foundation for the pipe through the neglect of
the Contractor to adequately shore or dewater, the Contractor will be required to remove the
unstable material and backfill the trench to the proper grade with approved compacted gravel,
and no extra compensation will be granted for this material or work.
Also, if the trench is inadvertently excavated deeper than necessary it shall be backfilled to the
proper grade with approved compacted gravel at the Contractor's expense.
However, if the undisturbed material encountered at the grade depth constitutes in the opinion of
the Engineer, an unstable foundation for the pipe, the Contractor will be required to remove such
unstable material and backfill the trench to the proper grade with approved compacted material.
Compensation will be made to the Contractor in accordance with a mutually agreed upon cost per
cubic yard.
The Contractor shall excavate all trenches, including work necessary in working around existing
pipe lines or other obstructions. The Contractor shall give notice to the Owners of any such lines
or obstructions in order that they may have time to take the necessary precautions for protecting
their property. The Contractor shall be responsible for protecting the Owner from any damage
from his operations in such work.
In rock, excavation shall be carried six inches (6") below the bottom of the pipe and gravel,
thoroughly tamped, shall be used for backfilling to the grade of the bottom of the pipe line as
specified by the specific embedment required.
After inspection of pipelines has been finished on any completed portion of the work the trench
may then be backfilled. Backfilling shall be accomplished in compliance with the applicable
portions of these specifications.
W.4.3 Sheeting, Shoring, and Bracing:
The sides of all excavations shall be sheeted, shored, and braced in accordance with OSHA
Regulations and installed by the Contractor’s “competent person” so as to try to prevent slides,
cave-ins, settlement, or movement of the banks and to maintain the excavation clear of
obstructions that will in any way hinder or delay the progress of the work. In wet, saturated, or
flowing materials, when it is necessary to install tight sheeting or cofferdams, wood or steel sheet
piling of a design and type approved by the Engineer, who designed the trench safety plan, shall
be used.
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All sheet piling, shoring and bracing shall have sufficient strength and rigidity to withstand the
pressure exerted and maintain the sides of the excavation properly in place and protect all
persons or property from injury or damage. When excavations are made adjacent to existing
building or other structures or in paved streets, particular care should be taken to adequately
sheet, shore, and brace the sides of the excavation to prevent undermining of, or settlement
beneath, the structures or pavement. Underpinning of adjacent structures or pavement shall be
done by the Contractor at his own cost and expense in a manner satisfactory to the Engineer and
when required by the Engineer. The pavement shall be removed, the void satisfactorily refilled
and compacted, and the pavement replaced by the Contractor; the entire expense of such
removal and subsequent replacement thereof shall be borne by the Contractor. Sheeting, shoring
and bracing shall not be left in place unless otherwise provided for in the contract or authorized
by the Engineer. The removal of sheeting, shoring, and bracing shall be done in such manner as
not to endanger or damage either new or existing structures, private or public properties, and so
as to avoid cave-ins or sliding of the banks. All holes or voids left by the removal of the sheeting,
shoring, or bracing shall be immediately and completely filled and compacted with suitable
materials. Sheeting, shoring, and bracing ordered left in place by the Engineer will be paid for at
the unit price bid for this item, when such pay item is provided. In the event no separate pay
item is provided, then the cost of sheeting, shoring and bracing is to be included in such items as
are provided.
W.4.4 Pumping, Bailing and Draining:
The Contractor shall immediately remove all surface or seepage water from sewers, drains,
ditches, and other sources which may accumulate during the excavation and construction work
by providing the necessary underdrains or otherwise and by doing the necessary pumping, bailing
or draining. The Contractor shall have available at all times sufficient equipment in proper
working order for doing the work herein required.
All water removed from excavations shall be disposed of in an approved manner so as not to
create unsanitary conditions nor to interfere unduly with the use of streets, private driveways, or
entrances. Pumping, bailing, draining, underdrains, ditches, etc., shall be considered as
incidental work and will not be bid for as separate items but their cost shall be included in the
contract prices bid in the Proposal for the various units of excavation measure.
W.4.5 Support of Existing Pipes Across Trench:
It shall be the responsibility of the Contractor to protect and support all water, sewer, gas, and
other conduits crossed by the excavation or work to be performed by him or to arrange for their
temporary removal and subsequent replacement. All expense incidentals to this phase of the
work shall be borne by the Contractor.
W.4.6 Disposal of Excavated Materials:
Excavated materials, so far as needed and of a suitable character, shall be piled adjacent to the
work to be used for backfilling as required. Excavated materials unsuitable for the backfilling or
in excess of that required for backfilling shall be disposed of in an approved manner at locations
designated on the plans or approved by the Engineer. Desirable top soil, sod, etc., shall be
carefully piled separately and replaced in its original position when required. Excavated materials
shall be handled at all times in such a manner as to cause a minimum of inconvenience to public
travel and to permit safe and convenient access to private and public property adjacent to or
along the line of the work. In parkways and easements where it is necessary to deposit
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W-5 August 2012 Rev
excavated materials on lawns during the work, burlap or canvas shall be placed on the lawn to
prevent contact between excavated materials and the lawn.
W.4.7 Protection of Trees, Plants, Shrubbery, etc.:
Where trees, plants, shrubbery, etc., are adjacent to the line of the work and are not to be
removed or removed and replaced, the Contractor shall protect such trees, plants, shrubbery,
etc., by substantial wooden boxes and guards and shall not permit machinery or employees to
scrape, tear the limbs from or damage or attach guy cables to them, and if, in the opinion of the
Engineer, such trees, plants, shrubbery, etc., would be damaged by machinery, etc., hand
excavation may be required. The Contractor shall be responsible for all damages to adjacent
trees, plants, shrubbery, etc.
W.4.8 Use of Explosives:
The plans and specifications do not require the use of explosives. After approval by the Engineer,
should the Contractor elect to use explosives in the prosecution of the work, utmost care shall be
exercised so as not to endanger life or property and the Contractor shall use only such methods
as are currently utilized by persons, firms, or corporations engaged in a similar construction
business. The Contractor shall be solely responsible for the determination as to whether
explosives shall be used and for any result from the use of explosives and shall indemnify and
hold the Owner whole and harmless against any claim or damage or injury to persons or
property, real or personal, as the result of the use of explosives by the Contractor or any
subcontractor. The Contractor shall furnish the Owner with evidence of insurance sufficient to
cover any such possibility, in which insurance shall either include the Owner as an insured or be
of such character as to protect the Owner.
All explosives shall be stored in a safe and secure manner, under the care of a competent
watchman at all times, and all such storage places shall be marked clearly "DANGEROUS -
EXPLOSIVES". The method of storing and handling explosives and highly inflammable materials
shall conform with Federal and State laws, City ordinances, and Fire Department regulations, and
to the satisfaction of the Engineer.
The Contractor shall notify each utility company having structures in proximity to the site of the
work of his intention to use explosives, and such notice shall be given sufficiently in advance to
enable the companies to take such steps as they deem necessary to protect their property from
injury. Such notice shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
W.4.9 Jacking, Boring or Tunneling:
This specification shall govern for the provision of the required opening for the installation of
conduits by the methods of jacking, boring, or tunneling as shown on the plans and in conformity
with this specification.
W.4.9.1 Materials:
The encasement and carrier pipe shall be of the type and strength as indicated on the plans.
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W-6 August 2012 Rev
W.4.9.2 Construction Requirements:
Where encasement or carrier pipe is required to be installed under railroad embankments or
under highways, streets, or other facilities by jacking, boring or tunneling methods, construction
shall be made in a manner that will not interfere with the operation of the railroad, highway or
other facility, and will not weaken or damage any embankment or structure. During construction
operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and
maintained, as directed by the Engineer until such time as the backfill has been completed and
then shall be removed from the site.
The drilling of pilot holes for the alignment of pipe prior to its installation by jacking, boring or
tunneling will not be a requirement but may be necessary to maintain grade. The drilling of pilot
holes will be considered as incidental work and the cost thereof shall be included in such contract
pay items as are provided in the proposal and contract. The Contractor shall take the proper
precautions to avoid excavating earth or rock or shattering rock beyond the limits of excavation
needed to install the conduit. All damages by excavating and blasting, either to surface or
subsurface structures, shall be repaired or replaced by the Contractor at his own cost and
expense.
The removal of any obstruction that may be found to conflict with the placing of this pipe will not
be measured for payment or paid for as a separate contract pay item. The removal of any such
obstruction will be included in such contract pay items as are provided in the proposal and
contract. The Contractor shall dispose of all surplus materials at his own cost and expense at
sites approved by the Engineer.
W.4.9.3 Construction by Jacking:
If the grade of the pipe at the jacking end is below the ground surface, suitable pits or trenches
shall be excavated for the purpose of conducting the jacking operations and for placing end joints
of the pipe. This excavation shall not be carried to a greater depth than is required for placing of
the guide and jacking timbers and no nearer the roadbed than the minimum distance shown on
the plans.
At the other end of the pipe, an approach trench shall be excavated accurately to grade. All open
trenches and pits shall be braced and shored in such a manner as will adequately prevent caving
or sliding of the walls into the open trench or pit.
Heavy-duty jacks suitable for forcing the pipe through the embankment shall be provided. In
operating jacks, even pressure shall be applied to all jacks used. A suitable jacking head not less
than six inches (6") larger than the outside diameter of the pipe, usually of timber, and suitable
bracing between jacks and jacking head shall be provided so that pressure will be applied to the
pipe uniformly around the ring of the pipe. The jacking head shall be of such weight and
dimensions that it will not bend or deflect when full pressure is applied at the jack. The jacking
head shall be provided with an opening for the removal of excavated material as the jacking
proceeds.
A suitable jacking frame or backstop shall be provided. The pipe to be jacked shall be set on
guides which are straight and securely braced together in such manner to support the section of
the pipe and to direct it in the proper line and grade. All timber and other materials used in the
construction of the jacking assembly will be of such quality and dimensions that they will
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W-7 August 2012 Rev
withstand all stresses to which they are subjected in such a manner as to insure even pressures
on the pipe during jacking operations. The whole jacking assembly shall be placed so as to line
up with the direction and grade of the pipe.
As the jacking proceeds, the embankment material shall be excavated slightly in advance of the
pipe in such a manner to avoid making the excavation larger than the outside diameter of the
pipe, with the excavated material being removed through the pipe. The excavation for the
underside of the pipe, for at least one-third (1/3) of the circumference of the pipe, shall conform
to the contour and grade of the pipe. The excavation for the top half (1/2) of the pipe shall
conform closely to the outside diameter of the pipe and a clearance greater than two inches (2")
will not be permitted. All voids between the pipe and the earth will be filled with grout 1:7
minimum proportioned mix grout with five percent (5%) to forty percent (40%) air entrainment.
Grout holes may be provided in the pipe or grouting may be made through drill holes from the
ground surface if practical. The grouting shall follow immediately upon completion of the jacking
operation.
All carrier pipe installed by jacking shall be supported by quarter point cradle of 2000 psi concrete
across the jacking pit and to the first joint in the ditch section on each end.
The distance that the excavation shall be extended beyond the end of the pipe depends on the
character of the material, but it shall not exceed two feet (2') in any case. The pipe, preferably,
shall be jacked from the low or downstream end. Lateral or vertical variation in the final position
of the pipe from the line and grade established by the Engineer will be permitted only to the
extent of one inch (1") per ten feet (10'), provided that such variation shall be regular and only in
one direction and that the final grade of flow line shall be in the direction indicated on the plans.
When jacking of pipe is once begun, the operation shall be carried on without interruption,
insofar as practicable to prevent the pipe from becoming firmly set in the embankment.
