10.24.17 Town Council Regular Meeting PacketPage 1 of 4
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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.
• Presentation of a Proclamation to members of the Prosper Police Department
declaring October 23-31, 2017, as Red Ribbon Week, in support of community efforts
to raise awareness and prevent substance abuse. (DK)
• Presentation of the National Procurement Institute’s Achievement of Excellence in
Procurement Award to members of the Town of Prosper Finance Department. (KN)
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 – October 10, 2017
5b. Consider and act upon cancelling the December 26, 2017, Regular Town Council
meeting. (RB)
5c. Consider and act upon a resolution accepting and approving the 2017 Tax Roll.
(KN)
5d. Consider and act upon approving the purchase of three trucks for the Public Works
Division, one truck for the Code Compliance Division, and one truck for the Parks
Operations Division, from Caldwell Country Chevrolet, through the Texas Local
Government Purchasing Cooperative; and one cab and chassis with a flatbed for
the Public Works Division, from Chastang Ford, through the Houston-Galveston
Area Council (HGAC) Cooperative Purchasing Program. (JC)
5e. Consider and act upon approving the purchase of three police pursuit rated sport
utility vehicles for the Police Department, and one special service rated sport utility
vehicle for the Fire Department, from Holiday Chevrolet, through a Tarrant County
contract. (JC)
5f. Consider and act upon approving the purchase of one Vac-Truck for the Public
Works Division, from Freightliner of Austin, through the Texas Local Government
Purchasing Cooperative; and authorizing the Town Manager to execute the
manufacturer’s proposal for the same. (FJ)
AGENDA
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, October 24, 2017
6:00 p.m.
Page 2 of 4
5g. Consider and act upon approving the purchase of one dump truck for the Public
Works Division, from Rush Truck Centers of Texas, L.P., through the Houston-
Galveston Area Council (HGAC) Cooperative Purchasing Program. (FJ)
5h. Consider and act upon approving the purchase of the ProQA software program,
for Police Dispatch, from Priority Dispatch Corp., a sole source provider. (DK)
5i. Consider and act upon an ordinance rezoning 47.9± acres from Agriculture (A) to
Planned Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-
sport stadium and a natatorium, located on the south side of Frontier Parkway,
460+ feet west of the Burlington Northern-Santa Fe Railroad (BNSF) right-of-way.
(Z17-0008). (AG)
5j. Consider and act upon authorizing the Town Manager to execute an
Intergovernmental Joint Use Agreement between Prosper Independent School
District and the Town of Prosper, Texas, related to shared parking on the Frontier
Park and the PISD Stadium/Natatorium properties. (DR)
5k. 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.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon an ordinance for a Special Purpose
Sign District for Stone Creek Office Park, located on the west side of Preston Road, 400±
feet north of Broadway Street. (MD17-0006). (AG)
DEPARTMENT ITEMS:
8. Consider and act upon awarding Bid No. 2018-04-B to Reytech Services, LLC., related to
construction services for the Prosper Road Improvement Project 2018 (Windsong Ranch
Phase 1 & 2 Acacia Parkway and Miscellaneous Roads) project; and authorizing the Town
Manager to execute a construction agreement for same. (SG)
Page 3 of 4
9. Consider and act upon awarding Bid No. 2018-11-B to Roadway Solutions, Inc., related
to construction services for the Traffic Signal-Coit Road & Prosper Trail project; and
authorizing the Town Ma nager to execute a construction agreement for same. (SG)
10. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the
Town of Prosper, Texas, related to the design of the Old Town Streets 2015 (Fifth,
McKinley) project. (SG)
11. Consider and act upon approving Change Order Number 03, to Dean Electric dba Dean
Construction related to construction services for Frontier Park North Field Improvements;
and authorize the Town Manager to execute Change Order Number 03 for same. (DR)
12. 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:
12a. Section 551.087 – To discuss and consider economic development incentives.
12b. 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.
13. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Amendments to Tree Mitigation Requirements (DR)
• Gateway Monument Design Update (DR)
• Discussion on Amendments to the Food Establishment Ordinance (JW)
15. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to
the general public at all times, and said Notice was posted by 5:00 p.m., on October 20, 2017, and remained
so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed
Page 4 of 4
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
Page 1 of 7
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Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order 6:00 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Kenneth Dugger
Councilmember Meigs Miller
Councilmember Jeff Hodges
Council Members Absent:
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Michael Korbuly
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/Public Information Officer
Terry 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
Frank Jaromin, Public Works Director
Michael Bulla, CIP Project Manager
Dan Heischman, Senior Engineer
Kelly Neal, Finance Director
2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Ben Lacey of Prestonwood Baptist Church led the invocation. The Pledge of Allegiance
and the Pledge to the Texas Flag were recited.
3.Announcements of recent and upcoming events.
Residents are invited to join the fun at Prosper’s Homecoming Parade, to be held
tomorrow, October 11, starting at 5:30 p.m. Come see a variety of floats representing
Prosper’s community and school groups at one of the Town’s biggest fall events.
Early voting for the November 7 election begins on Monday, October 23. Collin County
voters may vote in Prosper Municipal Chambers during Early Voting, and at the PISD
Administration Building on Election Day. Denton County voters may vote at any Denton
County polling location during Early Voting, and at Fire Station No. 2 on Election Day.
More information is available on the Collin County or Denton County websites.
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, TX 75078
Tuesday, October 10, 2017
Item 5a
Page 2 of 7
The 6th Annual Cory Ausenbaugh Memorial 5k and 1 Mile Fun Run will be held on
Saturday, October 28, at Windsong Ranch. Proceeds will benefit the Cory Ausenbaugh
Memorial Scholarship Foundation for a deserving Prosper High School Senior who is
pursuing a degree in education, and children of fallen firefighters, police officers, and
teachers. Contact Fire Chief Stuart Blasingame for more information.
4. Presentations.
• Presentation of Certificates of Appreciation to former members of the Town’s
Boards and Commissions. (RB)
Mayor Smith presented a Certificate of Appreciation to Barbara Cottone, former
member of the Parks and Recreation Board.
• Presentation to members of the Prosper Police Department for receiving the
Recognized Law Enforcement Agency designation by the Texas Police Chiefs
Association (TPCA). (DK)
McKinney Police Chief Greg Conley spoke on behalf of the Texas Police Chiefs
Association (TPCA). He presented a Certificate of Recognition to Police Chief Doug
Kowalski and Assistant Police Chief Gary McHone in recognition of the Prosper Police
Department receiving the Recognized Law Enforcement Designation from TPCA.
• Library Services Department update, and presentation of the TML Municipal
Excellence Award for the Town of Prosper Book Trail. (LS)
Library Director Leslie Scott presented an annual update on the Library Services
Department. She then presented the Town Council with a TML Municipal Excellence
Award, which was awarded at the annual TML Conference in Houston the previous
week. The Library won the award in the Public Works category this year for the
Prosper Book Trail, which was a joint effort between the Library Services Department,
the Public Works Department, the Parks and Recreation Department, and the Texas
A&M AgriLife Extension service.
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 – September 26, 2017
5b. Receive the August Financial Report. (KN)
5c. Consider and act upon appointing a Special Purpose District Committee.
(KN)
Item 5a
Page 3 of 7
5d. Consider and act upon Resolution No. 17-75 amending Resolution No. 17-69
regarding the application to the Texas Parks & Wildlife Department Outdoor
Recreation Grant for the development of the Whitley Place Trail Extension
Project. (DR)
5e. Consider and act upon authorizing the Town Manager to execute an
Interlocal Agreement for Geographic Information System (GIS) services
between the Town of Prosper and the City of Frisco. (AG)
5f. Consider and act upon Ordinance No. 17-76 adopting Section 6 “Drainage
System Design Requirements” of the Engineering Design Standards
Ordinance; and repealing existing Sections 3.13.061 through 3.13.075
“Drainage and Flood Control” of the Town’s Code of Ordinances. (DH)
5g. Consider and act upon authorizing the Town Manager to execute an
Agreement to Contribute Right of Way Funds between the Texas Department
of Transportation and the Town of Prosper, Texas, related to the
construction of FM 2478 (Custer Road) from US 380 to FM 1461. (HW)
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)
Councilmember Dugger made a motion and Councilmember Miller seconded the
motion to approve all items on the Consent Agenda. The motion was approved by
a vote of 5-0.
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.
Jack Dixon, 810 Long Valley Court, Prosper, spoke on behalf of the Lakes of Prosper
Homeowners Association. He thanked the Town staff for their recent efforts to resolve a
drainage problem in the neighborhood.
Molly Jones, 2601 Lakeview Court, Prosper, spoke on behalf of the Prosper Historical
Society (PHS). She informed the Town Council about upcoming events sponsored by the
PHS, including the Prosper Chamber of Commerce networking breakfast on October 24,
and the annual Veterans Day event on November 9. The PHS will sell Christmas
ornaments at the Prosper Christmas Festival, and will host a membership drive after the
first of the year.
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
Item 5a
Page 4 of 7
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.
PUBLIC HEARINGS:
7. Conduct a Public Hearing, and consider and act upon a request to rezone 2.5+ acres
from Downtown Retail (DTR) to Planned Development-Downtown Retail (PD-DTR)
to facilitate the development of a food truck park and outdoor entertainment venue
(Silo Park), located on the northeast corner of W. Broadway Street and McKinley
Street. (Z17-0009). (AG)
Planning Manager Alex Glushko presented this item before the Town Council. The
proposed PD would allow for the development of a food truck park and outdoor
entertainment venue. The site would include an area for up to six food trucks, a stage for
live entertainment, a children’s play area, and a Beverage Center structure to
accommodate a bar, office space, and restrooms. The Town’s Zoning Ordinance does
not currently address a food truck park as a permitted use; therefore, a PD has been
requested to allow for the use, and to address certain development standards associated
with the project.
The applicant has requested to deviate from certain requirements of the Zoning Ordinance
pertaining to architectural, landscaping, and paving. After three years, the property owner
would be required to apply for a Specific use Permit to continue the use, which will give
the Planning and Zoning Commission and the Town Council the opportunity to consider
continuation of the use as well as additional improvements to the development.
Mayor Smith opened the Public Hearing.
Clay Christie of Claymore Engineering spoke on behalf of the applicant, noting that the
project is intended to be a family-friendly venue.
Doug Walker, the owner/operator of the project, spoke regarding safety issues, noting that
the entire area would be fenced to ensure the safety of children, and also to comply with
the requirements of the Texas Alcoholic Beverage Commission (TABC).
With no one else speaking, Mayor Smith closed the Public Hearing.
The Town Council expressed concern about the development of future retail in the area,
and the maximum occupancy for the property. Mr. Walker answered questions related to
access to the property, and Mr. Glushko stated that the Town’s Fire Marshal confirmed
the Fire Code would allow a maximum of 2,500 people on the property. The property
would be subject to the Town’s ordinances regarding noise complaints, though no special
permit would be required for the property to provide live music on site. Mr. Walker
confirmed that as the owner/operator, he would be responsible for obtaining an alcohol
permit from the TABC. The combined total of food sales from the food trucks on site would
be used to calculate the food sales requirement for the TABC. The Town Council
expressed a preference for the applicant to upgrade the fencing materials in the proposed
PD.
The Town Council discussed whether the applicant should be required to meet all
applicable architectural, landscaping, and paving requirements after the initial three-year
Item 5a
Page 5 of 7
period. After discussion, the Town Attorney suggested the Council include language in
the motion that would allow the ability to require additional standards in the future.
Councilmember Dugger made a motion and Councilmember Hodges seconded the motion
to approve the request to rezone 2.5+ acres from Downtown Retail (DTR) to Planned
Development-Downtown Retail (PD-DTR) to facilitate the development of a food truck park
and outdoor entertainment venue (Silo Park), located on the northeast corner of W.
Broadway Street and McKinley Street. Exhibit C shall be amended to add a new Section
c., to read as follows:
c. No later than six (6) months prior to the third anniversary of the Town’s approval of
this ordinance, the owner/operator of the food truck park and outdoor entertainment
venue shall present to the Town a Specific Use Permit in full compliance with all Town
zoning and subdivision regulations, including but not limited to building construction
materials, landscaping, parking, fencing and related site development
requirements. Additionally, at the time the Town Council considers approval of this
ordinance, the applicant shall submit a revised fencing plan for Town Council approval.
The motion was approved by a vote of 5-0.
DEPARTMENT ITEMS:
8. Consider and act upon authorizing the Town Manager to execute a Roadway Impact
Fees Reimbursement Agreement between Longo Toyota of Prosper and the Town
of Prosper, Texas, related to the construction of Mahard Parkway to serve Longo
Toyota. (HW)
Hulon Webb, Executive Director of Development and Community Services, presented this
item before the Town Council. Longo Toyota is developing a car dealership on US 380
just west of Mahard Parkway and has constructed the portion of Mahard Parkway adjacent
to their property. Since the roadway is depicted on the Town of Prosper Thoroughfare
Plan, the actual costs for the design and construction of the improvements are eligible for
credit of roadway impact fees to be collected from the development. In addition, since
Mahard Parkway is included in the limits of TIRZ No. 2, the difference between the actual
costs for the design and construction of the improvements and the roadway impact fees
to be collected from the development, will be reimbursed in accordance with the terms of
the Development and Financing Agreement between the Town of Prosper and MSW
Prosper 380 LP. The total costs associated with this project will reduce the Maximum
Construction Payment outlined in the Development and Financing Agreement.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the
motion to authorize the Town Manager to execute a Roadway Impact Fees
Reimbursement Agreement between Longo Toyota of Prosper and the Town of Prosper,
Texas, related to the construction of Mahard Parkway to serve Longo Toyota. The motion
was approved by a vote of 5-0.
9. Consider and act upon an ordinance amending Division 2, “No-Parking Zones,” of
Article 12.05, “Parking, Stopping and Standing,” of Chapter 12, “Traffic and
Vehicles,” of the Town’s Code of Ordinances by adding a new Section 12.05.034,
“South Craig Road,” to prohibit parking on a portion of South Craig Road south of
Judy Rucker Elementary School. (SG)
Item 5a
Page 6 of 7
Steve Glass, Deputy Director of Engineering, presented this item before the Town Council.
Due to the potential for hazardous parking conditions along Craig Road between Rucker
Elementary and Preston Road, Town staff initially recommended a no parking zone in the
area; however, discussions with Prosper ISD are ongoing. Town staff requested the item
be tabled until the Town and PISD agree on a solution.
Mayor Pro-Tem Vogelsang made a motion and Councilmember Miller seconded the
motion to table Item 9. The motion was approved by vote of 5-0.
10. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
10a. Section 551.087 – To discuss and consider economic development
incentives.
10b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
10c. Section 551.074 – To discuss and consider personnel matters and all matters
incident and related thereto.
10d. 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 7:55 p.m.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 8:30 p.m.
Councilmember Miller made a motion and Councilmember Dugger seconded the motion
to appoint Sara Peterson to the Planning and Zoning Commission, Place 2, to fill the
vacancy created by the resignation of John Hema. The motion was approved by a vote
of 5-0.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
• Discussion on Field Rental Fees (DR)
Parks and Recreation Director Dudley Raymond updated the Council on field rental
fees for residents. Sports leagues are given first priority, then remaining space is
made available to Prosper residents for rental. The Town Council confirmed that
synthetic field space should be limited to Prosper sports leagues and residents,
however, non-residents will be allowed to reserve grass field space. A proposed
ordinance will be brought before Council for consideration at a future meeting.
Item 5a
Page 7 of 7
• Discussion on 2015 Property Maintenance Code (JW)
Development Services Director John Webb notified the Council that Town staff is
currently working on an update to the Town’s Property Maintenance Code, as well as
standards for multifamily developments. A discussion item will be brought forward for
Council consideration at a future meeting.
• Update on Downtown Enhancements Project - Broadway (MB)
Town staff is considering holding a Public Meeting on October 19 to get feedback on
the Downtown Enhancements project.
• Discuss November and December Council meeting schedule. (RB)
Town staff was directed to cancel the December 26, 2017, Regular Town Council
meeting, due to the Christmas holiday. Town staff was encouraged to schedule
agenda items appropriately to avoid having excessively long agendas in January
2018.
13. Adjourn.
The meeting was adjourned at 8:48 p.m., on Tuesday, October 10, 2017.
These minutes approved on the 24th day of October, 2017.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 5a
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon canceling the December 26, 2017, Prosper Town Council meeting.
Description of Agenda Item:
The second Regular Town Council meeting in December falls on Tuesday, December 26, 2017.
Town offices will be closed due to the Christmas holiday; therefore, Town staff is proposing that
the December 26, 2017 Town Council meeting be canceled.
Proposed Motion:
I make a motion to cancel the December 26, 2017, Prosper Town Council meeting.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 5b
Page 1 of 1
To: Mayor and Town Council
From: Kelly Neal, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon a resolution accepting and approving the 2017 Tax Roll.
Description of Agenda Item:
The Texas Property Tax Code, Section 26.09 (e) requires the Town Council to approve the
Appraised Roll with tax amounts entered by the Assessor. The Collin County Tax Assessor
Collector provided the attached 2017 Tax Roll Summary with a total levy of $17,047,414.40.
Although the enclosed document is titled “Collin County,” this refers to the Tax Assessor Collector,
who performs tax collection for Prosper properties in both Collin and Denton Counties.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached resolution as to form
and legality. Council approval of this resolution is required by the Texas Property Tax Code,
Section 26.09 (e).
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the 2017 Tax
Roll as provided by the Assessor.
Recommended Motion:
I move to approve the resolution accepting and approving the 2017 Tax Roll.
Prosper is a place where everyone matters.
FINANCE
5c
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
ACCEPTING AND APPROVING THE 2017 TAX ROLL; RESOLVING OTHER MATTERS
RELATING TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.09(e) of the Texas Property Tax Code requires the Town Council to
approve the Tax Roll; and
WHEREAS, the Town received notification from the Collin County Tax Assessor Collector as to
the Tax Roll jurisdiction summary as of October 1, 2017, and
WHEREAS, a summary statement of said 2017 Tax Roll is attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All matters stated in the preamble of this Resolution are true and correct and are hereby
incorporated into the body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council of the Town of Prosper, Texas, does hereby accept and approve the 2017
Tax Roll as submitted by the Collin County Tax Assessor Collector.
SECTION 3
The attached Exhibit A constitutes the official Town of Prosper 2017 Tax Roll, containing a tax
levy of $17,047,414.40.
SECTION 4
This Resolution is effective on the date of passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ON THIS 24TH DAY OF OCTOBER, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
5c
5c
5c
Page 1 of 2
To: Mayor and Town Council
From: January Cook, CPPO, CPPB, Purchasing Agent
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving the purchase of three trucks for the Public Works Division, one
truck for Code Compliance, and one truck for the Park Operations Division, from Caldwell Country
Chevrolet, through the Texas Local Government Purchasing Cooperative; and one cab and
chassis with a flatbed for the Public Works Division, from Chastang Ford, through the Houston-
Galveston Area Council (HGAC) Cooperative Purchasing Program.
Description of Agenda Item:
The following items are on the list of approved replacements for the FY 2017-2018 Vehicle
Equipment Replacement Program:
• One 2018 Chevrolet 2500HD Silverado Extended Cab Pick-Up Truck (Replacing Parks
Operations Unit 6201)
• One 2018 Chevrolet 1500 Silverado Regular Cab Pick-Up Truck, Long Bed (Replacing
Public Works Unit 5207)
The following items were included in the approved FY 2017-2018 supplemental requests for
additional positions:
• One 2018 Chevrolet 1500 Silverado Regular Cab Pick-Up Truck, Short Bed (Health/Code
Supervisor)
• One 2018 Chevrolet 1500 Silverado Regular Cab Pick-Up Truck, Long Bed (Water Quality
Technician)
• One 2018 Chevrolet 1500 Silverado 4X4 Extended Cab Pick-Up Truck, Short Bed (Public
Works Facilities Maintenance Supervisor)
• One 2018 Ford F-350 Chassis Regular Cab with Flat Bed Truck (Wastewater Crew
Leader)
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation
in the cooperative purchasing program allows our local government to purchase goods and
Prosper is a place where everyone matters.
FINANCE
Item 5d
Page 2 of 2
services from the cooperative’s online purchasing system, BuyBoard, while satisfying all
competitive bidding requirements.
The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001,
which allows our local government to purchase certain goods or services through HGAC. The
agreement renews automatically each fiscal year, unless cancelled by either party.
Budget Impact:
The total purchase price for all vehicles is $153,518.00, and will be funded as follows.
Code Compliance Budget Purchase Price Balance
410-6160-60-02 $ 21,160.00 $ 20,635.00 $ 525.00
Parks Operations Budget Purchase Price Balance
410-6160-60-02 $ 28,700.00 $ 27,105.00 $ 1,595.00
Public Works Budget Purchase Price Balance
410-6160-50-02 $ 22,200.00 $ 20,710.00 $ 1,490.00
200-6160-50-02 $ 51,618.00 $ 45,805.00 $ 5,813.00
200-6160-50-03 $ 41,200.00 $ 39,263.00 $ 1,937.00
Grand Total $ 164,878.00 $ 153,518.00 $ 11,360.00
The remaining balances will be utilized to purchase and install any additional after-market
products that are necessary for operations.
Attached Documents:
1. Quote for One 2018 Chevrolet 2500HD Silverado Extended Cab Pick-Up Truck (Replacing
Parks Operations Unit 6201)
2. Quote for Two 2018 Chevrolet 1500 Silverado Regular Cab Pick-Up Truck, Long Bed
(Replacing Public Works Unit 5207 and for Water Quality Technician)
3. Quote for One 2018 Chevrolet 1500 Silverado Regular Cab Pick-Up Truck, Short Bed
(Health/Code Supervisor)
4. Quote for One 2018 Chevrolet 1500 Silverado 4X4 Extended Cab Pick-Up Truck, Short Bed
(Public Works Facilities Maintenance Supervisor)
5. Quote for One 2018 Ford F-350 Chassis Regular Cab with Flat Bed Truck (Wastewater Crew
Leader)
Town Staff Recommendation:
Town staff recommends approving the purchase of three trucks for the Public Works Division,
one truck for Code Compliance, and one truck for the Park Operations Division, from Caldwell
Country Chevrolet, through the Texas Local Government Purchasing Cooperative; and one cab
and chassis with a flatbed for the Public Works Division, from Chastang Ford, through the
Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program.
Proposed Motion:
I move to approve the purchase of purchase of three trucks for the Public Works Division, one
truck for Code Compliance, and one truck for the Park Operations Division, from Caldwell Country
Chevrolet, through the Texas Local Government Purchasing Cooperative; and one cab and
chassis with a flatbed for the Public Works Division, from Chastang Ford, through the Houston-
Galveston Area Council (HGAC) Cooperative Purchasing Program.
Item 5d
QUOTE# 004-DOUBLE LWB CONTRACT PRICING WORKSHEET
End User: TOWN OF PROSPER Contractor: CALDWELL COUNTRY
Contact Name: JANUARY COOK CALDWELL COUNTRY
Email: JANUARY_COOK@PROSPERTX.GOV Prepared By: Averyt Knapp
Phone #: 972-569-1018 Email:
aknapp@caldwellcountry.com
Fax #: 972-347-3579 Phone #: 800-299-7283 or 979-
567-6116
Location City & State: PROSPER, TX Fax #: 979-567-0853
Date Prepared: OCTOBER 6, 2017 Address: P. O. Box 27,
Caldwell, TX 77836
Contract Number: BUY BOARD #521-16 Tax ID # 14-1856872
Product Description: 2018 CHEVROLET 2500HD SILVERADO 4X2 DOUBLE CAB
LWB CC25953
A Base Price & Options: $27,105
B Fleet Quote Option
Code Description Cost Code Description Cost
4X2-DOUBLE CAB,
9,500#GVWR, 6.0L-V8,
6-SPD AUTOMATIC,
4.10 LOCKING REAR
AXLE DIFFERENTIAL,
AIR CONDITION, AMFM-
STEREO MYLINK
W/BLUETOOTH, 40-20-
40 VINYL BENCH, FULL
RUBBER FLOOR TILT,
CRUISE, POWER DOOR
LOCKS, POWER
WINDOWS, POWER
MIRRORS, KEYLESS
ENTRY, 8’ BED, REAR
STEP BUMPER, OEM HD
TRAILER TOW PACKAGE,
RKI C63 SINGLE LID
CROSSOVER TOOL BOX,
REAR VISION CAMERA,
SPRAY ON BEDLINER
INCL
GM WARRANTY
5YR/100,000 MILES
POWERTRAIN @ N/C
INCL CALDWELL COUNTRY
PO BOX 27
CALDWELL,TEXAS 77836
Subtotal B
INCL
C Unpublished Options
Code Description Cost Code Description Cost
Attachment 1
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc…)
Subtotal D
INCL
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) $27,105
Quantity Ordered
X
1
Subtotal E
$27,105
F Non-Equipment Charges (Trade-In, Warranty, Etc…)
BUY BOARD (INCL W/QUOTEE 001) INCL
G. Color of Vehicle: WHITE EXTERIOR
H. Total Purchase Price (E+F) $27,105
Estimated Delivery
Date:
90-120 DAYS APPX
Attachment 1
A
t
t
a
c
h
m
e
n
t
2
A
t
t
a
c
h
m
e
n
t
2
A
t
t
a
c
h
m
e
n
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3
A
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3
QUOTE# 003-DOUBLE SWB CONTRACT PRICING WORKSHEET
End User: TOWN OF PROSPER Contractor: CALDWELL COUNTRY
Contact Name: JANUARY COOK CALDWELL COUNTRY
Email: JANUARY_COOK@PROSPERTX.GOV Prepared By: Averyt Knapp
Phone #: 972-569-1018 Email:
aknapp@caldwellcountry.com
Fax #: 972-347-3579 Phone #: 800-299-7283 or 979-
567-6116
Location City & State: PROSPER, TX Fax #: 979-567-0853
Date Prepared: OCTOBER 12, 2017 Address: P. O. Box 27,
Caldwell, TX 77836
Contract Number: BUY BOARD #521-16 Tax ID # 14-1856872
Product Description: 2018 CHEVROLET 1500 SILVERADO 4X4 DOUBLE CAB SWB
CK15753
A Base Price & Options: $25,095
B Fleet Quote Option
Code Description Cost Code Description Cost
4X4-DOUBLE CAB,
4.3L-V6, 6-SPD
AUTOMATIC, AIR
CONDITION, AMFM-
STEREO MYLINK
W/BLUETOOTH, 40-20-
40 VINYL BENCH, FULL
RUBBER FLOOR TILT,
CRUISE, POWER DOOR
LOCKS, 6.5’ BED,
REAR STEP BUMPER,
REAR VISION CAMERA,
SPRAY ON BEDLINER,
OEM HD TRAILER TOW
PACKAGE, KEYLESS
ENTRY
INCL
GM WARRANTY
5YR/100,000 MILES
POWERTRAIN @ N/C
INCL CALDWELL COUNTRY
PO BOX 27
SKID PLATE $150
ADDITIONAL IF NEEDED
CALDWELL,TEXAS 77836
ELECTRONIC AUTOTRAC
TRANSFER CASE W/DASH
CONTROL $200
ADDITIONAL IF NEEDED
Subtotal B
INCL
C Unpublished Options
Code Description Cost Code Description Cost
Attachment 4
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc…)
Subtotal D
INCL
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) $25,095
Quantity Ordered
X
1
Subtotal E
$25,095
F Non-Equipment Charges (Trade-In, Warranty, Etc…)
BUY BOARD (INCL W/QUOTEE 001) INCL
G. Color of Vehicle: WHITE EXTERIOR
H. Total Purchase Price (E+F) $25,095
Estimated Delivery
Date:
60-90 DAYS APPX
Attachment 4
Contract
No.:AM10-16 Date
Prepared:10/14/2017
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone:Phone:
Fax:Fax:
Email:Email:
Product
Code:JC01 Description:
32,978
Cost Cost
5995
INCL
INCL
INCL
Subtotal B: 5995
Cost Cost
Subtotal C: 0
0%
1 38973 = Subtotal D: 38973
Subtotal E: 1000
Cost Cost
-710
Subtotal F: -710
39263G. Total Purchase Price (D+E+F): Delivery Date: 120-150 DAYS ARO
Subtotal From Additional Sheet(s):
Quantity Ordered:
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
Description Description
PREVIOUS CUSTOMER DISCOUNT
CONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Only
2018 FORD RESPONSE UNIT
A. Product Item Base Unit Price Per Contractor's H-GAC Contract:
713-678-5001
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
TOWN OF PROSPER
JANUARY COOK
972-569-10108
January_Cook@prospertx.gov
CHASTANG FORD
ED MILLER
713-678-5007
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(Note: Published Options are options which were submitted and priced in Contractor's bid.)
emiller@chastangford.com
E. H-GAC Order Processing Charge (Amount Per Current Policy)
D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C)
F. Trade-Ins / Other Allowances / Special Discounts / Freight / Installation
X Subtotal of A + B + C:
Description
99G - POWERSTROKE DIESEL UPGRADE
6 SPEED AUTOMATIC
Description
Subtotal From Additional Sheet(s):
SPARE TIRE / WHEEL
67D - TRAILER BRAKE CONTROLLER
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Attachment 5
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000 Fax: 713-678-5001
Customer Proposal
Prepared by:
Ed Miller
Office: 713-678-5007
Email: emiller@chastangford.com
Date: 10/12/2017
Vehicle: 2018 F-350 Chassis XL
4x2 SD Regular Cab 145" WB DRW
Quote ID: prosp18f3g
1
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Code Description MSRP
Base Vehicle
F3G Base Vehicle Price (F3G)$34,645.00
Packages
640A Order Code 640A N/C
Includes:
- 3.73 Axle Ratio
- GVWR: 14,000 lb Payload Package
- Tires: LT245/75Rx17E BSW PLUS A/S
- Wheels: 17" Argent Painted Steel
Hub covers/center ornaments not included.
- HD Vinyl 40/20/40 Split Bench Seat
Includes center armrest, cupholder, storage and driver's side manual lumbar.
- Radio: AM/FM Stereo
Includes 4-speakers.
Powertrain
99T Engine: 6.7L 4V OHV Power Stroke
V8 Turbo Diesel B20
$8,995.00
Includes Diesel Exhaust Fluid (DEF) tank, Intelligent Oil-Life Monitor and manual push-button
engine-exhaust braking.
Includes:
- Dual 78-AH 750 CCA Batteries
- 220 Amp Extra Heavy-Duty Alternator
44W Transmission: TorqShift 6-Speed
Automatic
N/C
(6R140). Includes SelectShift.
X37 3.73 Axle Ratio Included
STDGV GVWR: 14,000 lb Payload Package Included
Wheels & Tires
TD8 Tires: LT245/75Rx17E BSW PLUS
A/S
Included
64K Wheels: 17" Argent Painted Steel Included
Hub covers/center ornaments not included.
512 Spare Tire, Wheel & Jack $350.00
REQUIRED in Rhode Island.
Excludes carrier.
Includes:
- 4-Ton Hydraulic Jack
Seats & Seat Trim
A HD Vinyl 40/20/40 Split Bench Seat Included
Includes center armrest, cupholder, storage and driver's side manual lumbar.
Other Options
Selected Options
2
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Code Description MSRP
PAINT Monotone Paint Application STD
145WB 145" Wheelbase STD
61J 4-Ton Hydraulic Jack Included
REQUIRED in Rhode Island.
52B Trailer Brake Controller $270.00
Verified to be compatible with electronic actuated drum brakes only. Includes smart trailer tow
connector.
587 Radio: AM/FM Stereo Included
Includes 4-speakers.
Emissions
425 50-State Emissions System STD
Interior Colors
AS_04 Medium Earth Gray N/C
Primary Colors
Z1_01 Oxford White N/C
Upfit Options
Goose Insall a 9' Gooseneck Body $3,795.00
With Class 5 receiver hitch
fee HGAC Fee $1,000.00
SUBTOTAL $49,055.00
Destination Charge $1,295.00
TOTAL $50,350.00
Selected Options (cont'd)
3
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Pricing - Single Vehicle
MSRP
Vehicle Pricing $50,350.00
Pre-Tax Adjustments
Code Description
01 flt DISCOUNT AND CONCESSION -$11,087.00
Total $39,263.00
Customer Signature Acceptance Date
4
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Dimensions
*Exterior length: 230.7"*Cab to axle: 60.0"
*Exterior width: 80.0"*Exterior height: 78.1"
*Wheelbase: 145.0"*Front track: 68.3"
*Rear track: 71.1"*Turning radius: 25.0'
*Min ground clearance: 7.9"*Front legroom: 43.9"
*Front headroom: 40.8"*Front hiproom: 62.5"
*Front shoulder room: 66.7"*Passenger volume: 64.6cu.ft.
*Cargo volume: 11.6cu.ft.*Maximum cargo volume: 11.6cu.ft.
Powertrain
*Powerstroke 330hp 6.7L OHV 32 valve intercooled
turbo V-8 engine with diesel direct injection
*Recommended fuel : diesel
*federal *TorqShift 6 speed automatic transmission with
overdrive
*Rear-wheel drive *Fuel Economy Cty: N/A
*Fuel Economy Highway: N/A
Suspension/Handling
*Front Twin I-Beam independent suspension with anti-
roll bar, HD shocks
*Rear rigid axle leaf spring suspension with anti-roll
bar, HD shocks
*Firm ride Suspension *Hydraulic power-assist re-circulating ball Steering
*Front and rear 17 x 6.5 argent steel wheels *LT245/75SR17 EBSW AS front and rear tires
*Dual rear wheels
Body Exterior
*2 doors *Driver and passenger folding door mirrors
*Black door mirrors *Black bumpers
*Trailer harness *Clearcoat paint
*Front and rear 17 x 6.5 wheels
Convenience
*Manual air conditioning with air filter *Manual front windows
*Manual door locks *Manual tilt steering wheel
*Manual telescopic steering wheel *Day-night rearview mirror
*1 1st row LCD monitor *Front cupholders
*Passenger visor mirror
Seats and Trim
*Seating capacity of 3 *Front 40-20-40 split-bench seat
*4-way driver seat adjustment *Manual driver lumbar support
*4-way passenger seat adjustment *Centre front armrest with storage
Entertainment Features
*AM/FM stereo radio *4 speakers
*Fixed antenna
Lighting, Visibility and Instrumentation
*Halogen aero-composite headlights *Delay-off headlights
*Fully automatic headlights *Variable intermittent front windshield wipers
Selected Equipment & Specs
5
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
*Light tinted windows *Front reading lights
*Tachometer *Outside temperature display
*Low tire pressure warning *Trip computer
*Trip odometer
Safety and Security
*4-wheel ABS brakes *Brake assist
*4-wheel disc brakes *Driveline traction control
*Dual front impact airbag supplemental restraint
system with passenger cancel
*Dual seat mounted side impact airbag supplemental
restraint system
*Safety Canopy System curtain 1st row overhead
airbag supplemental restraint system
*Manual door locks
*Manually adjustable front head restraints
Dimensions
General Weights
Curb 6860 lbs.GVWR 14000 lbs.
Front GAWR 4700 lbs.Rear GAWR 10040 lbs.
Payload 7240 lbs.Front curb weight 3982 lbs.