Any pipe damaged in jacking operations shall be repaired or removed and replaced by the
Contractor at his entire expense. The pits or trenches excavated to facilitate jacking operation
shall be filled immediately after the jacking of the pipe has been completed unless an
encasement only has been installed; in which case, the trenches and pits shall be left open until
the carrier pipe has been laid through and manholes have been built if required. The pits or
trenches will then be backfilled in accordance with the location and conditions as are covered
elsewhere in these specifications.
If a carrier pipe is laid through an encasement pipe the bedding of crushed rock, concrete, grout
or granular material, if any, will be considered a part of the unit price of the jacking operation.
W.4.9.4 Construction by Boring:
The hole shall be bored mechanically with a suitable boring assembly designed to produce a
smooth, straight shaft and so operated that the completed shaft will be at the established line
and grade. The size of the bored hole shall be of such diameter to provide ample clearance for
bells or other joints. All carrier pipe installed by boring shall be supported by quarter point cradle
of 2000 psi concrete across the boring pit and to the first joint in the ditch section. All voids will
be grouted with a 1:7 minimum proportioned mix with five percent (5%) to forty percent (40%)
air entrainment, and will be considered a part of the unit price of the boring operation.
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In addition to the requirements stated above, the applicable provisions of Section W.4.9.3,
"Construction by Jacking", in regard to the construction of trench, tolerance in line and grade,
method of operation, backfilling, etc., shall govern for construction by boring.
W.4.9.5 Construction by Tunneling:
The tunnel shall be excavated in such a manner and to such dimensions which will permit placing
of the proper supports necessary to protect the excavation. The Contractor shall take the proper
precautions to avoid excavating earth or rock or shattering rock beyond the limits of excavation
shown on the plans. All damages by excavating and blasting, either to surface or subsurface
structures, shall be repaired or replaced by the Contractor at his own cost and expense.
Adequate provisions shall be made for safety and health of the workmen. All equipment
operated in the tunnel shall be powered by either air or electricity. No equipment will be
permitted in the tunnel that uses a petroleum product for fuel. Electric lights shall be used for
illumination of the tunnel construction, for illumination of completed portions of the tunnel used
for passage, and wherever lighting is needed for inspection of the work. Sufficient number of
lamps shall be used to properly illuminate the work and all wiring for electric power and lights
shall be installed and maintained in a safe and secure manner in accordance with the current
applicable Electrical Code.
The Contractor shall maintain the tunnel air in a condition suitable for the health of the workmen
and sufficiently clear for surveying operations. A sufficient supply of fresh air shall be provided
and maintained at all times in all underground places and provisions shall be made for the quick
and complete removal of gases and dust resulting from blasting or other tunnel operations.
Except when unnecessary due to natural ventilation, artificial ventilation shall be maintained in
the tunnel by ventilating plants of ample capacity operated when needed to meet the preceding
requirements.
If required by the plans or as required for safety, suitable steel or timber sheeting, shoring and
bracing shall be used to support the sides and roof of the excavation. Supports may be left in
place provided that they clear the encasement or carrier pipe. No separate payment will be made
for supports left in place.
Nothing contained herein shall prevent the Contractor from placing such temporary or permanent
supports as they do not deem necessary, nor shall it be construed as relieving the Contractor
from his full responsibility for the safety of the work, and for all damages to persons and
property.
If the tunnel is to be lined with concrete as a monolithic structure, then the over-break, if any, or
voids will be poured with concrete of the required strength as detailed on the plans. If the
strength is not indicated, the twenty-eight (28) day strength will be a minimum of 3000 psi The
Contractor will not be compensated for over-breaks.
No pipe shall be placed until the foundation is in a condition satisfactory to the Engineer. Tunnel
dimensions shown on the plans are minimum dimensions and any excess excavation and
subsequent backfill, concrete or grout fill, shall be at the expense of the Contractor. The pipe
shall be laid in the tunnel true to the line of grade. Tolerance in line and grade shall be as
specified in Section W.4.9.3., "Construction by Jacking."
Unless otherwise indicated or specified, the entire void between the outside of the pipe and the
tunnel walls or the inside face of the tunnel lining shall be backfilled with concrete having a
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minimum compressive strength of 3000 psi at twenty-eight (28) days or 1:7 minimum
proportioned mix grout with five percent (5%) to forty percent (40%) air entrainment. No
concrete or grout shall be placed around the pipe unless the permanent sheeting, bottom, sides
and roof of the tunnel are in a condition satisfactory to the Engineer. The minimum thickness of
concrete or grout backfill shall be maintained throughout. Concrete required for backfill in excess
of the minimum dimensions shown on plan will be at the entire expense of the Contractor.
All pipe damage during construction operations shall be repaired or removed and replaced by the
Contractor at his entire expense.
W.4.9.6 Joints:
When reinforced concrete pipe twenty-four inches (24") and larger in diameter with tongue and
groove joints is used for the encasement pipe, the interior joints for the full circumference shall
be sealed and packed with mortar and finished smooth and even with the adjacent section of
pipe.
W.4.10 Protection of Buildings:
The Contractor shall, at his own expense, shore up and otherwise protect any building or other
structure which may, in the opinion of the Engineer, be endangered during the work, and he shall
restore all buildings, culverts, fences, walls, or other properties disturbed during his work to a
condition similar or equal to that existing before his operations.
The Contractor shall be responsible for any injuries to persons and property, for all damages to
any pipe, conduit, sewer, or other structures injuriously affected by the work. The Owner shall
not be liable therefore.
W.4.11 Crossings to be Kept Open:
At such street, railroad, and all other crossings as may be designated by the Engineer, the
trenches are to be filled in such a manner as to prevent any serious interruption of traffic upon
the roadway or sidewalks. The cost thereof shall be borne by the Contractor.
W.4.12 Protection of Unfinished Work:
Before leaving work for the night, during a storm, or at other times, care must be taken to
protect and securely close the unfinished end of the pipe. Any earth or other materials that may
find entrance into the pipe through any such open or unplugged end of the pipe must be
removed at the Contractor's expense.
W.4.13 Lights and Guards:
The Contractor must provide and maintain adequate detours around the work under construction.
The Contractor shall provide lights, warning signs, and/or watchmen in accordance with the
Texas Manual on Uniform Traffic Control Devices (TMUTCD), latest revision, to provide
adequately for the safety of the public.
W.4.14 Backfill:
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W-10 August 2012 Rev
Excavation shall be backfilled only with approved materials. The placing of backfill material shall
not begin until approval has been given by the Engineer and shall be done immediately when so
ordered by the Engineer.
Backfilling shall be brought up to an elevation slightly above the original ground level to allow for
subsequent settlement. The top surface or slopes of all backfill shall be neatly graded off in a
workmanlike manner, and where select topsoil, sod, or other material is removed and piled
separately, such material shall be carefully replaced in a manner satisfactory to the Engineer.
W.4.14.1 Backfill Material:
Backfilling shall be done with good sound earth. Broken concrete, rock, bituminous pavement, or
other lumpy material shall not be used in the backfill except as the lumps are small and their
dispersal in the backfill is made in the upper section in a manner satisfactory to the Engineer.
Materials of a perishable, spongy, or otherwise improper nature shall not be used in backfilling.
Where good sound earth is not available from the excavated material, gravel cushion and/or
granular backfill material will be used for the initial backfill operation to a point twelve inches
(12") above the top of the pipe. Gravel cushion and/or granular backfill material will not be
required when concrete encasement is specified or used around the pipe.
Sheeting, shoring and bracing shall be pulled and removed during the progress of the backfilling
in a manner satisfactory to the Engineer.
W.4.14.2 Concrete Encasement (Class F4 Embedment):
The pipe shall be supported by concrete block.
Concrete encasement when required, shall be composed of a free flowing material consisting of
small stone, pea gravel, limestone chat, or pit run sand and gravel. The material shall be free
from sticks, lumps, stones, and organic matter. Concrete encasement shall be poured either wet
or dry as may be directed by the Engineer. Concrete encasement shall have an average
compressive strength at twenty-eight (28) days equal to or greater than 3000 psi.
When concrete encasement backfill material is specified or ordered by the Engineer to be poured
DRY, the Contractor shall place this material on each side of the pipe for the pipe for the full
width of the trench using shovels to cut the material back under the pipe and shall be tamped to
a height of six inches (6") minimum above the pipe to receive final backfill.
Care must be exercised not to dislocate or disturb the grade or alignment of the pipe. If ordered
by the Engineer to be poured WET, caution and care must be used not to float the pipe out of
place. In the event pipes are floated out of the proper position, they shall be removed and
relayed at the expense of the Contractor
W.4.14.3 Cement Stabilized Backfill:
Where backfill material shown or called for on the plans is cement stabilized the material shall
extend from the top of the standard embedment to the natural ground elevation and include the
entire width of the trench. Cement stabilized backfill shall contain a minimum of two (2) sack mix
(per yard of earth).
W.4.14.4 Embedment:
Item 9
W-11 August 2012 Rev
In the construction of water lines, the trench shall be excavated to a minimum depth of six inches
(6") below the grade of the outside of the pipe.
On water line construction, when, in the opinion of the Engineer, the subgrade material
encountered at grade is soft, spongy, and unsuitable, it shall be removed to such a depth that
the replacement thereof with firmly tamped crushed rock or natural gravel will provide an
unyielding, stable foundation.
Class F1 Embedment: the trench shall be filled with Standard Crushed Rock or Natural Gravel up
to 1/2 the outside diameter of the pipe. (Standard PVC Pipe)
Class F3 Embedment: the trench shall be filled with Standard Crushed Rock or Natural Gravel up
to 1/6 outside diameter of pipe. (Ductile Iron Pipe)
A. Rock
The stone used in cushion shall consist of durable particles of crushed rock and shall be free
from lumps, stones over one and one half inches (1-1/2”) in diameter, free from frozen
material or injurious amounts of salt, alkali, loam, vegetable or other organic matter. It shall
have a wear of not more than forty percent (40%) when tested in accordance with Texas
SDHPT Test Method TEX-410-A. Gradation is provided in table below:
B. Gravel
The gravel used in cushion shall consist of uncrushed stones meeting the requirements of
wear as referenced in Section W.4.14.4(A) above. The material shall be washed and
screened and not have by weight more than one percent (1%) organic matter, clays or loam
and not more than five percent (5%) by weight of any one of or combination of slate, shale,
schist or soft particles of sandstone. Gradation is provided in table below:
When tested by standard laboratory methods, gravel cushion embedment shall meet the
following requirements for percentage by weight as stated in the Texas State Department of
Highways and Public Transportation Standard Specifications for Construction of Highways, Streets
and Bridges.
TABLE – GRAVEL CUSHION EMBEDMENT
STANDARD CRUSHED ROCK
(Aggregate Grade 4 or Size No. 57 ASTM C 33)
Sieve Size Percent
Retained on 1-1/2 inch 0%
Retained on 1 inch 0% to 5%
Retained on 1/2 inch 40% to 75%
Retained on No. 4 90% to 100%
Retained on No. 8 95% to 100%
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W-12 August 2012 Rev
NATURAL GRAVEL
Sieve Size Percent
Passing 1-1/2 inch 100%
Retained on 3/4 inch 100%
Sub grades that have been allowed to become unstable by neglect of the Contractor, by improper
drainage or lack of drainage, when in the opinion of the Engineer, the condition was caused by
the neglect or fault of the Contractor, the Engineer shall order the Contractor to remove the
unstable subgrade and replace the same with gravel at the expense of the Contractor, and no
extra compensation will be allowed.
W.4.15 Initial Backfill:
After pipe has been laid and the joints have hardened to such an extent that they will not be
damaged by backfilling operation, the pipe lines shall be backfilled in accordance with ASTM D-
698 as follows:
Class F1 Embedment: Select or granular material compacted to ninety-five percent (95%)
Standard Proctor Density a minimum of twelve inches (12") over the top of the pipe or as
required by the Engineer.
Class F3 Embedment: Select or granular material compacted to ninety-five percent (95%)
Standard Proctor Density a minimum of six inches (6") over the top of the pipe or as required by
the Engineer.
Sand shall consist of clean, hard, durable, uncoated grains, free from lumps and organic material.
All particles must pass a No. 8 sieve.
Any special backfill where shown on the plans shall replace the backfill procedure shown herein.
Detectable Metallic Tape (“Blue-Caution Buried Water Below” or approved other) shall be installed
after initial backfill on approximate centerline of pipe prior to final backfill.
W.4.16 Final Backfill:
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W-13 August 2012 Rev
The final backfilling operation shall be in accordance with ASTM D-698 and one of the following
methods used for any of the initial backfill procedures. All final backfill material shall be less than
six-inch (6") diameter.
A. The remainder of the backfill shall be native material placed in uniformly compacted layers
not exceeding six inches (6”) in loose depth and hand or mechanically tamped in a manner
approved by the Engineer to ninety-five percent (95%) Standard Proctor Density.
B. With City approval where an existing street or driveway surface has been cut (asphalt
pavements shall be saw cut before excavation), the following procedure is to be used in
backfilling and replacing the pavement (unless otherwise shown on the plans):
1. The top twenty-four inches (24") of the trench shall be filled with crushed stone
flex-base.
2. In not more than seventy-two (72) hours after backfill of the pavement cut is
completed, unless otherwise approved by the Engineer, the Contractor shall remove
the gravel backfill to a point and pour a minimum six-inch (6") thick concrete slab
extending twelve inches (12") beyond the trench width. The slab shall be covered
with twelve inches (12") flexible base (95% Standard Proctor Density) and then
place fine graded surface course hot mix asphalt concrete, which, when compacted,
will be not less than one and one-half inches (1-1/2") thick or equal to the adjacent
asphalt.
C. Where concrete pavement is cut, the Town of Prosper Representative and the Contractor shall
meet to determine the amount of removal.
W.5 POLYVINYL CHLORIDE (PVC) PIPE INSTALLATION:
Polyvinyl chloride (PVC) pipe may be installed for water mains in the public water utility system.
W.5.1 Polyvinyl Chloride (PVC) Pipe and Fittings:
PVC pipe shall be new, manufactured in the United States of America and shall be blue in color.
PVC pipe shall conform to AWWA C900 or C905. PVC water pipe shall be listed by Underwriters
Laboratories and approved for use in cities and towns of Texas by the State Board of Insurance.
The rigid PVC pipe shall bear the seal of approval (or 'NSF' mark) of the National Sanitation
Foundation Testing Laboratory for potable water pipe. Provision must be made for contraction
and expansion at each joint with a rubber ring, and an integral thickened bell as part of each
joint. Pipe and fittings must be assembled with a non-toxic lubricant in accordance with pipe
manufacturer's recommendations. Pipe shall be made from NSF approved Class 12454 PVC
compound conforming to ASTM resin specification D1784. PVC pipe shall be a minimum Class
150 (DR18). Laying lengths shall be twenty feet + one inch (20' + 1").
W.6 DUCTILE IRON PIPE INSTALLATION:
W.6.1 Ductile Iron Pipe :
Ductile Iron Pipe shall be new, manufactured in the United States of America and designed in
accordance with AWWA Specifications (C150) (ANSI A21.50) using 60,000 psi tensile strength,
42,000 psi yield strength and ten percent (10%) elongation. Pipe shall be designed for a
Item 9
W-14 August 2012 Rev
minimum 150 psi water pressure plus 100 psi surge, with the trench conditions depth of cover
and backfill as specified and blocks, with a two (2) to one (1) safety factor.
Ductile Iron Pipe shall be manufactured in accordance with AWWA Specification C151 (ANSI
A21.51) in metal or sand lined molds.
Ductile Iron Pipe shall be cement lined in accordance with AWWA Specification C104 (ANSI
A21.4).
The pressure rating, thickness class, net weight of pipe without lining, length of pipe and name of
manufacturer shall be clearly marked on each pipe.
Ductile Iron Pipe may be mechanical joint, Fastite, Bell-Tite or TYTON per AWWA Specification
C111 (ANSI A21.11). Mechanical joints to be furnished complete with accessories. Bolts and
nuts shall be Stainless Steel or Cor-ten.
W.6.2 Fittings for Ductile Iron Pipe:
Fittings shall be Ductile Iron per AWWA Specification C153 (ANSI A21.53) or AWWA C110 (ANSI
421.10). Mechanical Joint, or Push-on Joint, with a working pressure of 350 psi for 4" through
24" and a working pressure of 250 psi for greater than 24" fittings. Mechanical Joint Fittings shall
be manufactured in accordance with AWWA Specification C110 (ANSI A21.10) with Mechanical
Joints manufactured in accordance with AWWA Specifications C111 (ANSI A21.11) complete with
Stainless steel bolts and nuts (US alloy or approved other). Push-on Fittings shall be
manufactured in accordance with the applicable portions of AWWA Specification C110 (ANSI
A21.10) and AWWA C111 (ANSI A21.11). Joints to be in accordance with the respective
manufacturer’s standard, gaskets for push-on joint fittings must be interchangeable with those
furnished with the pipe. Compact fittings shall be manufactured in accordance with AWWA C153
(ANSI A21.53) for 3" through 24" and 54" through 64" pipe. Fittings shall be cement lined in
accordance with AWWA Specification C104 (ANSI A21.4).
W.7 CONCRETE CYLINDER PIPE INSTALLATION:
Concrete cylinder pipe, fittings, specials, and valves are to be installed at locations shown on the
plans.
Unless otherwise indicated, pipe in trenches shall be laid to the grade shown on an even grade
from point to point for which elevations are furnished. The grade line shown on the plans is the
invert or flow line. The Contractor shall establish the grade line in the trench or excavation from
grade stakes established by the Engineer.
W.7.1 Pipe Handling:
Pipe, fittings, valves, and other accessories shall be hauled to and distributed at the site of the
project by the Contractor; they shall at all times be handled with care to avoid damage. In
loading and unloading they shall be lifted by hoists or cranes as specified below or rolled on skid
ways in such manner as to avoid shock. Under no circumstances shall pipe be dropped.
Pipe handled on skid ways must not be skidded or rolled against pipe already on the ground.
Pipe shall be placed on the site of the work parallel with the trench alignment and with bell ends
facing the direction which the work will proceed unless otherwise directed.
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W-15 August 2012 Rev
Proper implements, tools, equipment, and facilities shall be provided and used by the Contractor
for the safe and convenient prosecution of the work. All pipe, fittings, specials, valves, etc., shall
be lowered into the trench by means of a "side boom", crane, or other suitable machine and shall
not be rolled or dumped into the trench. The "side boom", crane, etc., shall be of a sufficient
size for handling the pipe, shall lift and lower the pipe at a slow rate of speed, and shall be
capable of stopping the lifting operation at any point without producing a shock or otherwise
jerking or vibrating the pipe. The hoisting cable pipe clamp shall be connected to the pipe in
such a manner so as to prevent damage to the coating. The method of connection shall be
subject to the Engineer's approval. Before lowering into the trench, each joint of pipe shall be
inspected and any unsound or damaged pipe shall be rejected.
The pipe shall be kept clean during the laying operation and free of all sticks, dirt, and trash, and
at the close of each operating day the open end of the pipe shall be effectively sealed against the
entrance of all objects and especially water. No pipe shall be laid in water or when the trench
conditions or the weather are unsuitable for such work, except in an emergency and then only
upon permission of the Engineer.
All pipe shall be laid accurately to established lines and grades with valves and fittings at the
required location and with joints centered and spigots home. Line and grade stakes will be
provided by the Engineer.
Where it becomes necessary to make deflections in the line of the pipe, sections of pipe with
beveled ends up to 5° of fabricated fittings shall be used. Minor deflection of the line of the pipe
may be obtained in the pipe joints; however, the maximum joint opening caused by such
deflection shall not exceed three-quarter inch (3/4") for sixteen-inch (16") pipe and larger. Field
cuts of the pipe will not be permitted.
W.7.2 Pipe Jointing:
Sections of pipe shall be tightly fitted together, and care shall be exercised to secure true
alignment and grade. Before laying each joint of pipe the bell and spigot rings shall be thoroughly
cleaned by wire brushing and wiping until clean and dry. Where pipe is being laid the gasket
shall be placed on the spigot ring, and the spigot end of the pipe shall then be entered into the
bell of the adjoining pipe and forced into position. The gasket and the inside surface of the bell
shall be lubricated with a suitable solution (flax soap) which will facilitate the telescoping of the
joint. The inside joint recess between ends of the pipe sections shall have a maximum and
minimum width of one inch (1") and one-quarter inch (1/4") respectively. No "blocking up" of
pipe or joints will be permitted.
The exterior joint shall be made by placing a cloth joint wrapper around the pipe which will be
held in place with two (2) strands of wire. The cloth wrapper shall be seven inches (7") wide and
hemmed on each side so that the wire "ties" may be inserted to hold the wrapper in place. The
cloth shall be of such length that it will encircle the pipe, leaving enough opening between the
ends to allow the mortar to be poured inside the wrapper. The wire ties shall be sixteen (16)
gauge black annealed wire, or approved other, and shall be of such length as to encircle the pipe
and overlap at the ends about eight inches (8") for tying. The wrapper shall be securely fastened
before the joint is poured. The wire wrapper shall be similar and equal to the wrappers (diapers)
as made by the Mar-Mac Manufacturing Company. The grout used for pouring the joint shall
consist of one (1) part Portland Cement (Type 1) to two (2) parts of clean, fine, sharp platter
sand and mixed to the consistency of thick cream. The joint shall be filled with this grout from
one side in one (1) continuous operation until the grout has flowed entirely around the pipe.
During the filling of the joint it shall be rodded with flexible wire to settle the grout.
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W-16 August 2012 Rev
Upon completion of backfilling of the pipe trench the inside joint recess shall be filled with a
Portland cement mortar consisting of one (1) part cement to two (2) parts sand. After the joint
has been filled the surface of the joint shall be leveled with the interior surface of the pipe, and
the face of joint brushed with a wet brush.
Careful inspection shall be made of each joint to insure a smooth continuous interior surface.
The interior of the pipe shall be thoroughly cleaned and any obstructions that may reduce its
carrying capacity removed. Following completion of the pipe line progressively or in sections
including completion of inside joints and inspections, insofar as might be possible or practicable,
the line shall be kept filled with water.
It is required that a factory trained, qualified, job trained inspector is to be placed on the job. No
pipe shall be laid unless such inspector is present and inspects the laying of the pipe.
Whenever necessary to patch any inside surface cuts on the inside surface of the pipe and where
necessary to patch any clipped areas at the ends of pipe, such patches shall be made with a
mortar of one (1) part Embeco (as manufactured by the Master-Builders Company), one (1) part
Portland cement, and one (1) part clean, sharp sand, all measurements to be by weight. Pipe
thus patched shall not be installed until the patch has been properly and adequately cured and
unless approved for laying by the pipe manufacturer's inspector and by the Engineer.
W.8 REINFORCED CONCRETE WATER PIPE STEEL CYLINDER TYPE PRE-TENSIONED
REINFORCEMENT (Steel Cylinder Type):
Concrete cylinder pipe, modified pre-stressed (or pre-tensioned reinforcement) when required as
shown on the plans shall consist of a welded sheet steel cylinder lined with a dense concrete
lining and around which there is placed reinforcing bars wound helically under measured tension,
with a dense concrete coating covering the cylinder and the bars, and with steel joint rings of the
bell and spigot type for rubber gasket. Pipe shall be in approximately thirty-two foot (32')
nominal lengths except for shorter lengths as required by special conditions. The pipe and pipe
fittings shall comply with AWWA C301 or AWWA C303. C301 pipe shall be designed in
accordance with AWWA C304, C303 pipe shall be designed in accordance with AWWA Manual M9.