Rear curb weight 2878 lbs.Front axle capacity 5250 lbs.
Rear axle capacity 10400 lbs.Front spring rating 4700 lbs.
Rear spring rating 10040 lbs.Front tire/wheel capacity 5820 lbs.
Rear tire/wheel capacity 11640 lbs.
Trailering Type
Harness Yes Brake controller Yes
Trailer sway control Yes
General Trailering
5th-wheel towing capacity 22500 lbs.Towing capacity 17500 lbs.
GCWR 30000 lbs.
Fuel Tank type
Capacity 40 gal.
Off Road
Min ground clearance 8 "
Interior cargo
Cargo volume 11.6 cu.ft.Maximum cargo volume 11.6 cu.ft.
Rear Frame
Height loaded 27 "Height unloaded 32 "
Powertrain
Engine Type
Brand Powerstroke Block material Iron
Cylinders V-8 Head material Aluminum
Ignition Compression Injection Diesel direct injection
Liters 6.7L Orientation Longitudinal
Recommended fuel Diesel Valves per cylinder 4
Valvetrain OHV Forced induction Intercooled turbo
Engine Spec
Selected Equipment & Specs (cont'd)
6
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Bore 3.90"Compression ratio 16.2:1
Displacement 406 cu.in.Stroke 4.25"
Engine Power
SAEJ1349 AUG2004 compliant Yes Output 330 HP @ 2,600 RPM
Torque 750 ft.-lb @ 2,000 RPM
Alternator
Type HD Amps 220
Battery
Amp hours 78 Cold cranking amps 750
Run down protection Yes Type Dual
Transmission
Electronic control Yes Lock-up Yes
Overdrive Yes Speed 6
Type Automatic
Transmission Gear Ratios
1st 3.974 2nd 2.318
3rd 1.516 4th 1.149
5th 0.858 6th 0.674
Reverse Gear ratios 3.128
Transmission Torque Converter
Stall ratio 1.90
Transmission Extras
Driver selectable mode Yes Sequential shift control SelectShift
Drive Type
Type Rear-wheel
Drive Feature
Traction control Driveline
Drive Axle
Ratio 3.73
Exhaust
Material Stainless steel System type Single
Emissions
CARB Federal EPA Tier 2 Bin 8
fuel Economy
Fuel type Diesel
Engine Retarder
Type Yes
Driveability
Brakes
ABS 4-wheel ABS channels 3
Type 4-wheel disc Vented discs Front and rear
Selected Equipment & Specs (cont'd)
7
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Brake Assistance
Brake assist Yes
Suspension Control
Ride Firm
Front Suspension
Independence Twin I-Beam independent Anti-roll bar Regular
Front Spring
Type Coil Grade Regular
Front Shocks
Type HD
Rear Suspension
Independence Rigid axle Type Leaf
Anti-roll bar Regular
Rear Spring
Type Leaf Grade HD
Rear Shocks
Type HD
Steering
Activation Hydraulic power-assist Type Re-circulating ball
Steering Specs
# of wheels 2
Exterior
Front Wheels
Diameter 17"Width 6.50"
Rear Wheels
Diameter 17"Width 6.50"
Dual Yes
Spare Wheels
Wheel material Steel
Front and Rear Wheels
Appearance Argent Material Steel
Front Tires
Aspect 75 Diameter 17"
Sidewalls BSW Speed S
Tread AS Type LT
Width 245mm LT load rating E
RPM 645
Rear Tires
Aspect 75 Diameter 17"
Sidewalls BSW Speed S
Selected Equipment & Specs (cont'd)
8
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Tread AS Type LT
Width 245mm LT load rating E
RPM 645
Spare Tire
Mount Frame mounted Type Full-size
Wheels
Front track 68.3"Rear track 71.1"
Turning radius 25.0'Wheelbase 145.0"
Body Features
Front license plate bracket Yes Body material Aluminum
Side impact beams Yes
Body Doors
Door count 2
Exterior Dimensions
Length 230.7"Body width 80.0"
Body height 78.1"Cab to axle 60.0"
Axle to end of frame 47.2"Frame section modulus 12.7cu.in.
Frame yield strength (psi)50000.0 Frame rail width 34.1"
Front bumper to Front axle 38.3"Cab to end of frame 107.2"
Front bumper to back of cab 123.7"
Safety
Airbags
Driver front-impact Yes Driver side-impact Seat mounted
Overhead Safety Canopy System curtain 1st
row
Passenger front-impact Cancellable
Passenger side-impact Seat mounted
Seatbelt
Height adjustable Front
Seating
Passenger Capacity
Capacity 3
Front Seats
Split 40-20-40 Type Split-bench
Driver Seat
Fore/aft Manual Reclining Manual
Way direction control 4 Lumbar support Manual
Passenger seat
Fore/aft Manual Reclining Manual
Way direction control 4
Front Head Restraint
Control Manual Type Adjustable
Selected Equipment & Specs (cont'd)
9
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Front Armrest
Centre Yes Storage Yes
Front Seat Trim
Material Vinyl Back material Vinyl
Convenience
AC And Heat Type
Air conditioning Manual Air filter Yes
Audio System
Radio AM/FM stereo Radio grade Regular
Seek-scan Yes
Audio Speakers
Speaker type Regular Speakers 4
Audio Antenna
Type Fixed
LCD Monitors
1st row 1 Primary monitor size (inches)2.3
Convenience Features
12V DC power outlet 2
Door Lock Activation
Type Manual
Instrumentation Type
Display Analog
Instrumentation Gauges
Tachometer Yes Engine temperature Yes
Turbo/supercharger boost Yes Transmission fluid temp Yes
Engine hour meter Yes
Instrumentation Warnings
Oil pressure Yes Engine temperature Yes
Battery Yes Lights on Yes
Key Yes Low fuel Yes
Door ajar Yes Service interval Yes
Brake fluid Yes Low tire pressure Yes
Instrumentation Displays
Clock In-radio display Exterior temp Yes
Systems monitor Yes
Instrumentation Feature
Trip computer Yes Trip odometer Yes
Steering Wheel Type
Material Urethane Tilting Manual
Telescoping Manual
Selected Equipment & Specs (cont'd)
10
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Front Side Windows
Window 1st row activation Manual
Window Features
Tinted Light
Front Windshield
Wiper Variable intermittent
Rear Windshield
Window Fixed
Interior
Passenger Visor
Mirror Yes
Rear View Mirror
Day-night Yes
Headliner
Coverage Full Material Cloth
Floor Trim
Coverage Full Covering Vinyl/rubber
Trim Feature
Gear shift knob Urethane Interior accents Chrome
Lighting
Dome light type Fade Front reading Yes
Variable IP lighting Yes
Storage
Front Beverage holder(s)Yes Glove box Locking
Illuminated Yes Instrument panel Bin
Dashboard Covered
Legroom
Front 43.9"
Headroom
Front 40.8"
Hip Room
Front 62.5"
Shoulder Room
Front 66.7"
Interior Volume
Passenger volume 64.6 cu.ft.
Selected Equipment & Specs (cont'd)
11
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Dimensions
*Exterior length: 230.7"*Cab to axle: 60.0"
*Exterior width: 80.0"*Exterior height: 78.1"
*Wheelbase: 145.0"*Front track: 68.3"
*Rear track: 71.1"*Turning radius: 25.0'
*Min ground clearance: 7.9"*Front legroom: 43.9"
*Front headroom: 40.8"*Front hiproom: 62.5"
*Front shoulder room: 66.7"*Passenger volume: 64.6cu.ft.
*Cargo volume: 11.6cu.ft.*Maximum cargo volume: 11.6cu.ft.
Powertrain
*385hp 6.2L SOHC 16 valve V-8 engine with variable
valve control, SMPI
*Recommended fuel : regular unleaded
*federal *TorqShift 6 speed automatic transmission with
overdrive
*Rear-wheel drive *Fuel Economy Cty: N/A
*Fuel Economy Highway: N/A
Suspension/Handling
*Front Twin I-Beam independent suspension with anti-
roll bar, HD shocks
*Rear rigid axle leaf spring suspension with anti-roll bar,
HD shocks
*Firm ride Suspension *Hydraulic power-assist re-circulating ball Steering
*Front and rear 17 x 6.5 argent steel wheels *LT245/75SR17 EBSW AS front and rear tires
*Dual rear wheels
Body Exterior
*2 doors *Driver and passenger folding door mirrors
*Black door mirrors *Black bumpers
*Trailer harness *Clearcoat paint
*Front and rear 17 x 6.5 wheels
Convenience
*Manual air conditioning with air filter *Manual front windows
*Manual door locks *Manual tilt steering wheel
*Manual telescopic steering wheel *Day-night rearview mirror
*1 1st row LCD monitor *Front cupholders
*Passenger visor mirror
Seats and Trim
*Seating capacity of 3 *Front 40-20-40 split-bench seat
*4-way driver seat adjustment *Manual driver lumbar support
*4-way passenger seat adjustment *Centre front armrest with storage
Entertainment Features
*AM/FM stereo radio *4 speakers
*Fixed antenna
Lighting, Visibility and Instrumentation
*Halogen aero-composite headlights *Delay-off headlights
*Fully automatic headlights *Variable intermittent front windshield wipers
Standard Equipment & Specs
12
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
*Light tinted windows *Front reading lights
*Tachometer *Oil pressure gauge
*Outside temperature display *Low tire pressure warning
*Trip computer *Trip odometer
Safety and Security
*4-wheel ABS brakes *Brake assist
*4-wheel disc brakes *Driveline traction control
*Dual front impact airbag supplemental restraint system
with passenger cancel
*Dual seat mounted side impact airbag supplemental
restraint system
*Safety Canopy System curtain 1st row overhead airbag
supplemental restraint system
*Manual door locks
*Manually adjustable front head restraints
Dimensions
General Weights
Curb 5977 lbs.GVWR 14000 lbs.
Front GAWR 4100 lbs.Rear GAWR 10040 lbs.
Payload 8020 lbs.Front curb weight 3325 lbs.
Rear curb weight 2652 lbs.Front axle capacity 5250 lbs.
Rear axle capacity 10400 lbs.Front spring rating 4100 lbs.
Rear spring rating 10040 lbs.Front tire/wheel capacity 5820 lbs.
Rear tire/wheel capacity 11640 lbs.
Trailering Type
Harness Yes Trailer sway control Yes
General Trailering
5th-wheel towing capacity 13300 lbs.Towing capacity 13400 lbs.
GCWR 20000 lbs.
Fuel Tank type
Capacity 40 gal.
Off Road
Min ground clearance 8 "
Interior cargo
Cargo volume 11.6 cu.ft.Maximum cargo volume 11.6 cu.ft.
Rear Frame
Height loaded 27 "Height unloaded 32 "
Powertrain
Engine Type
Block material Iron Cylinders V-8
Head material Aluminum Ignition Electronic
Injection Sequential MPI Liters 6.2L
Orientation Longitudinal Recommended fuel Regular unleaded
Valves per cylinder 2 Valvetrain SOHC
Variable valve control Yes
Engine Spec
Bore 4.02"Compression ratio 9.8:1
Standard Equipment & Specs (cont'd)
13
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Displacement 379 cu.in.Stroke 3.74"
Engine Power
SAEJ1349 AUG2004 compliant Yes Output 385 HP @ 5,750 RPM
Torque 430 ft.-lb @ 3,800 RPM
Alternator
Type HD Amps 200
Battery
Amp hours 72 Cold cranking amps 650
Run down protection Yes
Transmission
Electronic control Yes Lock-up Yes
Overdrive Yes Speed 6
Type Automatic
Transmission Gear Ratios
1st 3.974 2nd 2.318
3rd 1.516 4th 1.149
5th 0.858 6th 0.674
Reverse Gear ratios 3.128
Transmission Torque Converter
Stall ratio 1.90
Transmission Extras
Driver selectable mode Yes Sequential shift control SelectShift
Oil cooler Regular duty
Drive Type
Type Rear-wheel
Drive Feature
Traction control Driveline
Drive Axle
Ratio 3.73
Exhaust
Material Stainless steel System type Single
Emissions
CARB Federal EPA Tier 2 Bin 8
fuel Economy
Fuel type Gasoline
Fuel Economy (Alternate 1)
Fuel type E85
Driveability
Brakes
ABS 4-wheel ABS channels 3
Type 4-wheel disc Vented discs Front and rear
Standard Equipment & Specs (cont'd)
14
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Brake Assistance
Brake assist Yes
Suspension Control
Ride Firm
Front Suspension
Independence Twin I-Beam independent Anti-roll bar Regular
Front Spring
Type Coil Grade Regular
Front Shocks
Type HD
Rear Suspension
Independence Rigid axle Type Leaf
Anti-roll bar Regular
Rear Spring
Type Leaf Grade HD
Rear Shocks
Type HD
Steering
Activation Hydraulic power-assist Type Re-circulating ball
Steering Specs
# of wheels 2
Exterior
Front Wheels
Diameter 17"Width 6.50"
Rear Wheels
Diameter 17"Width 6.50"
Dual Yes
Front and Rear Wheels
Appearance Argent Material Steel
Front Tires
Aspect 75 Diameter 17"
Sidewalls BSW Speed S
Tread AS Type LT
Width 245mm LT load rating E
RPM 645
Rear Tires
Aspect 75 Diameter 17"
Sidewalls BSW Speed S
Tread AS Type LT
Width 245mm LT load rating E
RPM 645
Standard Equipment & Specs (cont'd)
15
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Wheels
Front track 68.3"Rear track 71.1"
Turning radius 25.0'Wheelbase 145.0"
Body Features
Front license plate bracket Yes Body material Aluminum
Side impact beams Yes
Body Doors
Door count 2
Exterior Dimensions
Length 230.7"Body width 80.0"
Body height 78.1"Cab to axle 60.0"
Axle to end of frame 47.2"Frame section modulus 12.7cu.in.
Frame yield strength (psi)50000.0 Frame rail width 34.1"
Front bumper to Front axle 38.3"Cab to end of frame 107.2"
Front bumper to back of cab 123.7"
Safety
Airbags
Driver front-impact Yes Driver side-impact Seat mounted
Overhead Safety Canopy System curtain 1st
row
Passenger front-impact Cancellable
Passenger side-impact Seat mounted
Seatbelt
Height adjustable Front
Seating
Passenger Capacity
Capacity 3
Front Seats
Split 40-20-40 Type Split-bench
Driver Seat
Fore/aft Manual Reclining Manual
Way direction control 4 Lumbar support Manual
Passenger seat
Fore/aft Manual Reclining Manual
Way direction control 4
Front Head Restraint
Control Manual Type Adjustable
Front Armrest
Centre Yes Storage Yes
Front Seat Trim
Material Vinyl Back material Vinyl
Convenience
Standard Equipment & Specs (cont'd)
16
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
AC And Heat Type
Air conditioning Manual Air filter Yes
Audio System
Radio AM/FM stereo Radio grade Regular
Seek-scan Yes
Audio Speakers
Speaker type Regular Speakers 4
Audio Antenna
Type Fixed
LCD Monitors
1st row 1 Primary monitor size (inches)2.3
Convenience Features
12V DC power outlet 2
Door Lock Activation
Type Manual
Instrumentation Type
Display Analog
Instrumentation Gauges
Tachometer Yes Oil pressure Yes
Engine temperature Yes Transmission fluid temp Yes
Engine hour meter Yes
Instrumentation Warnings
Oil pressure Yes Engine temperature Yes
Battery Yes Lights on Yes
Key Yes Low fuel Yes
Door ajar Yes Service interval Yes
Brake fluid Yes Low tire pressure Yes
Instrumentation Displays
Clock In-radio display Exterior temp Yes
Systems monitor Yes
Instrumentation Feature
Trip computer Yes Trip odometer Yes
Steering Wheel Type
Material Urethane Tilting Manual
Telescoping Manual
Front Side Windows
Window 1st row activation Manual
Window Features
Tinted Light
Front Windshield
Wiper Variable intermittent
Standard Equipment & Specs (cont'd)
17
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Rear Windshield
Window Fixed
Interior
Passenger Visor
Mirror Yes
Rear View Mirror
Day-night Yes
Headliner
Coverage Full Material Cloth
Floor Trim
Coverage Full Covering Vinyl/rubber
Trim Feature
Gear shift knob Urethane Interior accents Chrome
Lighting
Dome light type Fade Front reading Yes
Variable IP lighting Yes
Storage
Front Beverage holder(s)Yes Glove box Locking
Illuminated Yes Instrument panel Bin
Dashboard Covered
Legroom
Front 43.9"
Headroom
Front 40.8"
Hip Room
Front 62.5"
Shoulder Room
Front 66.7"
Interior Volume
Passenger volume 64.6 cu.ft.
Standard Equipment & Specs (cont'd)
18
Attachment 5
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See
salesperson for the most current information. | Prices and content availability as shown are subject to change and should be treated as estimates only.
Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not
reflected in the dealer's computer system. See salesperson for the most current information.
Prepared by: Ed Miller Date: 10/12/2017
Chastang Ford
6200 N. Loop East, Houston, Texas, 770261936
Office: 713-678-5000
2018 F-350 Chassis, SD Regular Cab
4x2 SD Regular Cab 145" WB DRW XL(F3G)
Price Level: 815 Quote ID: prosp18f3g
Warranty
Basic
Distance 36000 miles Months 36 months
Powertrain
Distance 60000 miles Months 60 months
Corrosion Perforation
Distance Unlimited miles Months 60 months
Roadside Assistance
Distance 60000 miles Months 60 months
Diesel Engine
Distance 100000 miles Months 60 months
Warranty - Selected Equipment & Specs
19
Attachment 5
Page 1 of 2
To: Mayor and Town Council
From: January Cook, CPPO, CPPB, Purchasing Agent
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving the purchase of three police pursuit rated sport utility vehicles
for the Police Department, and one special service rated sport utility vehicle for the Fire
Department, from Holiday Chevrolet, through a Tarrant County contract.