The pipe manufacturer shall have had a successful experience record in the design and
manufacture of concrete cylinder pipe and shall have had a substantial footage of pipe of similar
size and with the same joint as offered for this project in successful operation for at least five (5)
years.
All pipe and fittings shall have the approval of the Underwriter's Laboratories, Inc.
All pipe shall be Class 150 (designed for a working pressure of 150 psi) unless otherwise noted on
the plans or in the Special Provisions.
W.8.1 Steel Cylinders:
The steel cylinders shall be fabricated from hot-rolled carbon steel sheets or plates. Sheets shall
conform to the requirements of the current ASTM standards referenced in AWWA C301 or C303
and a minimum yield point of 30,000 psi Plates shall conform to the requirements of the current
ASTM A283, AST A285 or ASTM A36.
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W-17 August 2012 Rev
W.8.2 Curing:
Before wrapping the cylinder with the rod wrap, the lining is to be steam cured for a minimum
period of fifteen (15) hours, after spinning with a moist steam between 90°F. and 125°F. Steam
shall be applied to the inside lining within approximately two (2) hours after spinning. In lieu of
steam curing, the lining may be kept moist for a minimum period of fifty-four (54) hours. This
shall be accomplished by tightly sealing the ends of the cylinder with a waterproof membrane to
retain the moisture in the mortar. Curing shall be as detailed in AWWA C301 and AWWA C303.
W.8.3 Shop Drawings:
Upon the award of the contract, the Contractor shall furnish the Engineer shop drawings showing
the pipe and fittings to be furnished and shall include a location profile and a tabulated layout
schedule as required by the Engineer. Such drawings shall be subject to the approval of the
Engineer and fabrication of pipe and fittings shall not be commenced until such drawings have
been approved by the Engineer.
W.9 IRON PIPE INSTALLATION:
W.9.1 Jointing Push-on Pipe:
A. Materials: All component parts are to be furnished with and included in the price bid for
pipe. The materials consist of a circular rubber gasket of modified bulb shape in cross
section.
B. Procedure: Remove any foreign matter in the gasket seat of the socket, wipe gasket clean,
flex gasket and place in socket with the large round end or bulb end entering first. Seat
gasket evenly around inside of the socket with the groove fitted over the bead. Remove any
bulges. Apply a thin film of lubricant furnished by the pipe manufacturer to the inside
surface of the gasket. No lubricant other than that furnished with the pipe by the pipe
manufacturer will be allowed to be used. Wipe plain end of pipe, to be entered; clean and
place in approximate alignment with the bell of the pipe to which it is to be jointed. Apply a
thin film of the lubricant to the outside of the plain end about one inch (1") back from the
end. Align the pipe and carefully enter the plain end into the socket until it just makes
contact with the gasket. Complete joint assembly by forcing the plain end of the entering
pipe past the gasket until it makes contact with the bottom of the socket. For pipe in sizes
ten inches (10") and larger, a jack-type tool will be used to make up the joint and complete
the assembly of the joint in forcing the plain end of the pipe past the gasket.
C. Deflection of Joints: The maximum deflection at each joint will not exceed manufacturer’s
recommendation.
W.9.2 Jointing Mechanical Joint Pipe:
A. GENERAL
This type of pipe shall be jointed in full accordance with the manufacturer's
recommendations and shall be done in a neat and workmanlike manner. Care shall be taken
to prevent shearing the bolts.
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W-18 August 2012 Rev
B. PROCEDURE
1. After carefully cleaning both spigot and bell and after slipping the following ring and
the gasket over the spigot end, the spigot shall be slipped into the bell.
2. If requested by the Engineer or his Inspector, a lubricant shall be applied to the
spigot to assist in assembly.
3. The gasket shall be carefully seated by hand so as to be even in the bell at all
points.
4. After drawing up the follower ring to uniform bearing against the gasket the bolts
will be inserted and tightened by hand in pairs using bolts opposite each other.
5. The nuts are to be tightened amply to hold the required pressure. Extension
wrenches or pipes over wrench handles will not be permitted. Ten-inch (10") rachet
wrenches with a tension setting control shall be used to tighten the nuts unless
other types of wrenches are approved by the Engineer.
6. The finished joint shall be neat and uniform and shall be watertight.
7. All nuts and bolts for mechanical joint and flanged joints shall be stainless steel.
W.9.3 Making Flanged Joints:
The Contractor shall be responsible for the measurement of all connections. Flanged piping shall
be erected in accordance with the controlling dimensions shown on the plans. Each piece of
flanged pipe shall be thoroughly cleaned to remove dirt, rust, grease and other foreign matter.
Flanged faces shall be thoroughly wire brushed to insure even bearing for gaskets and mating
flanges. Gaskets for flanged joints shall be rubber, Neoprene or SBR, full-faced, one-eighth inch
(1/8") thickness, "Cranite" or approved other. Gaskets shall be UL listed. Flange bolts shall be
installed with bolts in one (1) direction.
Flange bolts shall be tightened, each in turn, at a uniform rate around the joint. All flange bolts
shall be Stainless steel. Flanged piping shall be manufactured in accordance with AWWA
Specification C115 (ANSI A21.15).
W.10 CONCRETE BACKING:
Concrete shall have a compressive strength of not less than 3000 psi shall be used as a cradle or
backing. All materials including aggregates, cement, and water, as well as the mixing and placing
of the concrete, shall be approved by the Engineer. Bends of twenty-two and one-half degrees
(22-1/2°) and greater, plugs, and all tees, crosses, etc., shall be backed with concrete as a thrust
backing. Backing shall be placed between solid ground and the fitting to be anchored; the area
of bearing on pipe and on ground in each instance shall be that required by the Engineer.
W.11 POLYETHYLENE ENCASEMENT:
The encasement of piping with polyethylene film in tube or sheet form shall be provided on all
ductile iron pipe, related fittings, and valves. This wrap shall be an 8 mil. thickness polytube.
Seams and overlaps shall be wrapped and held in place by two inch (2”) wide plastic backed
adhesive tape, Polyken 900 or Scotchrap no. 50, or an approved equal, with approximate two
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W-19 August 2012 Rev
foot (2’) laps on the polytube. The wrap on the barrel of the pipe shall be loose enough to allow
the film to shift with the soil. The wrap shall be installed without breaks, tears, or holes in the
film.
The Polyethylene film shall be installed in accordance with the specifications and requirements of
AWWA C105 (ANSI A21.5).
W.12 COVER OVER PIPE AND CLEARANCE FROM OTHER PIPES:
It is intended that all water lines shall have a minimum cover of forty-two inches (42") unless
otherwise specified on the plans. Where the lines are located in improved street with curb and
gutter, the cover of forty-two inches (42") will be measured from the top of the curb to the top of
the water pipe. Where the water lines are located in unimproved streets without curb and gutter,
the cover of forty-two inches (42") will be measured from the bottom of road ditch to the top of
the pipe regardless of the cover over the pipe at other points in the street. Across natural ground
the cover over the pipe shall be measured from natural ground to the top of pipe. If a profile is
shown on the plans, the Contractor will be required to lay the line to conform to the grades
shown. If it is necessary that a water line shall have over forty-two inches (42") of cover in order
not to exceed the manufacturer's recommendations for deflection of the pipe, the Contractor shall
excavate the ditch with no extra compensation. Regardless of the depth of ditch necessary, the
Contractor shall, under no condition, exceed the manufacturer's recommendations for deflection
of the pipe at joints. The Contractor will receive no extra compensation for extra depth
necessary to cross existing utility lines.
Attention is called to the fact that concrete cylinder pipe must be laid on a grade to insure proper
jointing of the pipe. The grades will be determined in such a manner so as to avoid excessive
use of fittings and specials and to provide a uniform grade between low points and high points.
No additional compensation will be paid for extra trench depth required, to meet these
conditions. Any differences of opinions concerning the grades as set by the Engineer must be
resolved by the Contractor prior to pipe laying.
W.12.1 Clearance From Other Pipes, Sanitary Precautions and Disinfection, Interconnections, Backflow
and Siphonage:
Water mains, pipes, etc., shall be designed and constructed to comply with the Texas
Commission on Environmental Quality (TCEQ) Chapter 290 (Rules and Regulations for Public
Water Systems). These rules and regulations are divided into several parts among which include
the following requirements.
A. When new water mains and new sanitary sewers are installed, they shall be installed no
closer to each other than nine feet (9'). Where this cannot be achieved, the sanitary sewer
shall be constructed of pressure type pipe with watertight joints as used in water main
construction for the nine foot (9') clearance. Unless sewer manholes are made watertight,
the edge of the manhole shall be located at least nine feet (9') from the water lines. The
following table shall be used in determining minimum separation distances of various cases.
B. When new water mains are installed where existing sanitary sewers are located, and when
the requirements outlined in W.12.1(A) cannot be met because of physical conditions, extra
precautions shall be taken by centering the water mains so that the pipe joints are at a
maximum distance from the sewer line, by encasing the sewer line with concrete, and by
installing the water main above the sewer line whenever possible.
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W-20 August 2012 Rev
C. No physical connection shall be made between a drinking water supply, public or private,
and the sewer or any appurtenance. Any facilities for permitting discharge of drinking water into
the sewer of any appurtenance thereof shall be constructed so as to prevent any possibility of
sewage entering the drinking water system.
TABLE - SEPARATION OF WATER AND SEWER LINES
Condition
Location
MATERIAL
MINIMUM SEPARATION
Comments
Water Sewer Vertical Horizontal
NEW WATER AND NEW SEWER SYSTEM
Sewer force
main and
gravity sanitary
sewer parallel to
water main
Water
above
Sewer
Std
CI DI PVC
150 psi
2 feet
4 feet
Separate trenches
Gravity sanitary
sewer crossing
water main
Water above
Sewer OR
Sewer above
Water
Std CI DI PVC
150 psi
6 inches
N/A Center one joint of sewer pipe on
water main. Cement stabilize
sand backfill 12 feet past joints.
Gravity sewer
crossing water
main
Water
above
Sewer
Std
ABS, Clay
Concrete
Composite
2 feet
N/A
Cement stabilize sand backfill
initial backfill zone of sewer for 9
feet each side of crossing.
Center one joint of sewer pipe on
water main.
NEW WATER AND EXISTING SANITARY SEWER
New water
parallel
existing sewer
Water
above
Sewer
Std
ABS, Clay,
Concrete
CI DI PVC
2 feet
4 feet
If sewer shows no sign of
leakage, then leave sewer
alone. If sewer shows signs
of leakage, then repair or
replace.
New water
crossing existing
sewer
Water
above
Sewer
Std
ABS, Clay,
Concrete
Composite
2 feet
N/A
If sewer shows no sign of
leakage, then leave sewer alone.
If sewer shows signs of leakage,
then repair or replace.
New water
crossing existing
sewer
Water
above
Sewer
Std
ABS, Clay,
Concrete
Composite
2 feet
N/A
Replace existing sewer with
one joint CI, DI, PVC 150 psi,
centering over water line.
New water parallel
to existing sewer
Water
above
Sewer
Std
ABS, Clay,
Concrete
Composite
2 feet
4 feet
Replace exist. sewer with CI, DI,
PVC 150 psi, or cement stabilized
sand backfill in initial backfill zone
of sewer where parallel closer
than 9 feet, or encase the water
in 150 psi pipe two nominal sizes
larger.
Item 9
W-21 August 2012 Rev
TABLE - SEPARATION OF WATER AND SEWER LINES (continued)
Condition
Location
MATERIAL
MINIMUM SEPARATION
Comments
Water Sewer Vertical Horizontal
EXISTING WATER AND NEW SANITARY SEWER
New sewer
parallel to existing
water
Water above
Sewer
OR
Sewer above
Water
Std
CI DI PVC
150 psi
2 feet
4 feet
Separate trenches
New sewer
crossing existing
water
Water above
Sewer OR
Sewer above
Water
Std CI DI PVC
150 psi
6 inches
N/A Center one joint of sewer pipe in
water line.
New sewer
crossing existing
water
Water
above
Sewer
Std
ABS, Clay,
Concrete
Composite
2 feet
N/A
Cement stabilized sand backfill
initial zone of sewer for 9 feet
each side of crossing. Center
one joint of sewer pipe on water
main.
D. No sewer lines carrying domestic or industrial wastes shall cross suction mains to pumping
equipment. Water lines shall not be installed closer than ten feet (10') to septic tank drain
fields.
E. Sanitary precautions, flushing, disinfection procedures and bacteriological sampling, as
prescribed in AWWA Standards and these specifications for disinfecting water mains, shall
be followed in laying water lines.
F. Pipe shall not be laid in water or placed where it can be flooded with water or sewage
during its storage or installation.
G. Where water mains are laid under any flowing stream or semi-permanent body of water,
such as marsh, bay or estuary, the water main shall be installed in a separate watertight
pipe encasement or double valves shall be provided in the line on each side of the crossing
with facilities to allow the underwater portion of the system to be isolated and tested to
determine that there are no leaks in the line under water. All lines four inches (4") and
smaller should be encased.
H. New mains shall be thoroughly disinfected in accordance with AWWA Standards and these
specifications and then flushed before being placed in service. Samples shall be collected
for bacteriological analysis to check the efficiency of the disinfection procedure, which shall
be repeated if contamination persists.
I. No physical connection between the distribution system of a public drinking water supply
and that of any other water supply shall be permitted unless such other water is of a safe,
sanitary quality and the interconnection is approved by the Texas Department of Health
Resources.
Item 9
W-22 August 2012 Rev
J. No water connection from any public drinking water supply shall be made to any sprinkling,
condensing, cooling, plumbing or any other system unless the said connection is of such a
design as will insure against any backflow or siphonage of sewage or contaminated water
supply.
K. The use of check valves, double check valves or backflow preventer is not considered as
sufficient protection in separating potable and questionable water systems.
W.13 CONNECTION TO EXISTING WATER MAINS:
Where indicated on the plans and/or hereinafter specified, the Contractor shall connect the new
main with existing mains or lines. The Contractor shall furnish all labor, materials, equipment,
and services required for the locating and uncovering of the existing line, the making of cuts in
the existing line, the removal, relocation, and connecting of the existing line into the new main
and any and all appurtenant work required for a complete connection. Relocated mains or lines
shall be laid so that all valves so relocated or installed shall be set vertically. Only such
connections to existing mains as are necessary to load, test, and sterilize mains under
construction with water from Owner mains will be permitted prior to the sterilization of new
mains. All other connections to existing mains from a new main being constructed shall be made
only after the new main has been adequately and satisfactorily sterilized and the Engineer or his
Inspector has authorized the connections to be made. Contractors will be required to plug and
block lines, crosses, tees, or other fittings installed in the new main to permit testing and
sterilization prior to the making of connections. Such plugs and blocking shall be adequate to
withstand a working pressure of 200 psi.
Connections to an existing line shall be made with full body ductile iron tapping sleeve and valve.
Tapping sleeves shall be Mueller Model #H-615, American Flow Control Model #’s 2800/1004 or
U.S. Pipe Model #T-9. With prior approval by the City Engineer, stainless steel Smith Blair 623
may be allowed for connection to existing lines twenty-inch (20”) or larger. Approved valves are
provided in Section W.14.1 of these specifications.
Where cut-ins are made immediately adjacent to valves which are under pressure, the Contractor
shall take all necessary precautions to brace such valves with temporary blocking and bracing
which shall be ample size and properly placed to prevent movement or blowing off of any pipe,
valves, or fittings due to water pressure on the main.
Connections to existing water mains shall be made at the locations shown, as specified, and/or as
directed by the Engineer. All such connections shall be made in a most expeditious and
workmanlike manner to cause the least inconvenience to water customers and to traffic and shall
be made at night unless otherwise approved by the Engineer. The detailed schedule of
operations for making each connection shall be approved by the Engineer or his Inspector before
any work thereupon is commenced.
W.13.1 Pipe Handling:
Proper implements, tools, and facilities shall be provided and used by the Contractor for the safe
and convenient prosecution of the work. All pipe, fittings, and valves shall be carefully lowered
into the trench piece by piece by means of derrick ropes or other suitable tools or equipment in
such a manner as to prevent damage to pipe or pipe coating. Under no circumstances shall pipe
or accessories be dropped into the trench.
Item 9
W-23 August 2012 Rev
At all times when pipe laying is not in progress, the open ends of the pipe shall be closed by
approved means. No trench water shall be permitted to enter the pipe. All foreign matter or dirt
shall be removed from the pipe, and it shall be kept clean by approved means during and after
laying. No pipe shall be laid in water or when trench conditions are unsuitable for such work.
Cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat workmanlike
manner without damage to the pipe. Concrete pressure pipe shall not be cut on the job without
the approval of the Engineer.
W.14 VALVES:
W.14.1 Gate Valves:
In general, all gate valves shall conform to the Standard Specifications for Gate Valves for
Ordinary Water Works Service, AWWA C-509, except for changes or additions specifically outlined
as follows: Gate valves two-inch (2") to twelve-inch (12"), inclusive, shall be nut or hand wheel
operated, as shown on the plans. Valves, excluding tapping sleeve and valves, larger than twelve
inches (12”) may be Butterfly Valves.
Valves shall have flanged or mechanical joint ends. Bell and spigot pipe will use valves with Class
“D” bells conforming to the Standard Specifications for Cast Iron Pressure Fittings, AWWA C-100,
or a mechanical joint casting conforming to American National Standard Specifications for a
mechanical joint for Cast Iron Pressure Pipe and Fittings, ANSI A21.11 (AWWA C-111). Flanged
pipe will use valves with flanged ends conforming to ANSI B 16.11 Class 125).
All gate valves shall be epoxy coated body with resilent wedge. Valves must embody the best
workmanship and finish, and open and close freely and easily. In closing, the gates must move
without friction to their position opposite their ports, both discs being then closed squarely
against the seat rings. When valves are in full opened position, the discs shall be raised clear of
the water and provide an opening equal to the full normal diameter of the valve.
Gate valves shall be tested at a hydrostatic pressure of 300 psi, and shall be guaranteed for 150
psi water working pressure. Any leakage at the pressures through any castings or between the
bronze ring and the cast iron body shall cause the said casting or assembled fitting to be
rejected. No plugging or patching to stop any leakage will be permitted.
All gate valves shall open by turning counter-clockwise.
All bronze metal used in the working parts of the valve, with the exception of the valve stem,
shall have a tensile strength of 34,000 psi.
Gate valves of the internal wedging type shall have solid wedges made of high grade bronze,
having a tensile strength of at least 50,000 psi, with wide bearing surfaces of sufficient thickness
to guarantee no bending or denting under abnormal strain, and such bearing surfaces shall be
ground to flat surfaces on each face. The wedges in valves twelve-inch (12") and over may be
trimmed with a heavy bronze mounting.
Gate valve stems or spindles shall be of high-tensile strength manganese bronze, or other
non-corrodible metals as specified in ASTM B 584 CDA 844.
Item 9
W-24 August 2012 Rev
A specimen cut from any portion of the stem or spindle and machined to dimensions as in Figure
3, 4, or 5, "Standard Methods of Tension Testing of Metallic Materials", pages 699 and 700,
A.S.T.M. Standards 1946, Part 1-A Ferrous Metals, shall produce tensile properties not less than
those shown in Table II, under "Standard Specifications for Manganese Bronze Rods, Bars and
Shapes", A.S.T.M. Designation B 138.
A thrust collar on the spindle shall be cast integral with the spindle. A spindle having a thrust
collar fastened or upset by any mechanical means is not acceptable. (There shall be provided a
stem collar bushing suitably machined, to permit repacking the valve when it is in full open
position. The stuffing boxes and glands shall be bronze bushed).
The manufacturer shall be required to furnish the Owner with certified copies of the hydrostatic
tests and physical test of all metals used in the manufacture of the valves.
Detail prints shall be furnished on all valves.
Gate valves (including tapping sleeves and valves) shall be Mueller Model Series 2360, M&H
Model Series 4067/7571 or American Flow Control Model Series 2500.
W.14.2 Butterfly Valves:
In general, all butterfly valves and actuators shall conform to AWWA Standard for Rubber-Seated
Butterfly Valves, AWWA Standard C 504 except for changes or additions specifically outlined as
follows:
Butterfly valves may be used for valves, excluding tapping sleeve and valves, larger than twelve
inches (12”). Manholes shall be constructed if required by the City Engineer or his/her designee.
The valve body shall be short body, flanged and made of cast iron or ductile iron. Flange holes
shall be drilled full size. Valve seats shall be natural rubber or Buna-N and polished stainless
steel, Type 304 or 316, 90 seating angle only with a 360 uninterrupted seating surface.
Shafts shall be Type 304 or 316 stainless steel. Shaft seals shall be standard split-V packing or
double O-ring seal cartridges. Discs shall be ductile iron, cast iron or fabricated steel. Operating
nuts shall be ductile iron.
Valves shall have flanged or mechanical joint ends or any combination of these as may be
specified.
A. Mechanical joint ends shall conform to AWWA Standard C 111 (ANSI A21.11).
B. Flanged ends shall conform to AWWA Standard C 110 (ANSI A21.10), Class 250 lb.
C. Bolts and nuts for mechanical joints shall be high-strength, low-alloy corrosion-resistant
steel conforming to ASTM A 325 (Type 3).
D. No flanged by slip-on or slip-on by slip-on ends allowed.
Manual Valve Actuators shall conform to the latest revision of AWWA Standard C 504 and shall be
sized for the maximum valve torque requirements based on the operating pressures and flow
rates as specified. The valve actuator shall be designed to hold the valve in the any intermediate
position between fully opened and fully closed without creeping and fluttering. Actuator shall be
located at the right end of a horizontal shaft. The input shaft shall be vertical and upward.
Item 9
W-25 August 2012 Rev
Actuators shall be totally enclosed worm gear type and traveling-nut type Limitorgue, Type HBC
or approved other.
The valve shall close by turning the input shaft clockwise. All hand wheels shall turn clockwise to
close the valve.
The manufacturer shall be required to furnish the Owner with certified copies of the hydrostatic
tests and physical test of all metals used in the manufacture of the valves.
Detail prints shall be furnished on all valves.
Butterfly valves shall be Mueller Model Series 3211 or M&H Model Series 4500/1450.
W.14.3 Distribution System and Fire Hydrants Lead Valves:
All hydrants lead valves and distribution system valves through twelve inches (12") in size shall
be full opening, from body, non-rising stem, resilient seated wedge type valves equal or exceed
applicable AWWA Standards, C509.
They shall be so designed that a complete ZERO leakage shutdown may be effected with flow in
either direction at pressures of up to 200 psi, which shall be the working water pressure rating of
the valves.
When fully opened, valves shall have a smooth, unobstructed waterway. All internal ferrous
metal surfaces shall have an approved epoxy coating to provide a corrosion resistant barrier
between the base metal and the surroundings. The epoxy coating shall be applied holiday free to
a thickness of not less than 4 mils, shall be nontoxic after application and impart no taste to
water.