Description of Agenda Item:
The requested units are on the list of approved replacements for the FY 2017-2018 Vehicle
Equipment Replacement Program:
•Three 2018 Chevrolet Tahoe Public Safety Rated Sport Utility Vehicles (Replacing Police
Department Units 2108, 2109, and 2110)
•One 2018 Chevrolet Tahoe Special Service Rated Sport Utility Vehicle (Replacing Fire
Department Unit 3105)
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper and Tarrant County entered into an interlocal agreement effective February
2005, and it is in effect until terminated by either party.
Budget Impact:
The total purchase price for all vehicles is $201,798.22, and will be funded as follows:
Police Department Budget Purchase Price Balance
410-6160-20-01 $ 179,033.10 $ 142,670.58 $ 36,362.52
Fire Department Budget Purchase Price Balance
410-6160-30-01 $ 60,000.00 $ 59,127.64 $ 872.36
Grand Total $ 239,033.10 $ 201,798.22 $ 37,234.88
The remaining balances will be utilized to purchase and install after-market products that are
necessary for operations.
Prosper is a place where everyone matters.
FINANCE
Item 5e
Page 2 of 2
Attached Documents:
1.Quote for 2018 Chevrolet Tahoe Public Safety Rated Sport Utility Vehicle
2.Quote for 2018 Chevrolet Tahoe Special Service Rated Sport Utility Vehicle
Town Staff Recommendation:
Town staff recommends approving the purchase of three police pursuit rated sport utility vehicles
for the Police Department, and one special service rated sport utility vehicle for the Fire
Department, from Holiday Chevrolet, through a Tarrant County contract.
Proposed Motion:
I move to approve the purchase of three police pursuit rated sport utility vehicles for the Police
Department, and one special service rated sport utility vehicle for the Fire Department, from
Holiday Chevrolet, through a Tarrant County contract.
Item 5e
DEFENDER SUPPLY
845 West FM 407
Argyle, TX 76226
Date
Estimate
By
. �{-:_--•{. i . --·-· rl, --·; I r '· -• L.,
8/14/2017
George Severe
george@defendersupply.com
(903)564-5641
)1 l
Bill To Customer Contact Bryan Golden
Prosper TX Police Department Customer Phone
Sergeant Bryan Golden Customer E-mail IOI South Main
Prosper, Texas 75078 Estimate#
2018 Chevrolet Tahoe 2WD 9Cl
Vehicle Base Color -White
Description Location
Prosper TX PD -2018 Chevrolet Tahoe 2WD 9C1 -New Unit# 1 • Vehicle Only -Unit#
Estimate's
19005
19006
19007
WO#'s
2018 Chevrolet Tahoe 2WD 9C1 with EcoTec3 5.3-liter, Direct-Injection VB, 355 hp/383 Vehicle Description
pound-feet of torque, FlexFuel1 capability & Active Fuel Management, External Engine Oil
Cooler, 660-CCA Primary Battery with Standard 730-CCA Isolated Auxiliary Battery, 170-Amp
Alternator, Hydra-Matic 6L80 6-Speed Auto Overdrive Trans with Tow/Haul Mode, Rear Axle,
3.08 Ratio, Auxiliary Transmission Oil Cooler, Heavy Duty Locking Differential, Heavy-Duty
Police-Rated Suspension, StabiliTrak Stability Control System, Engine Skid Plate, High Out-Put
Alternator, High Capacity Air Cleaner, Power Windows / Door Locks, Power Heated Mirrors,
Dual Climate Control, Front & Rear Air Conditioning, 6--Way Power Driver & Passenger Seats,
4.2" Diagonal Display with AM/FM stereo, CD player & SD Card Slot. OnStar with Bluetooth
Connectivity, Rear-Vision Camera System, Tilt Steering, Cruise Control, Cloth Front & Vinyl
Rear Seats, Heavy-Duty Vinyl Flooring, 140-mph Certified Speedometer & Driver Information
Center, Compass, Outside Temperature, Projector-Beam Headlamps, Engine Hour Meter,
Tilt-Adjustable Steering Column, Electric Power Steering, Intermittent Wet-Arm Wiper/Washers,
Rear Wiper / Washer, Rear-Passenger Conversation Mirror, Remote Keyless Key FOB Entry,
Rear Par1< Assist with Audible Warning, Heavy-Duty 4-wheel disc Antilock Brake System with
Power Assist, V-Rated All Season Police Pursuit P265/60R17 Tires, 17" Steel Wheels with
Bolt-on Center Caps, Full Size Matching Spare Tire with Inactive Tire Pressure Monitor.
Purchased Through Holiday Chevrolet Using Tarrant County Cooperative Contract# 2016-006.
Vin#
Customer PO #
Title as follows:
Town of Prosper
PO Box 307
Prosper, TX 75078
Physical address (if needed) is:
Town of Prosper
121 W. Broadway
Prosper, TX 75078
Qty.
I Vehicle and Emergency Equipment Total
972-569-1031 Sgt. ...
bryan_go Iden @pro ...
19005
Cost Total
32,454.02 32,454.02
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this foITTI,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
Quantity Ordered I ,____________ __.
Total Vehicle Order Cost $32,912.00 I
Page 1
SIGNATURE
Date 4/3/2017
Estimate #17709
Bill To
Prosper Fire Department
Chief Stuart Blasingame
1500 E. First Street
Prosper, TX 75078
Quantity Ordered 1
Total Vehicle Order Cost $36,748.79
2018 Chevrolet Tahoe SSV
Vehicle Base Color - Red
SIGNATURE
Vehicle and Emergency Equipment Total
Customer Contact Stuart Blasingame
Customer Phone 972-347-2424
Customer E-mail stuart.blasingame@...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this form,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
845 West FM 407
Argyle, TX 76226
Description Location Qty.Cost Total
2018 Chevrolet Tahoe 4WD SSV - Special Service Vehicle with EcoTec3 5.3-liter, Dual
Batteries, Heavy Duty Locking Differential, OnStar with Bluetooth Connectivity & Front Tow
Hooks. (No Spotlight) (Purchased Through Holiday Chevrolet using The Tarrant County
Cooperative Contract # 2016-006).
Vehicle Description 1 36,611.79 36,611.79
Options:
G1E Siren Red Tintcoat Paint Color $495
V76 Front Recovery Hooks
BTV Remote Start $300
AMF Remote Key FOB Package $75
5HP 6 Additional Vehicle Keys $40
B30 Carpet - Floor $190
PZX Wheels - $600
Cloth Rear Seat
Total $1,700
Vin #
Customer PO #
Vehicle is Purchased Through Holiday Chevrolet (Johnson – Grayson Automotive) using The
Tarrant County Cooperative Contract # 2016-006
Payment to be made to Defender Supply for $36,748.79
Title as follows:
Town of Prosper
PO Box 307
Prosper, TX 75078
Physical address (if needed) is:
Town of Prosper
121 W. Broadway
Prosper, TX 75078
2 Year Texas State Inspection Certificate 1 7.00 7.00
Dealer Prep 1 130.00 130.00
Customer to Pick Up Vehicle
_____________________________________
$36,748.79
Attachment 2
Date 4/3/2017
Estimate #17707
Bill To
Prosper Fire Department
Chief Stuart Blasingame
1500 E. First Street
Prosper, TX 75078
Quantity Ordered 1
Total Vehicle Order Cost $6.110.78
2018 Chevrolet Tahoe SSV
Vehicle Base Color - Red
SIGNATURE
Vehicle and Emergency Equipment Total
Customer Contact Stuart Blasingame
Customer Phone 972-347-2424
Customer E-mail stuart.blasingame@...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this form,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
845 West FM 407
Argyle, TX 76226
Description Location Qty.Cost Total
All Parts are for a 2018 Chevrolet Tahoe SSV
This WO goes with WO #
Customer PO #
Payment to be made to Defender Supply for $6,110..78
Emergency Equipment is Purchased Through Defender Supply using The Tarrant County
Cooperative Contract # 2015-157
Whelen Legacy 54" Light Bar Package with Siren, Siren Speaker, Speaker Bracket & Strap
Kits. Light Bar includes Take Downs, Alleys and R/W/B/W Front Configuration with
Red/Amber/Blue/Amber Rear Configuration with Siren Mounted Behind the Grill.
1 3,026.93 3,026.93
Make & Model of Customer Supplied Police Radio - ?
Does the Customer Supplied Police Radio need to be “Hot”, Powered all the time or on Ignition -
?
Is Customer Supplied Police Radio a One or Two Piece Unit - ?
What is the Frequency of Customer Supplied Police Radio - 800MHz
Compartment Light, Split Red/White - Mounted in Ceiling Above Console 1 48.71 48.71
Whelen Solid State Chevrolet Tahoe Headlight/Taillight Flasher 1 58.00 58.00
Whelen 360 Degree LED Side Emitter Light Head - Clear - Mounted in Front Daytime Running
Lights
2 70.395 140.79
Dominator 8 (red/blue) with mounting hardware - Mounted in Rear Window 1 452.95 452.95
Whelen M4R Red LED 1 112.80 112.80
Whelen M4B Blue LED 1 112.80 112.80
Whelen IONJ Red/Blue Spilt Head LED's W/Swivel Mounts - Mounted on Sides of Brush Guard 2 90.00 180.00
Whelen ION LED IONK1B with Swivel Bracket in Black 2 17.725 35.45
Whelen M4 LED Light - Red/Blue - Mounted on Rear Tail Gate 2 148.39 296.78
Whelen Dominator Plus 6 LED Light - Red/Blue - 6 LED's/Module - RRRBBB - Mounted on
Front Brush Guard
1 593.57 593.57
Whelen Vertex LED Light - Red - Mounted in Rear Tail Lights 2 66.00 132.00
Page 1
Attachment 2
Date 4/3/2017
Estimate #17707
Bill To
Prosper Fire Department
Chief Stuart Blasingame
1500 E. First Street
Prosper, TX 75078
Quantity Ordered 1
Total Vehicle Order Cost $6.110.78
2018 Chevrolet Tahoe SSV
Vehicle Base Color - Red
SIGNATURE
Vehicle and Emergency Equipment Total
Customer Contact Stuart Blasingame
Customer Phone 972-347-2424
Customer E-mail stuart.blasingame@...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this form,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
845 West FM 407
Argyle, TX 76226
Description Location Qty.Cost Total
Whelen Vertex LED Light - Blue - Mounted in Reverse Lights 2 66.00 132.00
Whelen Dual Avenger LED Red/Blue - Mounted in Rear Side Glass - Mounted in Rear Side
Glass
2 148.945 297.89
Whelen ION Series LED, Red/Blue Split Head with Universal Clip Mounts - Mounted on Running
Boards
4 98.1725 392.69
Compartment Light, Split Red/White - Mounted on Rear Liftgate 2 48.71 97.42
Page 2
_____________________________________
$6,110.78
Attachment 2
Date 4/3/2017
Estimate #17708
Bill To
Prosper Fire Department
Chief Stuart Blasingame
1500 E. First Street
Prosper, TX 75078
Quantity Ordered 1
Total Vehicle Order Cost $16,268.07
2018 Chevrolet Tahoe SSV
Vehicle Base Color - Red
SIGNATURE
Vehicle and Emergency Equipment Total
Customer Contact Stuart Blasingame
Customer Phone 972-347-2424
Customer E-mail stuart.blasingame@...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this form,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
845 West FM 407
Argyle, TX 76226
Description Location Qty.Cost Total
All Parts are for a 2018 Chevrolet Tahoe SSV
This WO goes with WO #
Customer PO #
Payment to be made to Defender Supply for $16,268.07
2015 Tahoe console with arm rest and cup holder. Vertical section with 7.5" of mounting space
and 7" horizontal mounting space (including the 4.5" cup holder)
1 436.70 436.70
Gamber Johnson Mongoose 9" locking slide arm with 360 degree clevis 1 179.85 179.85
Make & Model of Customer Supplied Police Radio - One is a Motorola APX6500 and the other
APX7500 (Dual Band).
Does the Customer Supplied Police Radio need to be “Hot”, Powered all the time or on Ignition -
?
Is Customer Supplied Police Radio a One or Two Piece Unit - ?
What is the Frequency of Customer Supplied Police Radio - 800MHz & VHF
Havis Docking Station # DS-DELL-402 1 683.29 683.29
Two Way 800 MHZ Radio Antenna & Coax Cable 1 33.46 33.46
Two Way VHF Radio Antenna & Coax Cable 1 17.02 17.02
Federal Signal Stand Alone Opticom Infrared System Model 792 Emitter Encoded Signal
Preemption Device - Mounted on Brush Guard
1 1,296.80 1,296.80
Ranch Hand Grill Guard for a 2015+ Tahoe 1 525.00 525.00
Unity Driver Side Halogen Spotlight, Spotlight Shaft, Handle & Mounting Bracket for a 2015+
Tahoe (LED Replacement Bulb Sold Separately).
1 309.95 309.95
WatchGuard 4RE Digital Camera System without Wireless Kit - Console Mount - With ELX
Thumb Drive, Separate Front Zero Site Line Camera & Separate Rear Seat Camera - NO
WIRELESS KIT INCLUDED - Console Mount
1 4,995.00 4,995.00
1st Priority Emergency Vehicles Command Cabinet # EX-C2M 1 3,395.00 3,395.00
Window Tint - All Windows - Legal Tint - ** Changed by George from Front Windows Only to All
Windows at Same Price **
1 80.00 80.00
Page 1
Attachment 2
Date 4/3/2017
Estimate #17708
Bill To
Prosper Fire Department
Chief Stuart Blasingame
1500 E. First Street
Prosper, TX 75078
Quantity Ordered 1
Total Vehicle Order Cost $16,268.07
2018 Chevrolet Tahoe SSV
Vehicle Base Color - Red
SIGNATURE
Vehicle and Emergency Equipment Total
Customer Contact Stuart Blasingame
Customer Phone 972-347-2424
Customer E-mail stuart.blasingame@...
(903) 564-5641
george@defendersupply.comEstimate
By
George Severe
Final sale amount may be subject to state and local
sales tax. PLEASE NOTE: Once this estimate has
been approved, either by signature on this form,
written approval referencing the estimate number
or the issuance of purchase order, any changes or
cancellations of parts made by the customer are
subject to a 25% restocking fee. Any addtional
customer-requested parts/services will be added to
the total amount of the sale.
845 West FM 407
Argyle, TX 76226
Description Location Qty.Cost Total
Defender Supply Wiring Harness, Power Distribution Block and Battery Management System 1 400.00 400.00
Shipping of Parts 1 100.00 100.00
Misc. Shop Supplies 1 36.00 36.00
Installation of Above Emergency Equipment and Customer Supplied Fire Radio, Fire Radio
Speaker and Radio Wiring Harness, Knox key Secure and a Knucklehead Flashlight
42 90.00 3,780.00
Customer to Pick Up Vehicle
Page 2
_____________________________________
$16,268.07
Attachment 2
Page 1 of 2
To: Mayor and Town Council
From: Frank Jaromin, Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving the purchase of one Vac-Truck for the Public Works Division,
from Freightliner of Austin, through the Texas Local Government Purchasing Cooperative; and
authorizing the Town Manager to execute the manufacturer’s proposal for the same.
Description of Agenda Item:
The purpose of this purchase is to enhance the cleaning and sewer camera work on the
wastewater system. The Vac-Truck will provide staff with the ability to effectively clean manholes
and lift stations, and to remove and transport wastewater. Additionally, staff will have the ability
to uncover sections of pipe with ease, which will result in quicker repair times on bigger jobs.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal participation agreement in June 2005, providing
the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation
in the cooperative purchasing program allows our local government to purchase goods and
services from the cooperative’s online purchasing system, BuyBoard, while satisfying all
competitive bidding requirements.
Budget Impact:
This is an approved FY 2017-2018 supplemental request. The budget for this item is
$370,000.00. The purchase price for the Vac-Truck is $333,337.65, and will be funded from
Public Works Wastewater Capital Expenditure - Vehicles (200-6160-50-03).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the manufacturer’s proposal as to
form and legality.
Attached Documents:
1. Quote for Vac-Truck
2. Manufacturer’s Proposal
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 5f
Page 2 of 2
Town Staff Recommendation:
Town staff recommends approving the purchase of one Vac-Truck for the Public Works Division,
from Freightliner of Austin, through the Texas Local Government Purchasing Cooperative; and
authorizing the Town Manager to execute the manufacturer’s proposal for the same.
Proposed Motion:
I move to approve the purchase of one Vac-Truck for the Public Works Division, from Freightliner
of Austin, through the Texas Local Government Purchasing Cooperative; and authorize the Town
Manager to execute the manufacturer’s proposal for the same.
Item 5f
1701 Smith Rd. (Hwy. 183 So.)
FAX: 512-389-2663 INV.
CITY STATE ZIP CODE
TX
YEAR MAKE MODEL/BODY VIN
2017 114SD
MILEAGE:
KEVIN KRIEG
MILEAGE:
YEAR MAKE MODEL/BODY VIN LICENSE PLATE
MILEAGE:
YEAR MAKE MODEL/BODY VIN LICENSE PLATE
TOTAL
DATED: LIEN AMOUNT $
cobrar. Al comprador por el rendimiento de los servicios
relacionados con la completacion de la venta y por
completar los documentos. El comprador puede evitar el
pago al vendedor de este costo si el comprador mismo se
encarga de mandejar los documentos y de los servicios
necesarios para la completacion de la venta. El cobro
documental no puede sobrepasar los $50.00 (U.S.) Este
aviso es requerido bajo la ley.