Valves shall have two (2) or more "O"-ring stem seals. The stem shall have the thrust collar and
bearing surfaces isolated from the waterway and provided with continuous lubrication, or it shall
be provided with non-corrosive thrust bearings above and/or below the thrust collar. They shall
be capable of being repacked in the fully open position, under pressure as stipulated in paragraph
16.5, AWWA C500.
Valves shall have flanged or mechanical joint ends. Bell and spigot pipe will use valves with Class
“D” bells conforming to the Standard Specifications for Cast Iron Pressure Fittings, AWWA C-100,
or a mechanical joint casting conforming to American National Standard Specifications for a
mechanical joint for Cast Iron Pressure Pipe and Fittings, ANSI A21.11 (AWWA C-111). Flanged
pipe will use valves with flanged ends conforming to ANSI B 16.11 Class 125).
All valves shall open by turning left and shall have a two-inch (2") square nut or be hand wheel
operated as shown on the plans.
Contractors or suppliers shall furnish a detailed drawing that lists applicable ASTM numbers of all
components.
All valves shall have nitrile, Buna-S, or EPDM or Urethane rubber seating materials.
All valves shall have high strength NDZ Bronze stem.
All bonnet bolts and nuts, "O"-ring plate bolts and nuts shall be stainless steel.
Item 9
W-26 August 2012 Rev
All tapping sleeve bolts and mechanical joint bolts for valves shall be Cor-ten or approved other.
W.14.4 Air Release Valves, Air/Vacuum Valves:
Air release valves, when shown on the plans or required, shall be the float and lever type, as is
manufactured by the GA Industries, Inc., or approved other, or the air/vacuum type as is
manufactured by the GA Industries, Inc., or approved other. The inlet ends will be screwed for
two-inch (2") and smaller, and flanged for three inches (3") and larger. Valves shall be equipped
with a regulated closure device to prevent the valve from being slammed shut.
W.14.5 Installation of Gate Valves:
All valves shall be installed as shown on the plans. For each gate valve the Contractor shall
furnish and install a valve box pad. No valves shall be in curbs.
Valve boxes shall be three (3) piece screw type cast iron of the extension type and shall be
similar to Mueller No. H-10360 or an approved other. The three (3) pieces shall consist of the
top section, bottom section and cover. Extensions shall be provided as required. For three-inch
(3") and smaller valves Mueller No. H-10366 or approved other will be acceptable. For fourteen-
inch (14") and sixteen-inch (16") valves Mueller No. H-10357 with No. 160 base or approved
other shall be furnished and installed. For sixteen-inch (16") and larger valves, manholes may be
required as specified on the plans.
Valves shall be carefully handled and lowered into position in such a manner as to prevent
damage to any parts of the valve.
Valves shall be placed in such positions as indicated on the plans with the stem in a vertical
position and securely held until all connections have been made.
Gate valves and pipe fittings shall be set and jointed to new pipe in the manner herein specified
for cleaning, laying, and jointing pipe. Hub ended valves shall be jointed to pipe only with lead
joints. Flanged and mechanical joint valves will be preferred where suitable. Cast iron valve
boxes shall be firmly supported and maintained centered and plum over the wrench nut of the
gate valve. The box cover shall be set flush with the surface of the ground or at such other level
as may be directed.
Concrete blocks shall be constructed around the top of the valve box. The concrete block shall
be six inches (6") thick, by twenty-four inches (24") square outside dimensions 3000 psi strength
concrete. All settlement shall have occurred or be obtained prior to the placement of the
concrete block. The top of the valve box shall be flush with the finished grade of the concrete
block and the surrounding terrain.
All valves shall be marked with a saw on the curb or pavement with “V”. The “V” shall point to
the location of the valve as follows: If the valve is in the paving, the “V” shall be marked upright;
if the valve is outside the paving, the “V” shall be marked upside down.
Item 9
W-27 August 2012 Rev
W.15 FIRE HYDRANTS:
Fire hydrants, when required and when shown on the plans, shall conform strictly to AWWA
Specifications C-502, Fire Hydrants for Ordinary Water Works Service, with the following
supplementary details and changes or additions.
A. Fire hydrants shall meet the requirements of the Texas Fire Insurance Division of the State
Board of Insurance Commissioners.
B. Type of shut-off may be compression type with the flow.
C. Unless otherwise ordered inlet connection shall be six-inch (6") standard mechanical Joint
hub, complete with all joint accessories. Inlet valve shall have not less than a five and one-
quarter inch (5-1/4") opening. Hydrant barrel I.D. shall not be less than seven and one-
quarter inches (7-1/4").
D. All hydrants shall be equipped with two (2) hose nozzles and one (1) steamer nozzle. The
hose nozzles shall be two and one-half inches (2-1/2") nominal I.D. National Standard
Thread. Pumper nozzle shall be four inches (4-1/2") nominal I.D. National Standard Thread.
All nozzles shall be mechanically attached with a Storz unit which includes a cap.
E. Unless otherwise approved, hydrants shall be furnished for a five-foot (5') depth of bury.
F. One extension up to a four-foot (4’) extension shall be permitted. Anything requiring more
than a four-foot (4’) extension will require a special order fire hydrant.
G. Reserved.
H. Positive operating drain valve or valves shall be provided to drain the hydrant properly. The
seat of the drain valve shall be bronze (or other corrosion-resistant material), fastened
securely to the hydrant. Stem threads shall be sealed away from water.
I. All fire hydrants shall open by turning to the left (counter-clockwise).
J. All fire hydrants shall be painted with two (2) coats of Tnemec Series 530 1201 Omnithane
Aluminum / Matte, Silver over one (1) shop coat of red lead paint.
K. When a color code other than aluminum is required the top bonnet, including the lip and all
nozzle caps shall be painted the appropriate color. Water Main Size: 6” - Tnemec Series 2H
Hi-Build Tneme-Gloss, Candy Apple Red; 8” - Tnemec Series 2H Hi-Build Tneme-Gloss, True
Blue Safety and for 12” & larger mains - Tnemec Series 2H Hi-Build Tneme-Gloss, Safety
Yellow.
L. Hydrants shall be of the breakable type, designed to break approximately three inches (3"),
but not over five inches (5") above the ground line. These parts shall be of the breakable
flange type, or breakaway lug. Breakable flanges screwed to the standpipe are not
acceptable. Flanges shall be so designed that an end wrench can be used on the nuts and
bolts. Provision shall be made in the design of the stem to disconnect the stem from the
hydrant parts above the standpipe break-point in the event of a traffic accident. If
breakable or sleeve type couplings are used, they shall have sufficient torsional strength
such that a torsional failure of the stem will occur at some point other than at the coupling.
Item 9
W-28 August 2012 Rev
Design of the coupling shall be such that when the coupling is broken no parts will come
loose and fall into the hydrant, and the break will not occur through the pins or bolts holding
the coupling to the stem.
M. All hydrants shall be capable of being extended to accommodate future grade changes.
N. Main valve seats on compression type hydrants closing with the flow shall be of such design
that incorrect positioning is impossible and that the threads will be adequately guided into
position. Arrangements shall also be made to hold the main valve gasket in place during
assembly. Stainless steel bolts shall be furnished on the lower barrel to shoe connection.
O. Gaskets furnished for ground line flanges shall be full face or shall be recessed to hold the
gasket in place.
P. "O"-rings may be furnished in lieu of packing. They shall be the double "O"-ring type,
designed so that the rubber rings move against a bronze surface. All hydrants must have
travel stop device. Those using stem nut must be capable of being removed without any
special tools. Any packing gland nut must be bronze.
Q. Hydrants must be so constructed that the nozzle may be faced in any direction and located
eighteen inches (18") from ground line.
R. Each hydrant must have a sealed oil reservoir to provide positive lubrication of stem threads
and bearing surfaces each time the hydrant is operated or shall be provided with a lifetime
lubrication system contained in a grease chamber filled with an all temperature (-50°F to
+125°F) grease. Addition of lubricant shall be through either an allen screw, a grease fitting
or a flat head screw. Parts removal will not be acceptable.
S. All hydrants must be equipped with a weather cap to prevent water from entering the
bonnet.
T. Each hydrant shall have a 4 mil epoxy coating on the interior of the shoe.
U. Fire Hydrants shall be Kennedy or American Flow Control (Waterous) Traffic Model WB-67-
250. Iron or steel stems shall have bronze or stainless steel metal sleeve where passing
through stuffing box or "O"-rings. Operating threads must be sealed against contact with
the water at all times regardless of open or closed position of the main valve.
V. The hydrants shall close with the pressure and shall have either a bronze cap not to seal the
bottom end of stem threads against contact with water, or the stem shall not penetrate the
lower valve plate.
W. A Blue Stimsonite, Fire-Lite reflector model 88-SSA (or approved other) shall be placed just
off center of the street or fire lane opposite fire hydrants. At intersections, reflectors shall
be placed on both roadways opposite fire hydrant.
W.15.1 Fire Hydrant Installation:
Fire hydrants shall be located as shown on the plans or as directed by the Engineer and shall be
set truly vertical with the base. Pipe joints shall be made as specified for pipe laying. The
hydrants shall be carefully and substantially blocked against firm trench walls with sound stone,
sound slabs of or 3000 psi concrete, but no additional pay will be allowed for same.
Item 9
W-29 August 2012 Rev
W.16 SERVICE CONNECTIONS:
Water service connections shall be made by tapping the mains at specific points as designated by
the Engineer. Service taps shall be made after the mains have been laid. The work shall be
done by experienced workmen with suitable tapping machine and tools. A tapping saddle shall
be used to connect service lines to pipe mains. To give ample space for expansion, the copper
service pipe shall be connected to the corporation cock at the main and laid in the trench so that
the service pipe will weave from one side of the trench to the other side of the trench and back in
a distance of ten feet (10'). The service pipe shall be placed at a minimum depth of twenty-four
inches (24") under the finished grade except where the service pipe shall pass under the curb. At
this point the service pipe shall be a minimum of twenty-four inches (24") under the top of the
curb or a minimum of six inches (6") under the bottom of the curb and gutter section, or lime
stabilized subgrade whichever is greater. Excessive bending of the pipe, which will injure or
reduce the cross sectional area of the pipe, will not be permitted.
The length of the service line shall extend from the main to a point two feet (2') back of the
street curb at a depth of twelve inches (12”) where curb exists or to the property line if no curb
exists, unless shown otherwise on plans. Line shall be continuous with no fittings under paving.
If there is a curb, the curb shall be saw cut with "I" in good quality blue paint at the point where
the service pipe passes the curb. All water line services shall be located 2 feet from property
lines. All services shall be 1” or larger as shown on the engineering drawings.
The subdivision plans shall be revised to indicate water service location as installed and shall
indicate field measurement on ties to at least one (1) property corner.
Water services shall be one inch or larger. The use of bull heads are not allowed. Meters will be
installed on size of service feeding it.
Item 9
W-30 August 2012 Rev
W.16.1 Service Materials:
The service pipe shall be minimum one inch (1”) or larger as shown on the engineering drawings
for all residential properties and located two feet off the property line. Poly pipe, and shall
conform to A.S.T.M. D2737 working pressure of 200 psi at 23 C,SDR 9, AWWA C901. Service
materials shall be as shown in the following table: TABLE – SERVICE MATERIALS
Part Size Manufacturer/Model #
Ford Cambridge A.Y. McDonald
CC PLUG 3/4" F1000-3 302-A3H3 4701T/4701-22
(AWWA 1" F1000-4 302-A4H4 4701T/4701-22
TAPER X 1-1/2" N/A N/A 4701T/4701-22
COMP) 2" N/A N/A 4701T/4701-22
CC BALL 3/4" FB1000-3 301-A3H3 4701BT/4701B-22
(AWWA 1" FB1000-4 301-A4H4 4701BT/4701B-22
TAPER X 1-1/2" FB1000-6 301-A6H6 4701BT/4701B-22
COMP) 2" FB1000-7 301-A7H7 4701BT/4701B-22
ANGLE VALVE 3/4" BA43-333W 210-H3T3 4602BT/4602B-22
(COMP X 1" BA43-444W 210-H4T4 4602BT/4602B-22
METER 1-1/2" FV43-666W N/A 4602BT/4602B-22
TAIL OR FL) 2" FV43-777W N/A 4602BT/4602B-22
CC TAP. SAD. 4-12" 202B (4-30") N/A 3825
Sand embedment shall be used around the pipe, gravel shall be used around the corporation stop
with minimum 3 inches under the meter.
Water meter boxes shall be furnished and set on each service. One-inch (1”) water meter boxes
shall be DFW Plastics Model # DFW-16 AMR with a 1600 AMR Bloc solid lid or approved equal.
One and a half-inch (1½”) and two-inch (2”) meter boxes shall be DFW Plastics Model # DFW-
65C Black or approved other. All meter boxes shall have AMR slide mount molded or screwed in
to the lid.
All domestic water meters greater than two-inch (2”), shall be installed in a vault as per Standard
Construction Detail W15.
W.17 CLEAN-UP:
During construction the Contractor shall maintain the premises in an orderly, neat, and
presentable manner. Scraps and debris shall not be left scattered but shall be assembled
together and such as are unusable shall be moved from the premises or disposed of to the
satisfaction of the Engineer.
The Contractor shall make a final cleanup of all parts of the work before final acceptance by the
Owner. This cleanup shall include among other things, left over construction materials,
equipment, scraps, removal of all objectionable rocks, pieces of concrete, and other debris.
Earthwork shall be smoothed and graded to the lines shown on the plans. Backfill over all
trenches shall be left in a uniform and neat condition.
Item 9
W-31 August 2012 Rev
Disposal is not to be made on adjacent private or public property without written permission filed
with the Engineer. If permission is granted by the property owners, the material so disposed of
is to be leveled and left in a condition satisfactory to the Engineer.
W.18 STERILIZATION OF WATER MAINS:
During the construction operations workmen shall be required to use utmost care to see that
parts of the structures, inside of pipes, fittings, jointing materials, valves, etc., the surface of
which come in contact with Owner's water are maintained in a sanitary condition. Every effort
must be made to keep the inside of the pipe, fittings, and valves free of all foreign matter, sticks,
dirt, rocks, etc. As each joint of pipe is being laid it must be effectively swabbed so that all
foreign matter is removed. All fittings and exposed open ends of pipe must be blocked or capped
until the line is completed. Prior to any sterilization, pressure testing or flushing a Testing
Program will be submitted to the Town showing total footage of pipe to be tested, locations of
blow offs and designating sample locations to be used. Test locations will be clearly marked and
numbered using half sized drawings of the proposed improvements.
The line shall be flushed out, completely replacing its entire volume with water from the
Owner's mains. Once the line has been filled, all flushing is required to be metered, and paid
for by the contractor at the current residential rate. Meters will be furnished by the Town for
blow offs as shown on the Testing Program. There will be a charge of $25.00 for each 1”
meter and normal rates deposits will apply for moving fire hydrant meters.
B. Chlorine will be injected into the section of line being sterilized so that its entire capacity will
be filled with water containing chlorine in the amount of fifty (50) p.p.m. or in such other
quantity as determined by the Engineer. The sterilizing agent shall be introduced at one
end of the section and the water released from the opposite end until the sterilizing agent is
present at the discharge end in such quantity as to indicate a residual-chlorine of fifty (50)
p.p.m. or as otherwise determined by the Engineer. All valves shall then be closed and the
sterilizing solution permitted to remain in the pipe line section for not less than twenty-four
(24) hours.
C. At the end of the sterilizing period the sterilizing solution shall be discharged from the pipe
and replaced with water direct from a main of the Owner.
D. A sample of water from the sterilized main shall be taken from a suitable tap under the
supervision of the Engineer or his Inspector and submitted to a TCEQ approved testing
laboratory. If the test shows a satisfactory quality of water, the line so sterilized shall then
be placed in service by the Contractor who shall notify the Water Superintendent and assist
the Water Superintendent in location and operation of all valves installed by the Contractor.
If the sample shows unsatisfactory quality of water, the process of sterilization shall be
repeated until satisfactory water is obtained. The lines shall be disinfected in accordance
with AWWA C651, latest revision thereof. Prior to opening the new water lines water
residuals will be taken to insure water quality.
E. Sterilization of the line or any section thereof shall not be commenced until the Engineer's
approval of the method, apparatus, sterilizing agent, and the section of the line has been
obtained.
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W-32 August 2012 Rev
G. Test samples will be done to meet the TECQ requirements and test stations will be the
contractor’s responsibility. When additional taps are required to meet sampling frequency
the contractor shall submit his procedure for the Towns approval. Samples will be taken at
1,000 lf and with the Towns inspector present. Samples will be wrapped by the Town’s
Inspector with tamper proof tape prior to leaving the construction site.
W.19 INSPECTION AND TESTS:
Tests and inspection will be made on the entire project by sections designed by the Engineer to
ascertain that the main is in an acceptable condition to perform the function for which it was
designed and constructed.
The City will furnish the Inspector to observe the construction of the project on a routine basis.
No final acceptance will be given until the entire project has been completed; including all tests
conducted and passed as may be required.
W.19.1 Inspection – General:
During the process of unloading, all pipe and accessories shall be inspected by the Contractor for
loss or damage in transit. No shipment shall be accepted by the Contractor until notation of any
lost or damaged material shall have been placed on the bill of lading by the agent of the carrier.
All pipe and accessories shall be laid, jointed, tested for defects and for leakage with pressure,
and chlorinated in the manner herein specified in the presence of the Engineer or his authorized
Inspector and subject to their approval.
All material found during the progress of the work to have cracks, flaws, or other defects will be
rejected by the Engineer, and the Contractor shall promptly remove from the site of the work
such defective material.
The Contractor shall be responsible for all material furnished to him or by him and shall replace at
his own expense all such material that is found to be defective in manufacturing or that has
become damaged in handling after delivery by the manufacturer. The Contractor shall be
responsible for the safe storage of material furnished by or to him until it has been incorporated
in the completed project.
Pipe fittings, valves, and other accessories shall be unloaded at the point of delivery, hauled to,
and distributed at the site of the project by the Contractor. They shall, at all times, be handled
with care to avoid damage. In loading and unloading they shall be lifted by hoists, slid or rolled
on skidways in such a manner as to avoid shock. Under no circumstances shall they be dropped.
Pipe handled on skidways must not be skidded or rolled against pipe already on the ground.
In distributing the material at the site of the work, each piece shall be unloaded opposite or near
the place where it is to be laid in the trench. Pipe shall be handled in such a manner that a
minimum amount of damage to the coating will result. Damaged coating shall be replaced in a
manner satisfactory to the Engineer.
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W-33 August 2012 Rev
Pipes shall be placed on the site of the work parallel with the trench alignment and with bell ends
facing the direction on which the work will proceed unless otherwise directed. The interior of all
pipe, fittings, and other accessories shall be kept free from dirt and foreign matter at all times.
W.19.2 Visual Inspection:
During the course of the construction, the Inspector will make continuous routine inspection to
ascertain that the project is being constructed in accordance with the plans and specifications and
that the materials are of the type and kinds specified.
Upon completion of the project, or part of the project, the Engineer, or his authorized
representative (the Inspector) in the company and a representative of the Contractor (usually the
job foreman) will make a visual inspection of all the project, or a part of the completed project,
checking the following items:
A. Verify that all ditches are properly backfilled and compacted to these specifications.
B. Verify that all lines are loaded and pressurized from the Owner's system. Blow all fire
hydrants and test coppers to bleed off air and to flush out lines. Large leaks should show at
this stage.
C. Check all valves for location of vertical stacks on valve stems and uncover if found buried to
verify if the valves are operable and to determine whether they are open or closed and that
they cannot circulate into lines that are in service. No bells are allowed on the vertical
stacks. Old valves being replaced must be checked before use to ascertain that they do not
leak more than the allowable, as established in AWWA C500.
D. Locate, uncover and remove all chlorination and test coppers.
E. Verify that full pressure has been left on all lines after loading.
F. Verify that all special structures, such as bored or tunneled section, manhole or access to
the encasement pipe, are properly constructed and ready for the hydrostatic test. On all
flexible pipe check to verify that deflection does not exceed the allowable for the materials.
G. When the above items have been checked, and corrections made, if any, the Inspector will
notify that the hydrostatic test can be made and the Contractor shall proceed to make the
test.
W.19.3 Hydrostatic Test:
Before being accepted, all ductile iron, and polyvinyl chloride pipe lines constructed under this
contract shall be tested with a hydraulic test pressure of 200 psi, maintained over a period of
three (3) hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of one-
hundred twenty percent (120%) of the design pressure. Please see W.18 for the testing program.
After the pipe has been laid and backfilled but prior to replacement of pavement each valved
section of newly laid pipe shall be subjected to a hydrostatic pressure test. For any section being
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W-34 August 2012 Rev
tested the pressure applied shall be such that at the lowest point in the section the pressure shall
be a minimum 200 psi Adjustment as required shall be made for differential in elevation between
the low point of the section being tested and the centerline of the pressure test gauge.
Each valved section of pipe shall be slowly filled with water, and the specified test pressure,
measured to the point of lowest elevation shall be supplied by means of a pump connected to the
pipe in a satisfactory manner. The pump, pipe connection, and all necessary apparatus including
gauges and meters shall be furnished by the Contractor. The Owner will furnish water for filling
lines once through existing mains. All water discharge for filling the line will be monitored by use
of meters.The duration of each pressure test shall be three (3) hours.
Before applying the specified test pressure all air shall be expelled from the pipe. To accomplish
this taps shall be made, if necessary, at the points of highest elevation and afterwards tightly
plugged.
At intervals during the test the entire route of the pipe line shall be inspected to locate any leaks
or breaks. Any defective joints, cracked or defective pipe, fittings, or valves discovered in
consequence of this pressure test shall be removed and replaced with sound material in the
manner provided, and the test shall be repeated until satisfactory results are obtained.
No pipe installation will be accepted until the leakage is less than a rate equal to twenty-five (25)
gallons per inch of nominal diameter per mile of pipe over a twenty-four (24) hour period.
Factors for leakage are shown on the following table:
TABLE – LOSS BASED ON 24 HOUR TEST AND 25 GALLON LIMIT
Pipe Diameter
D (Inches) Loss Factor (Gallons)
6 0.00355(L)
8 0.00473(L)
12 0.00710(L)
16 0.00947(L)
18 0.01065(L)
20 0.01184(L)
24 0.01420(L)
30 0.01776(L)
36 0.02131(L)
48 0.02841(L)
Should any test of pipe in place disclose leakage greater than that specified, the Contractor shall
at his own expense locate and repair the defective joints until the leakage is within the specified
allowance.
Leakage is defined as the quantity of water supplied into the newly laid pipe, or any valved
section of it, necessary to maintain the specified leakage test pressure after the pipe has been
filled with water and the air expelled.
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W.19.4 Compaction Test:
Frequency of tests shall not be less than one (1) for any pipe section and every three hundred
linear feet (300’) linear feet of main pipe per two feet (2’) of lift until final grade, starting at two
feet (2’) above the top of pipe. Water services are to be tested at a rate of one (1) for every six
(6) services which cross the proposed right of way or every three hundred linear feet (300’) of
water service installed. Every other fire hydrant lead that cross the existing or proposed street,
alley, or firelane subgrade shall also receive at least one set of density tests. All ditches shall be
mechanically tamped and compacted to ninety-five percent (95%) Standard Proctor Density at
zero percent (0%) to four percent (4%) above optimum moisture. Water jetting is not
permitted.