Disclaimer of Warranties
SHOW LIEN TO:
PAYOFF TO:
ADDRESS:
TELEPHONE: / FAX:
GOOD UNTIL:
QUOTED BY:
Federal Excise Tax
Trading Difference
Sales Tax
License Fee
Vehicle Inventory Tax
Body Type:
License Wt.:
Documentary Fee
N/A
333,337.65$
N/A
N/A
N/A
N/A
N/A
N/A
El cobro documental no es un cobro oficial. El cobro
documental no es un requisito bajo la ley, pero se le puede
TELEPHONE
Austin, Texas 78721
PURCHASING NAME
fee may not exceed $50.00. This notice is required by law.
Wats: 1-800-395-2005
ADDRESS
to the seller by handling the documents and performing the
972-346-2640
PROSPER
BUY BOARD CONTRACT #521-16
TOWN OF PROSPER
121 W. BROADWAY
is not required by law but may be charged to buyers for
handling documents and performing services relating to the
the closing of a sale. Buyers may avoid payment of the fee
FREIGHTLINER
FREIGHTLINER OF AUSTIN
I/We Hereby Purchase from You, Under the Terms and Conditions Specified, the Following:
LICENSE PLATE
A documentary fee is not an official fee, a documentary fee
1FVAG3CY8HHHX7274
Bus: 512-389-0000
Any warranties on the products sold hereby are those made by
the factory. The Seller , Freightliner of Austin , hereby
expressly disclaims all warranties, either expressed or implied
including any implied warranty of merchantability or fitness
for a particular purpose, and Freightliner of Austin, neither
assumes nor authorizes any other person to assume for it any
333,337.65$
N/A
liability in connection with the sale of this vehicle.
CUSTOMER SIGNATURE
SALESMAN SIGNATURE
TRADE-IN
cars or trucks involved, if any. THIS IS NOT A CONDITIONAL SALES CONTRACT, BUT IS A BUYER'S ORDER. All new vehicles carry the standard factory warranty. It is understood there is no guarantee on the above described new or used vehicle
TOTAL SALE PRICE
Payoff on Trade
Total Balance Due 333,337.65$
Less Deposit N/A
Ext. Service Agreement N/A
DRAFT THRU:
ADDRESS:
State Insp.:
License:
SELLING PRICE
VACTOR 2100 PLUS COMBINATION SINGLE ENGINE
TRADE-IN
Trade Allowance
other than appears on this Buyer's Order. Mileage, if used vehicle model is not guaranteed and a verbal agreement by the Salesman will not be considered binding on the Seller. It is agreed that neither Freightliner of Austin nor the manufacturer will be
CONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLE ONLY. "The information you see on the window form for this vehicle is part of this contract. Information on the window form overrieds any contrary provisions in the contract of sale. "
ADDRESS:
Full disclosure required by federal regulation "Z", The Consumer Protection Act and The Texas Consumer Credit Code, will be made prior to consummation of a credit sale. This written order comprises the entire agreement pertaining to this purchase
property is delivered to him/her and either the full price is paid in cash or satisfactory deferred payment agreement is executed by the parties hereto, the terms of which shall thereafter be controlling, and a clear title is furnished to dealer for the used
and no other agreement of any kind, verbal understanding or promise whatsoever, will be recognized. It is expressly agreed that the purchaser acquires no right, title or interest in or to the property which he agrees to purchase hereunder until such
DRAFT FOR $Title:
Transfer:
5,455.65$
400.00$
75078
327,482.00$
ADDITIONAL ACCESSORIES
BUY BOARD FEE
SEWER CLEANER
services relating to the closing of the sale. A documentary
Attachment 1
Attachment 1
Todd Kinloch
Tel: 713-473-6213
Quote Number: 2015-12330 1 of 7
Presents a Proposal Summary
of the
2100 Plus
Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a Heavy
Duty Truck Chassis
for
City of Prosper
Attachment 2
Quote Number: 2015-12330 2 of 7
2016-02-03 00:00:00
PRODUCT DESCRIPTION
· 2100 PLUS with Roots 821-15" Hg. Blower, 10 Yard Debris body, 1000 Gallons of Fresh Water
STANDARD FEATURES
· 48" x 22" x 24" Curb Side Aluminum Toolbox
· Aluminum Fenders
· Mud Flaps
· Electric/Hydraulic Four Way Boom
· Color Coded Sealed Electrical System
· Remote Pendant Control w/35' Cord
· Vansco-Electronic Package
· Double Acting Dump Hoist Cylinder
· Handgun Assy. w/1/2" x 35' Hose w/Quick Disconnects
· 2" Y-Strainer w/25' Fill Hose
· 3" Y-Strainer at Water Pump Inlet
· Ex-Ten Steel Cylindrical Debris Tank
· Flexible Hose Guide
· 30 Deg. Sand Nozzle w/Carbide Inserts
· 30 Deg. Sanitary Nozzle w/Carbide Inserts
· 15 Deg. Penetrator Nozzle w/Carbide Inserts
· Nozzle Storage Rack
· Vacuum Tube Storage: Curbside (2) Pipe, Rear Door (2) Pipe
· 1" Nozzle
· Flat Rear Door w/Hydraulic Locks and Door Power-up/Down, Open/Close Feature
· Dual 10" Stainless Steel Float Shut Off System/Rear Mounted
· Debris Body Vacuum Relief System
· Debris Deflector Plate
· 48" Dump Height
· Water Sight Gauge PS
· Liquid Float Level Indicator
· Roots 821-15" Hg. Blower
· Boom Transport Post Storage
· 3" Y-Strainer @ Water Pump w/3" Drain Valve
· Performance Package: (Hyd Variable Flow, Dual PTO's. Dual Hyd. Pumps)
· 1" Water Relief Valve for Vactor Water Pump
· Stainless Steel Microstrainer
· Blower Air Shift Controls
· Hydraulic Cooling Package
· Midship Handgun Coupling
· Side Mounted Water Pump
· Hose Wind Guide (Dual Roller)
· Hose Footage Counter - Mechanical
· Hose Reel Manual Hyd. Extend/Retract
· Hose Reel Chain Cover (Full)
· Tachometer/Chassis Engine W/Hourmeter
· Circuit Breakers
· LED Lights. Clearance, Back-Up, Stop, Tail & Turn
· Tow Hooks, Front and Rear
· Electronic Back-Up Alarm
· Module Paint, Dupont Imron Elite - Wet on Wet
· 8" Vacuum Pipe Package
· Emergency Flare Kit
· Fire Extinguisher 5 Lbs.
Attachment 2
Quote Number: 2015-12330 3 of 7
· Water Pump Hour Meter
· PTO Hour Meter
· Vactor 2100 Plus Body Decal - Multi-Colored
· Chassis Modifications
· Vactor Manual, Partial Manual and USB Version - 1 + Dealer
ADDITIONAL FEATURES
· 180 Degree Rotation, 10 Ft. Hydraulic Telescoping Boom, Front Loading 8" Suction Hose
· 80 GPM Variable Flow Water System
· 2500 PSI Water Pressure
· 1" x 800' Piranha Sewer Hose, 2500 PSI
· Hydraulic Extending/Rotating 15" Hose Reel (1" x 800') Capacity
· Debris Body Flush Out System
· 6" Butterfly Valve, Rear Door, 6:00 Position
· Centrifugal Separators
· Folding Pipe Rack, Curbside
· Rear Door Splash Shield
· Lube Manifold
· Plastic Lube Chart
· Air Purge
· Hot Shift Blower Drive
· Front Joystick Boom Control
· Jet Rodder Water System Accumulator
ADDITIONAL TOOLS/MISC
· Per attached quote number 14181 totaling $5,455.65. Additional items to be delivered to Kinloch (Arlington), customer to be notified of
receive date. Installation will be schedule for next day pick up.
Attachment 2
Quote Number: 2015-12330 4 of 7
Chassis Source – Stock unit. mileage 5,174.1; hours 185.9
Module Paint Match Cab - Yes
Module Paint Color - White
Cab Color - White
Door Stripe Color - Blue
Chassis Year - 2016
Chassis Make - FREIGHTLINER
Chassis Model - 114SD 4X2
Chassis Axle - Single
Chassis VIN - 1FVAG3CY9HHHU0878
Certified Unit Weight Required - No
Chassis Note: None
Factory Total: $333,337.65
Price valid for 30 Days from date of 9/30/2016
Product Model: 2100PLUS
Product Model: 2100PLUS
Proposal Date: 9/30/2016
Quote Number: 2015-12330
Price List Date: 1/1/2015
P.O. Number:
Payment Terms:
Proposal Notes:
1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will require a new
signed proposal.
2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by Vactor Manufacturing prior to
submittal of customer purchase order
3. All prices quoted are in US Dollars unless otherwise noted.
SIGNED BY:
__________________________________ Date: ________________________
Attachment 2
QuoteNumber:2015-12330 5 of 7
LIMITED WARRANTY
Limited Warranty. Each machine manufactured by VACTOR/GUZZLER MANUFACTURING (or, "the Company") is warranted against
defects in material and workmanship for a period of 12 months, provided the machine is used in a normal and reasonable manner and in
accordance with all operating instructions. In addition, certain machines and components of certain machines have extended warranties as
set forth below. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for
rental purposes, the applicable warranty period commences from the date the machine is first made available for rental by the Company or
its representative. This limited warranty may be enforced by any subsequent transferee during the warranty period. This limited warranty is
the sole and exclusive warranty given by the Company.
STANDARD EXTENDED WARRANTIES (Total Warranty Duration)
2100 Series, HXX, Series and Jetters 10 years against water tank leakage due to corrosion. Nonmetallic water tanks
are covered for 5 yrs. against any factory defect in material or workmanship.
2100 Series and HXX only 5 years against leakage of debris tank, centrifugal compressor or housing due to
rust-through.
2100 Series and Jetters 2 years - Vactor Rodder Pump on all unit serial numbers starting with
13##V#####.
Exclusive Remedy. Should any warranted product fail during the warranty period, the Company will cause to be repaired or replaced, as
the Company may elect, any part or parts of such machine that the Company's examination discloses to be defective in material or factory
workmanship. Repairs or replacements are to be made at the selling Vactor/Guzzler distributor's location or at other locations approved by
the Company. In lieu of repair or replacement, the Company may elect, at its sole discretion, to refund the purchase price of any product
deemed defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim.
This Limited Warranty shall not apply to (and the Company shall not be responsible for):
1. Major components or trade accessories that have a separate warranty from their original manufacturer, such as, but not limited to,
trucks, engines, hydraulic pumps and motors, tires and batteries.
2. Normal adjustments and maintenance services.
3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses, gaskets.
4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by the Company.
5. Repairs, modifications or alterations without the express written consent of the Company, which in the Company's sole judgment, have
adversely affected the machine's stability, operation or reliability as originally designed and manufactured.
6. Items subject to misuse, negligence, accident or improper maintenance.
*NOTE* The use in the product of any part other than parts approved by the Company may invalidate this warranty. The Company
reserves the right to determine, in its sole discretion, if the use of non-approved parts operates to invalidate the warranty. Nothing
contained in this warranty shall make the Company liable for loss, injury, or damage of any kind to any person or entity resulting from any
defect or failure in the machine.
THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF
WHICH ARE DISCLAIMED.
This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company. For the avoidance of
doubt, the Company shall not be liable for any indirect, special, incidental or consequential damages, including, but not limited to, loss of
use or lost profits. The Company makes no representation that the machine has the capacity to perform any functions other than as
contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated
company representative is authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on
behalf of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. Any legal action
based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action.
The Company reserves the right to make design changes or improvements in its products without imposing any obligation upon itself to
change or improve previously manufactured products.
VACTOR/GUZZLER MANUFACTURING
1621 S. Illinois Street
Streator, IL 61364
Attachment 2
TERMS AND CONDITIONS
Quote Number:2015-12330 6 of 7
ORDERS: All orders are subject to acceptance by Vactor
Manufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter
referred to as Vactor). Orders for products not normally carried
in stock or requiring special engineering or manufacturing is in
every case subject to approval by Vactor's Management.
PRICES: All orders are subject to current prices in effect at the
time of order acknowledgement.
F.O.B. Point: Unless otherwise stated, all prices listed are
F.O.B. factory.
PAYMENT TERMS: The company's payment terms are due
upon receipt, unless otherwise stated. However, until such time
as Vactor receives full payment, Vactor shall maintain a
purchase money security interest in the product.
CANCELLATION: Orders regularly entered cannot be
cancelled except upon terms that will compensate Vactor for any
loss or damage sustained. Such loss will be a minimum of 10%
of the purchase price.
SHIPMENT: All proposals are based on continuous and
uninterrupted delivery of the order upon completion, unless
specifications distinctly state otherwise. In the event that
agreement is reached for Vactor to store completed items, they
will be immediately invoiced to the customer and become due
and payable. Storage shall be at the risk of the customer and
Vactor shall be liable only for ordinary care of the property.
STORAGE CHARGES: Vactor shall charge the customer at
current rates for handling and storing customer's property (e.g.
truck chassis) held for more than thirty (30) days after
notification of availability for shipment. All customer's
property, or third party's property, that is stored by Vactor is at
the customer's or other party's risk. Vactor is not liable for any
loss or damage thereto caused by fire, water, corrosion, theft,
negligence, or any caused beyond its reasonable control.
PERFORMANCE: Vactor shall not be liable for failure to
complete the contract in accordance with its terms if failure is
due to wars, strikes, fires, floods, accidents, delays in
transportation or other causes beyond its reasonable control.
EXPERIMENTAL WORK: Work performed at customer's
request such as sketches, drawings, design, testing, fabrication
and materials shall be charged at current rates.
SKETCHES, ENGINEERING DRAWINGS, MODELS and
all preparatory work created or furnished by Vactor, shall
remain its exclusive property; and no use of same shall be made
nor may ideas obtained therefrom be used except with the
consent of and on terms acceptable to Vactor.
TAXES: The pricing attached does not include Federal, State
or local taxes which are the buyer's responsibility. However,
Vactor/Guzzler Manufacturing, Inc. shall be responsible for
Federal Excise Tax (F.E.T.) unless it is separately stated on the
invoice and added to the selling price. If F.E.T. is not
separately stated on the invoice it has not been included in the
price and Vactor/Guzzler will pay any F.E.T. due itself and bear
the cost of the tax. Any refunds or adjustments to the F.E.T. in
such cases belong to Vactor/Guzzler.
PRODUCT IMPROVEMENTS: Vactor reserves the right to
change manufacturing specifications and procedure in
accordance with its product improvement policy.
MOUNTING PRICES: Mounting prices assume normally
factory installation on a truck chassis suitable for the unit
purchased. Relocation of batteries, fuel tanks, mufflers, air
tanks, etc. will be an additional charge, billed at the standard
factory labor rate.
WARRANTY: Vactor warrants its products to be free from
defects in material and workmanship, subject to the limitations
and conditions set forth in its current published warranty. Other
than those expressly stated herein. THERE ARE NOT OTHER
WARRANTIES OF ANY KIND EXPRESS OR IMPLIED,
AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF
LIMITATION, ARE THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MECHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE SELLER'S
LIABILITY WHETHER IN CONTRACT, IN TORT,
UNDER ANY WARRANTY IN NEGLIGENCE OR
OTHERWISE SHALL NOT EXCCEED THE RETURN OF
THE AMOUNT OF THE PURCHASE PRICE PAID BY
THE PURCHASER AND UNDER NO CIRCUMSTANCES
SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE
PRICES STATED FOR THE EQUIPMENT IS A
CONSIDERATION IN LIMITING SELLER'S
LIABILITY. NO ACTION REGARDLESS OF FORM,
ARISING OUT OF THE TRANSACTION OF THE
AGREEMENT MAY BE BROUGHT BY PURCHASER
MORE THAN ONE YEAR AFTER THE CAUSE OF
ACTION HAS ACCURED.
SELLER'S MAXIMUM LIABILITY SHALL NOT
EXCEED AND BUYER'S REMEDY IS LIMITED TO
EITHER (I) REPAIR OR REPLACEMENT OF THE
DEFECTIVE PART OF PRODUCT, OR AT SELLER'S
OPTION (II) RETURN OF THE PRODUCT AND
REFUND OF THE PURCHASE PRICE AND SUCH
REMEDY SHALL BE BUYER'S ENTIRE AND
EXCLUSIVE REMEDY.
Attachment 2
TERMS AND CONDITIONS
Quote Number:2015-12330 7 of 7
This agreement shall be construed according to the laws of the
State of Illinois. Failure at anytime by Vactor to exercise any
right of the Company may have under this agreement shall not
constitute a waiver-thereof nor prejudice Vactor's right to
enforce it thereafter.
This order, including the above terms and conditions, contains
the complete and final agreement between the parties hereto and
no other agreement in any way modifying any of said terms and
conditions will be binding on Vactor unless in writing and
agreed to by an authorized representative of Vactor.
I agree with the above terms and conditions:
___________________________
Date: ______________
Attachment 2
Page 1 of 2
To: Mayor and Town Council
From: Frank Jaromin, Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving the purchase of one dump truck for the Public Works Division,
from Rush Truck Centers of Texas, L.P., through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program; and authorizing the Town Manager to execute the Federal
Excise Tax Exempt Certificate and the Acknowledgment of Security Interest and Agreement to
Submit Purchase Price to Bank for same.
Description of Agenda Item:
The purpose of this purchase is to enhance department operations. Currently, all Public Works
crews are rotating the use of one dump truck. This is creating delays in response times and the
cleaning of job sites. Many times, crews are required to reschedule projects due to other crews
having the dump truck in the field. With the age and condition of the current dump truck, many
times the truck is out of service for repair work for weeks at a time. An additional dump truck is
required to maintain work load and appropriate response times.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001,
which allows our local government to purchase certain goods or services through HGAC. The
agreement renews automatically each fiscal year, unless cancelled by either party.
Budget Impact:
This is an approved FY 2017-2018 supplemental request. The budget for this item is
$132,200.00. The purchase price for the dump truck is $132,200.00, and will be funded from
Public Works Water Capital Expenditure - Equipment (200-6140-50-02).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Federal Excise Tax Exempt
Certificate, and the Acknowledgment of Security Interest and Agreement to Submit Purchase
Price to Bank , as to form and legality.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 5g
Page 2 of 2
Attached Documents:
1. Quote for Dump Truck
2. Federal Excise Tax Exempt Certificate
3. Acknowledgment of Security Interest and Agreement to Submit Purchase Price to Bank
Town Staff Recommendation:
Town staff recommends approving the purchase of one dump truck for the Public Works Division,
from Rush Truck Centers of Texas, L.P., through the Houston-Galveston Area Council (HGAC)
Cooperative Purchasing Program; and authorizing the Town Manager to execute the Federal
Excise Tax Exempt Certificate and the Acknowledgment of Security Interest and Agreement to
Submit Purchase Price to Bank for same.
Proposed Motion:
I move to approve the purchase of one dump truck for the Public Works Division, from Rush Truck
Centers of Texas, L.P., through the Houston-Galveston Area Council (HGAC) Cooperative
Purchasing Program; and authorize the Town Manager to execute the Federal Excise Tax Exempt
Certificate and the Acknowledgment of Security Interest and Agreement to Submit Purchase Price
to Bank for same.
Item 5g
Attachment 1
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Attachment 1
Attachment 1
Attachment 1
Attachment 1
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Attachment 1
Attachment 1
Attachment 1
FEDERAL EXCISE TAX
EXEMPTION CERTIFICATE
For Use by State & Local Governments
A.______The article/articles specified in the accompanying order, or on the reverse
side hereof ,(or)
B.______All orders placed by the purchaser for the period commencing
_______________________(date) and ending _ ______________(date)
(period not to exceed 12 calendar quarters), are, or will be, purchased from
____________________________________________(dealer) for the exclusive use of
_________________________________________government unit of
_________________________________________ (address)
____________________________________________________
RUSH FET FORM 1 (0409)
Treas. Reg. 48-4221-5(c)(1)
October 24, 2017(Date)________________________________________
I hereby certify that I am_ _ Harlan Jefferson, Town Manager________________________________(title of officer) of
Town of Prosper________________________________________________(state or local government);
that I am authorized to execute this certificate; and that:
(check applicable type of certificate)
XX
10/26/2017 10/25/2019_________
Rush Truck Centers of Texas, L. P.
_____________Town of Prosper
_____________Town of Prosper_ _________________________________(state or local government).
I understand that that this statement is made under penalties of perjury.
I understand that the exemption from tax in the case of sales of articles under this
exemption certificate to a State, etc., is limited to the sale of articles for its exclusive
use. I understand the fraudulent use of this certificate for the purpose of securing
this exemption will subject me and all parties making such fraudulent use of this
certificate to a fine of not more than $10,000, or to imprisonment for not more than
5 years, or both, together with costs of prosecution.
*To the extent authorized by Texas law, the undersigned agrees that it willindemnify Rush Enterprises, Inc. and any of its affiliates, and their respective
officers, agents or assignees from any and all tax judgments, including attorneys’
fees and costs, and losses arising out of or relating to any misrepresentations made
on this Exemption Certificate.
____________________________________________________ (signature)
P. O. Box 307___________Prosper, Texas 75078
Attachment 2
1)With respect to any Vehicles purchased pursuant to a Deferred Payment Plan, Customer hereby
acknowledges and agrees to the following:
a)BMO HARRIS BANK N.A. (“Bank”) finances Dealership’s acquisition of the Vehicles and has a prior,
unrelinquished security interest in the Vehicles and the proceeds from the sale of such Vehicles;
b)Bank’s security interest in the Vehicles will continue until Dealership pays the total purchase price
for the Vehicles to Bank, at which time such payment will automatically extinguish Bank’s security
interest in the Vehicles for which payment is made;
c)Dealership has executed an assignment of the sale proceeds of the Vehicles in favor of Bank;
d)If Bank reasonably determines that its position is put at risk by allowing Customer to pay
Dealership directly, Bank may require Customer to pay the purchase price for the Vehicles to Bank
by providing written notice to Customer and Dealership a the addresses set forth in the signature
blocks below and Customer shall pay the purchase price for the Vehicles directly to Bank.
2)In the event that Customer pays the purchase price for the Vehicles directly to Bank, Dealership shall
release Customer from any and all claims related to the payment of the purchase price for such
Vehicles.
3)This Acknowledgment will remain in effect until Customer receives a written notice from Bank
instructing that it has been terminated.
IN WITNESS WHEREOF, the parties have executed this Acknowledgment as of the date set forth above.
CUSTOMER:
Customer Legal Name:
By:
Name:
Title:
Address:
DEALERSHIP:
RUSH ENTERPRISES, INC. on behalf of its
subsidiaries
By:
Name:
Title:
Address: 555, IH 35 South, Suite 500
New Braunfels, Texas 78130
Acknowledgment of Security Interest and Agreement to Submit Purchase Price to Bank
This Acknowledgment of Security Interest and Agreement to Submit Purchase Price to Bank (this
“Acknowledgment”) is entered into this 24th day of Oct, 20__17 by the customer named below
(“Customer”) and RUSH ENTERPRISES, INC. on behalf of itself and its subsidiaries (“Dealership”).
WHEREAS, Customer and its affiliates (collectively, “Customer”) may purchase commercial vehicles (the
“Vehicles”) from Rush Enterprises, Inc. and its subsidiaries (collectively, “Dealership”); and
WHEREAS, the purchase of Vehicles will be evidenced by purchase orders, retail sales order and other
documentation, pursuant to which Customer may defer payment of the purchase price for the Vehicles
until after it has accepted the Vehicles and received documents required to obtain title to the Vehicles (a
“Deferred Payment Plan”);
NOW, THEREFORE, for and in consideration of the right to purchase Vehicles pursuant to a Deferred
Payment Plan and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agrees as follows:
Town of Prosper
Harlan Jefferson
Town Manager
Town of Prosper
P. O. Box 307
Prosper, Texas 75078
Charlie Plouse
Account Manager
Attachment 3
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To: Mayor and Town Council
From: Doug Kowalski, Police Chief
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving the purchase of the ProQA software program, for Police Dispatch,
from Priority Dispatch Corp., a sole source provider.
Description of Agenda Item:
This item is an approved FY 2017-2018 supplemental request. ProQA is a software program which
replaces manual flip charts that are currently being utilized by dispatch personnel during medical
priority calls. The software provides access to automated life-saving instructions for dispatch
personnel to relay to callers while awaiting on scene arrival of emergency personnel.
This purchase falls within the definition of a procurement that is available from only one source
(Chapter 252 of the Local Government Code) and is exempt from competitive bidding requirements.
The ProQA software program is exclusive to Priority Dispatch Corp.
Budget Impact:
The ProQA software program is an approved FY 2017-2018 supplemental request, in the amount of
$53,500 for one-time costs, including a $2,400 annual fee for the current year.
The interface and installation will be provided by Integrated Computer Systems, Inc., in the amount
of $5,945.
The entire project will be funded from Police Dispatch Contracted Services (100-5480-20-05).
Subsequent annual expenditures will be subject to appropriations granted in future fiscal years.
Attached Documents:
1. Sole Source Letter
2. Priority Dispatch Quote
3. Integrated Computer Systems Quote
Town Staff Recommendation:
Town staff recommends approving the purchase of the ProQA software program, for Police Dispatch,
from Priority Dispatch Corp., a sole source provider.
Proposed Motion:
I move to approve the purchase of the ProQA software program, for Police Dispatch, from priority
Dispatch Corp., a sole source provider.
Prosper is a place where everyone matters.
POLICE DEPARTMENT
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To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon an ordinance rezoning 47.9± acres from Agriculture (A) to Planned
Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a
natatorium, located on the south side of Frontier Parkway, 460± feet west of the Burlington
Northern-Santa Fe Railroad (BNSF) right-of-way. (Z17-0008).
Description:
On September 26, 2017, the Town Council approved the rezoning request, by a vote of 7-0,
with the following addition to the Development Standards in recognition of the future
construction of the Frontier Parkway overpass at the BNSF Railroad:
•In the event that Collin County requires more right-of-way on the northeast corner of the property
than reflected in Exhibit D, parking and landscaping requirements on the property shall be
modified accordingly, and any revisions shall be subject to the approval of the Town’s Executive
Director of Development and Community Services.
Subsequent to the September 26, 2017, Town Council meeting, Town staff and Prosper ISD
representatives met to develop the required Intergovernmental Joint Use Agreement for the
shared use of the Town’s parking at Frontier Park and Prosper ISD’s parking at the stadium.
This item is also on the October 24, 2017, Town Council meeting agenda authorizing the Town
Manager to execute the agreement.
In addition, Town staff and Prosper ISD representatives have been reviewing options regarding
the location for the required stormwater detention or retention pond(s). One option being
reviewed by the Prosper ISD representatives is the placement of constant level retention
facilities on the stadium site. If this occurs, up to 200 parking spaces could be eliminated from
the stadium site. Even with the possible reduction, as recognized in the above-referenced
agreement, in the Development Standards, and in the site data table on Exhibit D of the
ordinance, the total amount of available parking will meet the required one (1) parking space per
five (5) seats.
An ordinance has been prepared accordingly.
Prosper is a place where everyone matters.
PLANNING
Item 5i
Page 2 of 2
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
Town Staff Recommendation:
Town staff recommends Town Council approve the ordinance.
Proposed Motion:
I move to approve an ordinance rezoning 47.9± acres from Agriculture (A) to Planned
Development (PD), for a Prosper ISD (PISD) athletic complex with a multi-sport stadium and a
natatorium, located on the south side of Frontier Parkway, 460± feet west of the Burlington
Northern-Santa Fe Railroad (BNSF) right-of-way.
Item 5i
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 47.873 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM AGRICULTURAL (A)
TO PLANNED DEVELOPMENT-83 (PD-83); 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
Prosper Independent School District (“Applicant”), to rezone 47.873 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, 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. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described
property containing 47.873 acres of land, more or less, situated in the Collin County School
Land Survey, Abstract No. 147 in the Town of Prosper, Collin County, Texas, (the “Property”)
and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Planned Development-83 (PD-83). The property as a whole is more particularly described in
Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim.
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Ordinance No. 17-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit B; 2) the planned development standards, attached hereto as Exhibit
C; 3) the concept layout, attached hereto as Exhibit D; 4) the development schedule, attached
hereto as Exhibit E, 5) the conceptual elevations, attached hereto as Exhibit F; and 6) the
conceptual landscape plan, attached hereto as Exhibit G, which are incorporated herein for all
purposes as if set forth verbatim, subject to the following condition of approval by the Town
Council:
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 5i
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 24TH DAY OF OCTOBER, 2017.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
Prosper Independent School District (PISD) is proposing to create a Planned Development for the
creation of a PISD sports complex which will include a multi-purpose stadium and natatorium on
a 44.8+ acre site.
The proposed site improvements include a multi-building stadium, which will include a multi-
sport playing field, a press box, concessions, locker rooms, restrooms, athletic offices, and banquet
facilities. A separate natatorium will constructed in the southeast corner of the site, which will
include two pools with multiple swimming lanes, offices, restrooms, and locker rooms. To support
these facilities there will be approximately 2,600 parking spaces on site with a shared parking
agreement with the Town of Prosper providing additional parking in the adjacent Frontier Park
sports complex and community park.
Item 5i
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it
exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall
apply.
1. Permitted Uses
A. Athletic Stadium or Field, Public
2. Development Plans
A. Concept Plan: The Tract shall develop in general accordance with the attached concept
plan, set forth in Exhibit D.
i. In the event that Collin County requires more right-of-way on the northeast corner of
the property, or the Prosper ISD and Town agree that on-site stormwater detention or
retention is required on the Prosper ISD site which impacts the parking reflected on
Exhibit D, parking and landscaping requirements on the property shall be modified
accordingly, and any revisions shall be subject to the approval of the Town’s Executive
Director of Development and Community Services.
B. Elevations: The Tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
C. Landscaping: The site landscaping shall be developed in general accordance with the
attached landscape plans, set forth in Exhibit G.
3. Regulations
A. Setbacks
i. Minimum Front Yard, Thirty (30) feet.
ii. Minimum Side Yard, Fifteen (15) feet.
iii. Minimum Rear Yard, Fifteen (15) feet.
B. Height
i. The heights of site improvements are indicated on Exhibit F with the maximum height
of the stadium being 100 feet and the maximum height of the light standards being 130
feet.
C. Parking
i. Parking shall be provided at the ratio of one (1) parking space per five (5) seats or bench seating
spaces in the multi-sport stadium. In addition to the parking spaces located on the Prosper ISD
site, this ratio requires Prosper ISD to enter into an Intergovernmental Joint Use Agreement for
shared parking with the Town of Prosper to utilize parking located in the Town’s Frontier Park.
Item 5i
D. Landscaping
i. Perimeter – Requirements of Chapter 4, Section 2.6, Paragraph C.1.a of the Town’s
Zoning Ordinance, as they exist or may be amended, shall not apply.
ii. Interior – Requirements of Chapter 4, Section 2.6, Paragraph C.2.g and Section 8.5,
Paragraph A.3 of the Town’s Zoning Ordinance, as it exists or may be amended, shall
not apply.
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EXHIBIT E
DEVELOPMENT SCHEDULE
The proposed development will be constructed in one continuous phase with construction to
commence following site plan approval and the issuance of appropriate construction- related
permits. It is the intent of the Prosper Independent School District to begin construction
immediately following January 1, 2018 and complete the facilities prior to the beginning of the
2019-2020 school year.
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To: Mayor and Town Council
From: Dudley Raymond, RLA, Director of Parks and Recreation
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Intergovernmental Joint Use
Agreement between Prosper Independent School District and the Town of Prosper, Texas, related
to shared parking on the Frontier Park and the PISD Stadium/Natatorium properties.
Description of Agenda Item
In December of 2008, the Town and the Prosper Independent School District (PISD) entered into
a Joint Use and Lease Agreement for the PISD property and Frontier Park. That agreement
addressed the Town constructing parking, driveways, landscaping, utilities, lighting, and other
features that were necessary for the Town to construct Phase One of Frontier Park. The PISD
allowed the construction of said items, as well as participated in a portion of the cost of constructed
items that would benefit the PISD. The 2008 Joint Use and Lease Agreement also contemplated
that the PISD would have access to use the Frontier Park parking, when needed.
The majority of items contained in the 2008 Joint Use and Lease Agreement were completed
previously, such as the construction of the shared parking lot, or changed as the Town purchased
the property in 2010 that was referenced in the lease. Therefore, the attached Intergovernmental
Joint Use Agreement will supersede the provisions in the 2008 agreement. It also contains the
obligations of each party as they relate to the joint use and sharing of parking lots on Frontier
Park and the Stadium/Natatorium properties. The agreement will allow each entity to use the
other’s parking lots and drives, when needed.
The new agreement will provide the Town access to the Stadium site for parking at times when
a) there are no games or events at the Stadium, or b) the Town and the PISD agree that the
parking and drives should adequately handle the anticipated number of users with minimal to no
interference to the patrons of the game or event being held at the Stadium. Also, the PISD will
be required to give the Town a schedule of games and events planned at the Stadium prior to
each sport season, and as soon as possible when changes occur. For playoff games that the
PISD may host, they will submit a schedule as soon as possible, but it is anticipated that will be
less than 10 days prior to the event.
The Town will be responsible for picking up trash and keeping the parking lots clean on the
Stadium site after Park patron use. The Town will continue to provide all required maintenance
of the parking lots south and west of the Frontier Park eastern entry drive. Furthermore, in
consideration for the use of the Stadium parking lots, the Town will participate in 50% of the cost
of restriping the parking lots on the Stadium site.
PARKS & RECREATION
Prosper is a place where everyone matters.
Item 5j
Page 2 of 2
This agreement will allow the PISD to use Frontier Park parking and drives when they have games
and events that are anticipated to generate the need of such use. The PISD will be responsible
for picking up trash and keeping the parking lots clean after their patrons use of Park parking lots.
Budget Impact:
In the future, the Town will need to budget for their portion of the striping cost.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Joint Use Agreement as to form
and legality.
Attached Documents:
1.Intergovernmental Joint Use Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorizes the Town Manager to execute an
Intergovernmental Joint Use Agreement between Prosper Independent School District and the
Town of Prosper, Texas, related to shared parking on the Frontier Park and the PISD
Stadium/Natatorium properties.
Proposed Motion:
I move to authorize the Town Manager to execute an Intergovernmental Joint Use Agreement
between Prosper Independent School District and the Town of Prosper, Texas, related to shared
parking on the Frontier Park and the PISD Stadium/Natatorium properties.
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Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 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
October 17, 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.Site Plan for Rheas Mill Temporary Buildings
Attachment Summary:
Project
Name Type Location
Building
Size
Existing/
Proposed Uses
Known
Tenant(s)
Rhea’s Mill
Baptist
Church
SP Northeast Corner
of Prosper Trail
and Preston Road
1,536 square
feet each
(2 buildings)
Temporary
Buildings
Rhea’s Mill
Baptist
Church
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
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Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance for a Special Purpose Sign
District for Stone Creek Office Park, located on the west side of Preston Road, 400± feet north
of Broadway Street. (MD17-0006).