If there is any doubt in the opinion of the Engineer that the compaction requirements as
stipulated have not been met, then the Engineer may order such Density Test made by a soils
engineering firm at the expense of the Owner. If these tests prove that the backfill is not of
sufficient compaction, then the Contractor will be required to remove the backfill and replace the
backfill properly compacted to obtain the value required or re-compact to secure the compaction
required. If a retest indicates that compaction is not satisfactory, the retest will be at the
Contractor's expense.
W.20 MEASUREMENT AND PAYMENT:
The bid items include the work of every nature required for the completion of the job in every
respect except as may be otherwise provided for in these specifications. The Contractor shall
include the furnishing of all materials and labor, including any incidental labor, in his bid prices.
Trenching and Backfill:
A. Trench excavation for water mains will not be paid for directly but will be included in the
price bid per linear foot for the various sizes of water pipe.
B. Unclassified excavation is not a pay item and will not be paid for directly but shall be
included in such other items as are provided.
C. Payment for all special excavation, if applicable, will be in addition to the price bid for pipe
line in normal excavation and will be per linear foot of trench or special excavation.
D. Sheathing left in place will be paid for by the cubic yard in place, per M.C.B.M.
E. Backfilling will not be paid for directly but will be included in the unit price bid per linear foot
for the various sizes of pipe. Fifteen percent (15%) of the price bid for water mains
complete in place may be withheld for incomplete or unacceptable backfill.
F. Gravel cushion, granular backfill, concrete cushion, and concrete encasement shall be paid
for at the unit bid price per cubic yard in place in the fill, unless shown on the plans to be
included in other items of construction on the project.
G. Tunneling, boring, and/or jacking shall be paid for at the unit bid price per linear foot.
Where casing is required to be placed by tunneling, boring or jacking, the casing and
furnishing the casing complete in place and will be paid for at the unit bid price per linear
foot.
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W-36 August 2012 Rev
H. Casing of water pipe shall be paid for at the unit bid price linear foot in place if placed in
open cut. If in tunnel or by boring or jacking see above.
I. Concrete encasement measurement and payment will be made by the cubic yard in place.
J. The minimum width of asphalt pavement replacement will be as follows for the size pipe
shown as installed. All pavement replacement outside these limits will be at the Contractor's
expense.
MINIMUM WIDTH FOR ASPHALT
Pipe Diameter
D (Inches)
Pavement Replacement
(Inches)
2 30
4 36
6 36
8 42
10 44
12 46
16 and above Pipe O.D. + 30
Pipe: Pipe will be measured from center of fitting to center of fitting or end of pipe without any
deduction for the length of intermediate fittings or valves. Payment will be made at the price bid
per foot for furnishing and installing pipe, which bid price will include all costs for the complete
pipe installation, including trenching and backfill, and shall include all work not otherwise
provided for in these specifications.
Fittings: Payment for cast iron or ductile iron fittings will be at the unit price per ton bid for such
work. This shall include the furnishing and installation of the fitting. This unit price shall also
include the cost of concrete backing or blocking or restrained joints. Weight shall be determined
from the manufacturer's catalogs. No separate payment will be made for galvanized pipe fittings.
If mechanical joint fittings are used, payment will be based on weights of mechanical joint fittings
and joint accessories.
Restrained Joints: No separate payment will be made for restrained joints or fittings, valves, etc.
including required joints on straight pipe.
Concrete Backing: No separate payment will be made for concrete backing or blocking of fittings,
valves, etc. The Contractor shall include such costs in the price bid for setting fittings, valves,
etc.
Polyethylene Encasement: The cost of the polyethylene tube wrap and complete installation shall
be included in the unit price bid for the furnishing and the installation of ductile iron pipe, related
fittings, and valves.
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W-37 August 2012 Rev
Connections to Existing Mains: Payment for valves, fittings, pipe, etc., will be made at the unit
price bid for the various items. No additional payment will be made for "DRY" connections, but a
lump sum will be paid for each "WET" connection made as specified in these specifications.
Valves and Tapping Sleeves & Valve: Shall be paid for at the unit price bid for each. Price shall
include the cost of the valve or tapping sleeve & valve, as well as the valve box and labor
complete in place.
Fire Hydrants: Payment for the furnishing and installing of fire hydrants will be made at the unit
price bid, complete in place.
Water Service: Water services will be paid for as a lump sum bid for each water service
connection. The lump sum will include tapping the main, furnishing and installing the corporation
stop, curb stop, meter box, and the copper service line necessary to meet the specifications. The
lump sum bid shall also include all necessary labor and the marking of curb when a curb exists.
Sterilizing: No separate payment will be made for sterilizing the main. The cost of such work
shall be included in the price bid for pipe in place.
Hydrostatic and Compaction Tests: No separate payment will be made for the tests. The cost of
the tests shall be included in the bid price for pipe in place.
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SW3P-1
SECTION SW3P
STORM WATER POLLUTION PREVENTION PLAN
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SW3P-2
SECTION SW3P
STORM WATER POLLUTION PREVENTION PLAN
1. The Contractor will be required to provide a separate Storm Water Pollution Prevention
Plan. The Erosion Control Plans included in the construction plans will not be
considered a Storm Water Pollution Prevention Plan.
2. The Contractor will be required to submit a Storm Water Pollution Prevention Plan
(SW3P) to the Town of Prosper for this project before the Notice to Proceed will be
granted. The SW3P shall comply with the regulations established by the Texas
Commission on Environmental Quality (TCEQ).
3. The Contractor will be required to submit all appropriate forms, including the NOI and
NOT, as well as being responsible for producing and submitting all inspection reports
throughout the duration of the project to the TCEQ and the Town of Prosper. The
Contractor will be responsible for submitting the NOI and NOT on behalf of the Town of
Prosper, including all fees associated with these forms. The Contractor shall submit two
(2) copies of all NOIs and proof of payment of NOIs to the Town of Prosper before the
Notice to Proceed will be granted.
Payment:
Payment for this work shall be considered subsidiary to the pay items.
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Special Instructions 1
PROSPER ROAD IMPROVEMENT PROJECT 2016
SIXTH STREET, PARVIN STREET AND THIRD STREET
BID NO. BID NUMBER 2017-23-B
SPECIAL INSTRUCTIONS
1.00 GENERAL
1.01 WORK INCLUDED
Furnish labor, materials, equipment, testing and incidentals necessary to perform
operations in connection with the reconstruction of 6” reinforced concrete paving.
Roadways will remain open to one way traffic during construction.
ANTICPATED PROCEEDURE
A. Prior to the start of construction the Contactor shall submit a traffic control
plan for approval by the Town. Sixth Street will be eastbound, Parvin
Street will be northbound and Third Street will be eastbound only.
B. Remove existing pavement in two phases and maintain traffic per
approved Traffic Control Plan.
C. Grade and compact and install sub grade treatment roadway to near
preexisting profile and configuration less thickness of pavement. Paving
may require additional excavation or fill for proper transition to existing
driveways and street connections. Street excavation is lump sum.
D. Cement slurry will be required.
E. Driveway pavement will be determined by inspector. For estimating use
schedule provided.
F. Pull shoulders with top soil (no rocks or asphalt).
G. All concrete work shall conform to TxDOT Standards, Town of Prosper or
as shown in details.
H. Cores to be at 300 lf, right center and left configuration.
I. Contractor will arrange access with residents and provide access to
residents at all times.
J. Final erosion control will include three feet of sod longitudinally with the
roadway. Where the water line installation is five feet of sod will be paid
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Special Instructions 2
for. Sod to match existing property. Any sod required above plan quantity
will be placed at the contractor’s expense.
K. Contractor will repair all irrigation as subsidiary to Item I 6” Reinforced
Concrete Pavement.
L. Quantities are for bidding only, in place quantities will be paid.
M. The Town has provided a schedule for driveway culverts, all culverts will
receive headwalls as marked on drawings.
N. Minor ditch work will be required for proper drainage and will be subsidiary
to drainage items.
O. During construction it will be the contractor’s responsibility to move trash
and recycle bins for pick up each week for residents that are unable.
P. Town will supply temporary mail boxes to be moved by the contractor.
Q. Ties to existing streets by hot mix asphalt shall be subsidiary to Item for
Type B Asphalt which includes tack.
R. Reinforced street transition required at intersections.
S. If not called out in the plans any and all additional fittings shall be
subsidiary to Item 7 - 8” PVC Water Line.
T. Mega lugs require on all fittings.
U. Water line shall be minimum five feet deep.
V. Water services include meter box, curb stop, poly line and saddle.
W. No work will be done within TxDOT Right-of-Way.
1.02 TRAFFIC CONTROL SIGNAGE
The contractor shall install and maintain all required signage and shall comply
with Texas Department of Transportation (TXDOT) Standards. The Contractor
shall supply the Town with a Traffic Control plan prior to work. As the project
progresses expect to add or move traffic control devices as required by the
inspector.
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Special Instructions 3
1.03 RESIDENTS MEETING
There could be as many as two evening meeting to discuss this work with the
residents. The Contractors Superintendent will be required to be present at this
meeting to discuss process and what to expect.
1.04 ACCESS TO THE PROJECT
The contractor will be expected to help the residents with trash pick up. When
access is not availably the contractor will notify the residents prior to restricting
access. Access will be maintained to all areas. During in raining weather the
contractor shall provide manpower, materials, and equipment to maintain
driveways and intersections.
END OF SECTION
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Headwall
Size Leanth EA Back Front Leanth Sf
Coleman 6th 18 34 2
105 20 2 15 22 3 56
107 18 2 15 15 7 105
‐
111 109 18 30 30 2 60
113 115 31 31 1 31
117 19 19 1 19
201 19 19 2 38
203 24 24 1 24
205 25 25 2 50
207 15 19 19 2 38
301 15 20 20 4 70
303 12 27 27 2 54
305 12 16 26 10 200
307 12 28 28 4 112
‐
100 16 22 25 4 94
102 20 2 22 25 4 94
104 20 2 15 15 4 60
106 110 30 30 5 150
112 18 16 13 5 73
114 116 16 29 29 4 116
‐
118 20 20 4 80
202 19 19 4 76
204 14 14 6 84
206 23 23 3 69
208 22 22 4 88
302 21 21 5 105
304 12 2 12 19 3 47
306 12 17 2 18 20 17 323
308 12 2 19 22 4 82
Sixth Street
Culvert Driveway
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Headwall
Size Leanth EA Back Front Length Sf
15 40 4 ‐
8th 407 12 2 25 25 7 175
408 18 19 2 17 20 4 74
405 no 20 20 4 80
406 12 2 20 20 4 80
7th 501 no 22 24 4 92
7th 407 no 21 25 4 92
307 15 2 17 23 4 80
308 ‐
304 15 2 23 28 4 102
205 no 26 26 4 104
203 no 17 17 13 221
202 no 18 18 13 234
5th ‐
201 no 17 17 5 85
108 no 31 31 4 124
106 12 19 2 16 18 10 170
104 12 21 2 15 22 10 185
102 ‐
Parvin &8th
Culvert Driveway
North Parvin
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Headwall
Church Size Leanth EA Back Front Length Sf
205 ‐
501 1 30 30 4 120
501 2 13 13 4 52
505 18 18 4 72
507 12 2 14 16 4 60
509 ‐
601 18 18 4 72
604
605 21 23 4 88
608 12 24 26 4 100
205 church 75 75 3 225
18 80 2
Field St N15 35 2 ‐
Field St S15 35 2
Culvert Driveway
East Third Street
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