Description of Agenda Item:
As defined in the Sign Ordinance, a Special Purpose Sign District (SPSD) is an overlay district
that permits an applicant the option of designating an area where signs may deviate from the
underlying sign code regulations. Town Council has the authority to approve, conditionally
approve, or deny requests for Special Purpose Sign Districts. Specifically, the purpose of this
request is to allow:
1)Unified development signs and monument signs to encroach the minimum distance separation
requirements;
2)Unified development signs to have increased signage areas;
3)Unified development signs and monument signs to encroach the minimum property line setback
requirements; and
4)Unified development signs to have modified sign text placement.
There are two (2) unified development signs located on Preston Road, at the subject property,
as shown below:
Located on the south entry drive median Located on the north side of the property
Prosper is a place where everyone
matters.
PLANNING
Item 7
Page 2 of 3
The existing signs are approximately 8’, 6” in height and 133 square feet in area, located on or
within two (2) feet of the property line, and allow for text under six (6) inches in height. These
deviations to the Sign Code were approved by the Town Council in 2004 per a Variance
application.
The applicant is proposing a third unified development sign, to be located between the two (2)
existing unified development signs on Preston Road. The new sign will be 7’, 2” in height and
64 square feet in area, located on the property line, and allowing for text under six (6) inches in
height, in order to allow for consistency with the existing signage. The sign is also proposed to
be constructed of the same architectural style and materials as the existing signs, as shown
below:
Existing Signs Proposed Sign
This purpose of the additional sign to allow for tenant signage space for building five (5), which
is currently under construction, since there is no remaining tenant space on the existing unified
development signs.
The location of the existing and proposed signs are shown below:
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Page 3 of 3
The Sign Ordinance requires the larger unified development signs to be separated by 750 feet,
which would permit only one (1) unified development sign on the property; however, the
applicant has designed the proposed third unified development sign to meet the height and area
specifications of a monument sign, which is a maximum height (8) feet in height, and a
maximum area of 64 square feet.
Even though the proposed sign is in front of building 5, it is not located on the same lot, and due
to the previously approved Variance which identified a maximum of two (2) signs on the
development’s property, the proposed sign does not qualify to be classified as a monument
sign, otherwise the proposed sign could be permitted by right.
The applicant is finalizing construction of building 5 within the office development and has
indicated that the proposed sign would provide all necessary signage within the development.
Therefore, the applicant has agreed to prohibit any wall signs on all buildings within the
development.
Staff believes this request meets the intent of the Sign Ordinance and recommends approval of
the Special Purpose Sign District.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance.
Town staff has not received any Public Hearing Notice Reply Forms. Town Attorney, Terrence
Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and
legality.
Attachments:
1. Location Map
2. Ordinance
3. Exhibits A, B, C, and D
Town Staff Recommendation:
Town staff recommends the Town Council approve a request for a Special Purpose Sign District
for Stone Creek Office Park.
Proposed Motion:
I move to approve a request for a Special Purpose Sign District for Stone Creek Office Park.
Item 7
Exhibit A
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MD17-0006
±0 180 360 54090Feet
Item 7
TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND
APPROVING A SPECIAL PURPOSE SIGN DISTRICT, PURSUANT TO
SECTION 3.14.012 OF THE TOWN’S CODE OF ORDINANCES, AS
AMENDED, FOR 4.977 ACRES OF LAND, MORE OR LESS, COMMONLY
KNOWN AS STONE CREEK OFFICE PARK; MAKING FINDINGS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Section 3.14.012 of the Town’s Code of Ordinances, as amended, provides
for the approval by the Town Council of the Town of Prosper, Texas (the “Town Council”), of a
special district that exclusively addresses sign regulations; and
WHEREAS, the special district, if approved by the Town Council, is designated a
Special Purpose Sign District (“SPSD”), and in general, the purposes of an SPSD are to (1)
promote consistency among signs within a development, thus creating visual harmony between
signs, buildings, and other components of the property; (2) enhance the compatibility of signs
with the architectural and site design features within a development; (3) encourage signage that
is in character with planned and existing uses, thus creating a unique sense of place; and (4)
encourage multi-tenant commercial uses to develop a unique set of sign regulations in
conjunction with development standards; and
WHEREAS, an application has been submitted to the Town for a SPSD for 4.977 acres
of land, more or less (“the Property”), commonly known as Stone Creek Office Park, generally
located on the west side of Preston Road, 400± north of Broadway Street, in the Town; and
WHEREAS, all legal notices required for the creation of the proposed SPSD have been
given in the manner and form set forth by law, and public hearings have been held on the
proposed SPSD and all other requirements of notice and completion of such SPSD procedures
have been fulfilled; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the
aforementioned property, subject to the terms and conditions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
There is hereby created and approved a Special Purpose Sign District on the Property.
All signage on the Property, more particularly described in Exhibit A, attached hereto and
incorporated herein for all purposes as if set forth verbatim, shall be subject to the Sign
Item 7
Ordinance No. 17-__, Page 2
Coordination Plan, attached hereto as Exhibit B and incorporated by reference, the detailed
elevations, attached hereto as Exhibit C and incorporated by reference, and the Sign Schedule,
attached hereto as Exhibit D and incorporated by reference. Any signage not specifically
addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with
the Town’s Sign Ordinance, contained in Article 3.14, “Signs,” of Chapter 3, “Building
Regulations,” of the Town’s Code of Ordinances, as amended.
SECTION 3
No developer or property owner shall acquire any vested interest in this Ordinance or in
any other specific regulations contained herein. Any portion of this Ordinance may be repealed
by the Town Council in the manner provided for by law.
SECTION 4
It shall be unlawful for any person, firm or corporation to make use of said premises in
some manner other than as authorized by this Ordinance, and shall be unlawful for any person,
firm or corporation to construct on said premises any signage that is not in conformity with this
Ordinance.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Five
Hundred ($500.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude the
Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced
for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of
said ordinances shall remain in full force and effect.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Item 7
Ordinance No. 17-__, Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF OCTOBER, 2017.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 7
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r1-MAB/8-22-14: Changed color
& added Sign “B”
PROSPER MEDICALPLAZA
R. BROWN
SDM
6/17/14
0378945Ar6
3
201 N. PRESTON RD.
PROSPER, TEXAS
R2-JP/8.27.14/revised “A” & “B”
R3 RFF 09.12.14 update
R4-SDM-10/16/14-rev. tenants
R5-SDM-10/27/14 - rev. "DULA"
R6 JP/10.31.14/moved "FIRST..."
& "DULA..." up, revised "DULA..."
1
10'-8"
5'-9½"
12'-8"
8"
2'-0"
D/F NEW MONUMENT SIGN END VIEWSCALE: 1/2"=1'-0"
(1) REQUIRED - MANUFACTURE & INSTALL
NEW SIGN TO MATCH EXISTING MONUMENT -
LOCATION OF NEW SIGN TO BE DETERMINED
A
ALUMINUM FAB. D/F TOPPER PAINTED
313 DARK BRONZE
3/4" FCO WHITE ACRYLIC LETTERS
NON-ILLUMINATED
MASONRY BACKGROUND & STONE CAP
BY MIKE'S MASONRY - MATCH EXISTING
MONUMENT
ALUMINUM FAB. D/F TENANT CABINET
PAINTED 313 DARK BRONZE
1” DEEP ALUMINUM TENANT PANELS PAINTED
313 DARK BRONZE - ALL COPY
(T.B.D.) TO BE ROUTED & BACKED w/
#7328 WHITE ACRYLIC -
: COMPATIBLE VECTOR ART REQ’DNOTE
PRIOR TO MFR. OF TENANT FACES
WHITE L.E.D. ILLUMINATION AS REQUIRED
CONCRETE PAD AS REQUIRED
SUPPORTS & FOUNDATION AS REQUIRED
301 & 321 N. Preston Road
MD17-0006
EXHIBIT C
EXISTING SIGNS
Item 7
1 1
0396400Ar1
BROWN/TORRES
MAB
8/22/17
R1-08/25/17(CJR): Chgd
size & removed topper.
PROSPER MED. PLAZA
241 N. PRESTON ROAD
PROSPER, TEXAS
CLCL GROUND RADIUSTRANSPARENTBRUSHEDABCDEFGHIJKLMNOPQRSTUVWXYZ12345678910
241 N. Preston Road
A AD/F M/T MONUMENT SIGN END VIEW
ONE [1] REQUIRED - MANUFACTURE & INSTALL 64.0 Sq.Ft.
SCALE: 3/4" = 1'-0" 3/4" = 1'-0"
1'-6"
1'-10"
2"2"
4'-6" CABINET TOP
4'-4" PAN (HOLD)
7'-11" PAN
7"
PA
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3"
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MASONRY BACKGROUND & STONE CAP BY MIKE'S
MASONRY - MATCH EXISTING MONUMENT @ 301
& 321 N. PRESTON RD. (REF. WO# 0378945)
ALUMINUM FAB. D/F TENANT CABINET PAINTED
313 DARK BRONZE
1" DEEP ALUMINUM TENANT & ADDRESS PAN PANELS
PAINTED 313 DARK BRONZE - ALL COPY (T.B.D.) TO BE
ROUTED & BACKED w/ #7328 WHITE ACRYLIC SHOWING
THRU -
NOTE: COMPATIBLE VECTOR ART REQ’D PRIOR TO MFR.
OF TENANT FACES
GE TETRA 7100k WHITE LED ILLUMINATION AS REQ’D
CONCRETE MAINTENANCE PAD TO BE FLUSH w/
GRADE
STEEL SQ. TUBE SUPPORTS SET IN CONCRETE PIER
FOUNDATIONS AS REQ’D PER LOCAL CODES, PER
WINDLOAD, SOIL CONDITIONS, ETC.
MD17-0006
EXHIBIT C
PROPOSED SIGN
Item 7
Exhibit D
Stone Creek Office Park
Sign Schedule / Development Standards
The following will define deviations from the Town of Prosper, (Regulations of Signs;
Ordinance Number 10-010; Updated June 26, 2012).
1. Unified Development Monument Signs
a. Shall be permitted within 750’ of another unified development sign, as shown on
Exhibit C.
b. Shall not require minimum setbacks, as shown on Exhibit C.
c. Shall allow for text less than 6” in height
2. Wall Signs
a. Shall be prohibited within the development.
MD17-0006
Item 7
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon awarding Bid No. 2018-04-B to Reytech Services, LLC., related to
construction services for the Prosper Road Improvement Project 2018 (Windsong Ranch Phase 1
& 2 Acacia Parkway and Miscellaneous Roads) project; and authorizing the Town Manager to
execute a construction agreement for same.
Description of Agenda Item:
On October 5, 2017, at 2:30 PM, eight bids were opened for the Town of Prosper Bid No. 2018-04-
B Prosper Road Improvement Project 2018 (Windsong Ranch Phase 1 & 2 Acacia Parkway and
Miscellaneous Roads) project. The verified bid totals from the bidders ranged between
$848,660.00 and $1,716,448.65, with Reytech Services, LLC., being the low bidder. The
Engineer’s Estimate was $1,732,730.00.
This scope of the contract includes removing and replacing three feet of existing subbase with
three feet of flex base gravel twelve feet wide centered over the wastewater line, and replacing the
existing concrete paving. The contractor will not remove and replace the six inch curb and three
feet of existing paving on each side were possible. This contract does not include the soil injection
stabilization (Uretek). Staff is investigating the feasibility of approving the soil injection stabilization
contract under a purchasing cooperative agreement in-lieu of the competitive bid process. If able
to award under a purchasing cooperative agreement, the contract will be considered by the council
at the November 14, 2017, Town Council meeting.
Construction will begin the first week of January 2018 so as not to disrupt the residents during the
Holidays. The contract specifies 148 calendar days for substantial completion, with an additional
30 calendar days for completion, which is by the end of June 2018. During construction, streets
will be restricted to one-way traffic. Staff will coordinate closely with residents, Prosper ISD, Post
Office, and public safety personnel.
Budget Impact:
$1,022,782.00 was approved in the FY 2016-2017 Adopted Budget and $710,000.00 was
approved in the FY 2017-2018 Adopted Budget for the construction of this project. The proposed
construction cost of $848,660.00 is available in account 750-6610-10-00-1721 ST.
Prosper is a place where everyone matters.
PUBLIC WORKS
Item 8
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2018-04-B to Reytech Services,
LLC., related to construction services for the Prosper Road Improvement Project 2018 (Windsong
Ranch Phase 1 & 2 Acacia Parkway and Miscellaneous Roads) project; and authorize the Town
Manager to execute a construction agreement for same.
Proposed Motion:
I move to award Bid No. 2018-04-B to Reytech Services, LLC., related to construction services for
the Prosper Road Improvement Project 2018 (Windsong Ranch Phase 1 & 2 Acacia Parkway and
Miscellaneous Roads) project; and authorize the Town Manager to execute a construction
agreement for same.
Item 8
HONEYVINE LANE
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7 6 5 Cus t er Ro a d , Su i t e 1 0 0 • Pl a no , T X 7 50 7 5 • (9 7 2 ) 4 2 2 -00 7 7
T B P E N o . F -2 1 2 1 • T B P L S N o . F -1 0 0 4 3 1 0 0
WINDSONG RANCH ROAD
REPAIR SCHEDULE
Item 8
TOWN OF PROSPER
BID TABULATION SUMMARY
BID NO: 2018-04-B PROSPER ROAD IMPROVEMENT PROJECT 2018 - WINDSONG RANCH PHASE 1 & 2
ACACIA PARKWAY AND MISCELLANEOUS ROAD REPAIRS
Bid Opening: 10/05/2017 at 2:30 PM
Grand Total
Reytech Services, LLC $ 848,660.00
Quality Excavation, Ltd. $ 897,697.50
XIT Paving and Construction, Inc. $ 1,294,140.00
HQS Construction, LLC $ 1,299,725.00
Grod Construction, LLC $ 1,342,360.00
Lone Star Civil Construction, Inc. $ 1,534,124.00
Tiseo Paving Co. $ 1,587,033.50
McMahon Contracting, LP $ 1,716,448.65
Certified By: January M. Cook, CPPO, CPPB Date: 10/05/2017
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 8
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
BID NO. 2018-04-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Michael Korbuly, Place 1
Kenneth Dugger, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
Item 8
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 1
LEGAL NOTICE .............................................................................................................. 2
INSTRUCTIONS TO BIDDERS ...................................................................................... 3
BID PROPOSAL FORM .................................................................................................. 4
BID BOND ..................................................................................................................... 10
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 12
CONSTRUCTION AGREEMENT ................................................................................ 133
PERFORMANCE BOND ............................................................................................. 277
PAYMENT BOND........................................................................................................ 300
MAINTENANCE BOND ............................................................................................... 333
GENERAL CONDITIONS ............................................................................................ 366
SPECIAL CONDITIONS .............................................................................................. 544
TECHNICAL SPECIFICATIONS ................................................................................. 555
Item 8
LEGAL NOTICE
The Town of Prosper is accepting sealed bids for BID NO. 2018-04-B PROSPER ROAD
IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE I & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS. Bids will be accepted until 2:30 P.M. on Thursday, October 5,
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 demolition and reconstruction of
approximately 9,730 square yards of reinforced concrete roads, special excavation and backfill
with flex base.
Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the
maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the
same amount from a reliable surety company as a guarantee that, if awarded the contract, the
Bidder will execute a Construction Agreement with the Town, including all required bonds and
other documents.
The successful bidder shall furnish a Performance Bond in the amount of 115% of the contract
amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence
of all required insurance coverage within ten (10) calendar days of notice of award. The
successful bidder shall also furnish a Maintenance Bond in the amount of 100% of the contract
amount covering defects of material and workmanship for two calendar years following the Town's
approval and acceptance of the construction. An approved surety company, licensed in the State
of Texas, shall issue all bonds in accordance with Texas law.
Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper,
151 S. 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 $25.00 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,
September 29, 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 8
INSTRUCTIONS TO BIDDERS
1. Submittal Deadline: Bids will be accepted until 2:30 P.M. on Thursday, October 5, 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. 2018-04-B PROSPER ROAD
IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE I & 2 ACACIA PARKWAY
AND MISCELLANEOUS ROADS.
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 S. 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, September 29, 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.
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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.”
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CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Reytech
Services, LLC, a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment, agreements
and conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
BID NO. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE I & 2 ACACIA PARKWAY AND MISCELLANEOUS
ROADS
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;
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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 Forty-Eight
Thousand Six Hundred Sixty Dollars and no cents ($848,660.00). 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. Notice to Proceed will be issued for January 2,
2018. All Work required under the Contract Documents shall be substantially completed within
148 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
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CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY
ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND
ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS
LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING
FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND
CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT
TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL,
OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE
PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER
(OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM
MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE
LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-
CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT
ACTS.
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
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the Owner that it is invoking its right to indemnification under this Construction Agreement. If
Contractor does not retain counsel for the Owner within the required time, then the Owner shall
have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses.
The Owner retains the right to provide and pay for any or all costs of defending indemnified
items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for
any such costs, Contractor shall indemnify and reimburse Owner for such costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies approved
by the State of Texas and acceptable to the Town of Prosper. The Contractor shall
furnish to the Town of Prosper Purchasing Agent certificates of insurance executed
by the insurer or its authorized agent stating the type of coverages, limits of each
such coverage, expiration dates and compliance with all applicable required
provisions. Certificates shall reference the project/contract number and be
addressed as follows:
Bid No. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018 WINDSONG
RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
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.
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(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.
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Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
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,
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of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(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
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(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for a Performance Bond applicable to the work in
the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond
applicable to the work in the amount of one hundred percent (100%) of the total bid price. The
Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the
amount of one hundred percent (100%) of the total bid price. T he period of the Maintenance
Bond shall be two years from the date of acceptance of all work done under the contract,
to cover the guarantee as set forth in this Construction Agreement. The performance,
payment and maintenance bonds shall be issued in the form attached to this Construction
Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms
shall not be accepted. Among other things, these bonds shall apply to any work performed during
the two-year warranty period after acceptance as described in this Construction Agreement.
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.
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H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from
the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of
the value of the Work properly completed by the Contractor since the time the last progress
payment was made. The "estimate of the value of the work properly completed" shall include the
net invoice value of acceptable, non-perishable materials actually delivered to and currently at
the job site only if the Contractor provides to the Owner satisfactory evidence that material
suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar
days unless the Owner determines that more frequent payments are appropriate. Further,
progress payments are to be based on estimates and these estimates are subject to correction
through the adjustment of subsequent progress payments and the final payment to Contractor. If
the Owner determines after final payment that it has overpaid the Contractor, then Contractor
agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30)
calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
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;
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b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled
to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the
Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted
based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason
other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of
occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
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
Item 8
PROSPER ROAD IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
BID NUMBER 2018-04-B
PAGE 23
Documents or TPDES General Construction Permit, then it shall provide the Contractor with a
verbal or written list of items to be completed before another final inspection shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the
most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the
Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has satisfied
its obligation to administer the Construction Agreement in accordance with applicable law. The
following documents shall, at a minimum, be required to be submitted prior to final payment being
due: redline as-built construction plans; consent of surety to final payment; public infrastructure
inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built
construction plans” shall include, but are not limited to markups for change orders, field revisions,
and quantity overruns as applicable. The list of documents contained in this provision is not an
exhaustive and exclusive list for every project performed pursuant to these Contract Documents
and Contractor shall provide such other and further documents as may be requested and required
by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This
provision shall apply only after all Work called for by the Contract Documents has been accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
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
Item 8
PROSPER ROAD IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
BID NUMBER 2018-04-B
PAGE 24
vegetation that did meet TPDES General Construction Permit during final close out but have since
become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail
to the Contractor a written notice that specifies the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving
the written notice from the Town. If the Contractor does not begin the remedial work timely or
prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs
and these expenses shall be paid by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to ensure
that Work performed during the warranty period is performed with required insurance and the
performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing
any portion of the Work required under the Contract Documents comply with all applicable federal,
state, county, and municipal laws, regulations, and rules that relate in any way to the performance
and completion of the Work. This provision applies whether or not a legal requirement is
described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor,
or other professional to provide professional services, if any, that are required by the Contract
Documents, Contractor shall not do so on the basis of competitive bids but shall make such
selection on the basis of demonstrated competence and qualifications to perform the services in
the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to
the Town the Contractor's agreement to comply with this provision with Contractor's bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
Item 8
PROSPER ROAD IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
BID NUMBER 2018-04-B
PAGE 25
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Three (3) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to the
Town.
The Construction Agreement "effective date" shall be the date on which the Town Council
acts to approve the award of the Contract for the Work to Contractor. It is expressly provided,
however, that the Town Council delegates the authority to the Town Manager or his designee to
rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor
a copy of this Construction Agreement that bears the signature of the Town Manager and Town
Secretary or their authorized designees. The purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its obligations
under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion
of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be
construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable
law, then the Construction Agreement "effective date" shall be the date on which the Town
Manager and Town Secretary or their designees have signed the Construction Agreement. If the
Town Manager and Town Secretary sign on different dates, then the later date shall be the
effective date.
Item 8
PROSPER ROAD IMPROVEMENT PROJECT 2018 WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND
MISCELLANEOUS ROADS
BID NUMBER 2018-04-B
PAGE 26
REYTECH SERVICES, LLC
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: TOWN MANAGER
Date: Date:
Address: P.O. Box 540252
Grand Prairie, Texas 75054
Phone: (817) 343-4792
Fax:
Address: 121 W. Broadway
Prosper, Texas 75078
Phone: (972) 346 - 2640
Fax: (972) 569 - 9335
ATTEST:
ROBYN BATTLE
Town Secretary
Item 8
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 ($____________) (one hundred fifteen percent (115% of the total
bid price) of the of the stated penal sum as an additional sum of money representing additional
court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the
below identified Contract in lawful money of the United States, to be paid in Collin County, Texas,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents. The penal sum of
this Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement, which increases the Contract price, but in no event shall a Change Order or
Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this
Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto and
made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
BID NO. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND MISCELLANEOUS
ROADS
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)
Item 8
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.]
Item 8
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 8
PAYMENT BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________,
hereinafter called Principal,
and__________________________________________________________, a corporation
organized and existing under the laws of the State of ______________________________, and
fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto
the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ___________________________________ DOLLARS
($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the
United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents. The penal sum of this Bond shall automatically be increased
by the amount of any Change Order or Supplemental Agreement, which increases the Contract
price, but in no event shall a Change Order or Supplemental Agreement, which reduces the
Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into
a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day
of _________________, A.D. 20___, a copy of which is attached hereto and made a part
hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
BID NO. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND MISCELLANEOUS
ROADS
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 8
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 8
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 8
MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
whose address is________________________________________________, hereinafter
referred to as “Principal,” and ___________________________________, a corporate
surety/sureties organized under the laws of the State of ____________ and fully licensed to
transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether
one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of
___________________________________ DOLLARS ($_______________) (one hundred
percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner,
its successors and assigns, for the payment of which sum well and truly to be made, we bind
ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly
and severally; and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all permits,
licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
BID NO. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND MISCELLAN EOUS
ROADS
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
Item 8
that the purpose of this section is to cover all defective conditions arising by reason of defective
materials, work or labor performed by Principal) then this obligation shall be void; otherwise it
shall remain in full force and effect and Owner shall have and recover from Principal and its Surety
damages in the premises as provided in the Plans and Specifications and Contract.
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 8
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 8
GENERAL CONDITIONS
GC.01 PURPOSE: The General Conditions contained herein set forth conditions or
requirements common to this Contract and all other construction contracts issued by
the Town of Prosper.
GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place,
shall wherever they appear in this Contract, be construed as follows, unless a different
meaning is clear from the context:
CALENDAR DAY: Any days of the week or month, no days being excepted.
CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn
instruments that comprise and govern the performance of the contract as defined
by the Construction Agreement.
ENGINEER: The ENGINEER of the OWNER or his designee.
EXTRA WORK: Work required by the OWNER other than that which is expressly
or impliedly required by the Contract Documents at the time of execution of the
Contract.
HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther
King Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas
Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
If a holiday falls on a Sunday, it shall be observed on the following Monday.
OWNER: The Town of Prosper, Texas, acting through the Town Manager under
authority granted by the Town Council.
OWNER'S REPRESENTATIVE: The Executive Director of Development and
Community Services of the Town of Prosper or his designee.
SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of
the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or
who actually furnishes, labor and/or materials and equipment at or about the site.
SUBSTANTIALLY COMPLETE: The condition upon which the Work has been
made suitable for use and may serve its intended purpose but may still require
minor miscellaneous work and adjustment.
WORK: All work to be performed by the CONTRACTOR under the terms of the
Contract, including the furnishing of all materials, supplies, machinery, equipment,
tools, superintendence, labor, submittals, services, insurance, permits, certificates,
licenses, and all water, light, power, fuel, transportation, facilities, and other
incidentals.
Item 8
WRITTEN NOTICE: Notice required by the Contract shall be served concurrently
to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR.
Notice delivered by mail shall be effective on the postmark date, notice delivered
by hand shall be effective the date of delivery, and notice delivered by facsimile or
e-mail shall be effective the date of transmission, provided that any notice served
after 5 PM or on a weekend or holiday shall be effective the following business
day.
GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS:
(a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe
a complete work or improvement, which the CONTRACTOR undertakes to do in
full compliance with the plans, specifications, special provisions, proposal and
contract. The CONTRACTOR shall do all work as provided in the plans,
specifications, special provisions, proposal and contract, and shall do such
additional extra work as may be considered necessary to complete the work in
satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor,
tools, materials, machinery, equipment and incidentals necessary to the
satisfactory prosecution and completion of the work.
(b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order,
measurement, or certificate by OWNER or ENGINEER, any order by the OWNER
for payment of money, any payment for or acceptance of any work, or any
extension of time, or any possession taken by the OWNER, shall not operate as a
waiver of any provisions of the Contract Documents or any power therein reserved
to the OWNER of any rights or damages therein provided. Any waiver of any
breach of contract shall not be held to be a waiver of any other subsequent breach.
The OWNER deserves the right to correct any error that may be discovered in any
estimate that may have been paid and to adjust the same to meet the requirements
of the contract and specifications. The OWNER reserves the right to claim and
recover by process of law sums as may be sufficient to correct any error or make
good any deficiency in the work resulting from such error, dishonesty or collusion,
upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his
agents and the ENGINEER or his assistants, discovered in the work after the final
payment has been made.
(c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or
ENGINEER may make such changes and alterations as the OWNER may see fit,
in the line, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompany
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages for anticipated profits on the
work that may be dispensed with. If the amount of work is increased, such
additional work shall be paid for as provided under Extra Work. In case the
OWNER shall make such changes or alterations as shall make useless any work
already done or material already furnished or used in said work, then the OWNER
Item 8
shall recompense the CONTRACTOR for any material or labor so used, and for
any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
(d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract
that all work must be done and all material must be furnished in accordance with
the generally accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation defined by the
Construction Agreement shall govern. In the event that there is still any doubt as
to the meaning and intent of any portion of the contract, specifications or drawings,
the ENGINEER shall define which is intended to apply to the work.
(e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an
adequate and reasonable number of copies of all plans and specifications without
expense to him, and the CONTRACTOR shall keep one copy of the same
constantly accessible on the work, with the latest revisions noted thereon.
(f) Ownership of Drawings: All drawings, specifications and copies thereof furnished
by the OWNER shall not be reused on other work, and, with the exception of the
signed 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.
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The OWNER will obtain permits and/or license agreements necessary for work to
be performed on right of ways or easements owned by other agencies including,
but not limited to, the Texas Departments of Transportation, North Texas Tollway
Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply
with the conditions of these permits and/or license agreements as if they were a
part of the Contract Documents.
(j) Existing Utilities and Structures: The location of existing utilities shown on the plans
are based on the interpretation of the best available information and are not
warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own
expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location on
which the works herein contracted for are to be constructed or installed, by such
agent or agents as he may elect, for the purpose of inspecting the work, or for the
purpose of constructing or installing such collateral work as said OWNER may
desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically
excluded from this contract, in such manner as not to delay the progress of the
work or damage said 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
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being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract
and that he will not assign by Power of Attorney, or otherwise, or sublet said
contract without the written consent of the OWNER or ENGINEER, and that no
part or feature of the work will be sublet to anyone objectionable to the ENGINEER
or the OWNER. The CONTRACTOR further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
contract, shall not relieve the CONTRACTOR from his full obligations to the
OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
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.
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(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by
the CONTRACTOR in such manner and at such points as shall be approved by
the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or whether
OWNER has taken possession of completed portions of such work, until the entire
work is completed and accepted.
(k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the
CONTRACTOR arising out of the nature of the work to be done, or from the action
of the elements, or from any unforeseen circumstance in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either submit
to the OWNER a duly executed 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
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this item, the OWNER, at its own discretion, may terminate this contract or take
any other actions it deems appropriate. Any payment or portion thereof due the
CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy,
insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not
exonerate the CONTRACTOR from liability.
As a result of the additional work created to OWNER due to non-response of claims
for damages by CONTRACTOR to third parties, CONTRACTOR shall incur
penalties for failure to abide by this Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status
of the claim, including whether CONTRACTOR disputes the claim, wishes to settle,
or will notify its liability insurance carrier regarding the claim. CONTRACTOR will
be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to
the claimant as described above within thirty (30) calendar days of its written notice
of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied
correspondence of responses or settlement by CONTRACTOR.
(b) Protection Against Accidents to Employees and the Public: The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of
Federal, State, and Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide
such machinery guards, safe walkways, ladders, bridges, gangplanks, and other
safety devices. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the CONTRACTOR, acting at his discretion as an
independent contractor.
(c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to
communicate with the adjacent or adjoining property owners and protect the
adjacent or adjoining property or properties in any way encountered, which might
be injured or seriously affected by any process of construction to be undertaken
under this Agreement, from any damage or injury by reason of said process of
construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property.
(d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay
all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal
agreement with the patentee or owner.
(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
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the Work. Failure to promptly correct any threat to persons or property may result
in a temporary suspension of work until such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the CONTRACTOR shall be allowed to
prosecute his work in such manner as shall be most conducive to economy of
construction; provided however, that the order and the time of prosecution shall be
such that the work shall be Substantially Completed as a whole and in part in
accordance with this contract, the plans and specifications, and within the time of
completion designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER
may direct the time and manner of constructing the work done under this contract,
so that conflict will be avoided and the construction of the various works being
done for the OWNER shall be harmonized.
The CONTRACTOR shall submit prior to beginning work, with each pay estimate,
and at other such times as may reasonably be requested by the OWNER or
ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the several
parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and will
require approval from the OWNER upon positive recommendation of the
ENGINEER.
(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.
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(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The OWNER’S
or ENGINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the OWNER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S
responsibility to fully and completely review all shop drawings to ascertain their
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.
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(b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any
road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his
own cost and expense furnish, erect and maintain temporary traffic control devices
and shall take such other precautionary measures for the protection of persons or
property and of the Work as are necessary. A sufficient number and arrangement
of temporary traffic control devices shall be erected to keep vehicles and persons
from entering on or into any work under construction. The CONTRACTOR's
responsibility for the maintenance of barricades, signs and lights, and for providing
watchmen, shall not cease until the project has been accepted by the Owner.
All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road, alley,
sidewalk, trail, or other public space with the OWNER or ENGINEER. When such
a closing is anticipated to have a duration longer than one (1) hour, the
CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to
the OWNER or ENGINEER for review and approval.
The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR at his cost and expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the W ork, shall be placed so as not to endanger the W ork or prevent
free access to all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the
CONTRACTOR as regards to the public convenience and safety which may come
to its attention after twenty-four (24) hours’ notice in writing the CONTRACTOR,
save in cases of emergency, when it shall have the right to remedy any neglect
without notice; and in either case, the cost of such work done by the OWNER shall
be deducted from monies due or to become due to the Contractor.
(d) Testing of Materials: Testing and inspection of materials required by the
specifications shall be performed by a commercial testing laboratory selected by
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the CONTRACTOR and approved by the OWNER. Except as otherwise noted,
the costs of laboratory tests will be paid by the CONTRACTOR, including any
materials or specimens for testing. Any testing of material or workmanship
required due to failure will be paid for by the CONTRACTOR. This payment will
be made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the
materials he proposes to incorporate into the work are in accordance with the
specifications. Mill tests for reinforcing steel and cement will be acceptable if it is
definite that the test sheets apply to the material being furnished. Manufacturer's
or supplier's test results will be acceptable for such items as pipe, valves, hydrants
when it is definite that the material being furnished is in accordance with the
manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be acceptable
as long as the material is secured from the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of
the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring
of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type and
to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
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.
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(b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on
weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these
hours or on weekends or holidays may be subject to an inspection overtime fee
determined by the OWNER and ENGINEER. The CONTRACTOR is responsible
for determining inspection overtime rules of other reviewing agencies.
(c) Use of Completed Portions: The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work,
notwithstanding the time for completing the entire work or such portions may not
have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If
such prior use increases the cost of or delays the work, the CONTRACTOR shall
be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects are
noted, the CONTRACTOR shall promptly remedy such defects and repeat this
process. If the Work is found to be acceptable, the OWNER or ENGINEER will
provide written notice of Completion of the Work to the CONTRACTOR.
(g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or
ENGINEER such documentation as is necessary to insure that the work has been
completed, subcontractors and suppliers have been paid, any claims received
have been settled, and other documentation as required by the OWNER or
ENGINEER. If the documentation is found to be acceptable, the OWNER or
ENGINEER will issue a written notice of Acceptance of the Work to the
CONTRACTOR.
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
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built will be determined and paid for by actual measurements on the ground of the
final work completed. Bidders are especially notified that no incidental items of
work will be paid for unless there appears an item in the proposal blank for such
work. It must be strictly understood that the prices bid are for complete and
acceptable work.
(b) Measurement: Quantities of individual items of work shall be based on the final, in-
place quantity of the item of work, measured or computed using the units specified
in the Proposal. Where a discrepancy in measured or computed quantities occurs
among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to
reconcile the discrepancy. If no reconciliation is possible, the determination of the
ENGINEER shall be used.
(c) Progress Payments: As close as practical to the end of each month in which work
has been performed, the CONTRACTOR shall prepare and submit to the OWNER
an application for payment showing as completely as practicable the total value of
the work done by the CONTRACTOR up to and including the last day immediately
preceding the date of such application and the value of all sound materials
delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review
CONTRACTOR'S application for payment, shall either approve or modify the total
value of the work done by CONTRACTOR and the value of materials delivered on
the site, and shall submit to OWNER such application for payment as approved or
modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S
recommendation affixed thereto within ten (10) business days following the receipt
of the application from CONTRACTOR.
The OW NER shall pay the CONTRACTOR within thirty (30) days following receipt
of the application from CONTRACTOR, less any amount held for retainage or
outstanding claims or defective work.
(d) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence that
a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other
records requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
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(x) or, failure of the CONTRACTOR to keep current redline as-built drawings
at the job site or to turn redline as-built drawings over to the OWNER.
GC.11 EXTRA WORK AND CLAIMS:
(a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time
or from time to time, order additions, deletions or revisions to the work; such
changes will be authorized by written Change Order prepared by the OWNER for
execution by the CONTRACTOR. The Change Order shall set forth the basis for
any change in contract price, as hereinafter set forth for Extra Work, and any
change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which
has been prepared by the OWNER, the OWNER may in writing instruct the
CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security Old Age Benefits and other payroll taxes, and, a rateable
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proportion of premiums on Performance and Payment Bonds and Maintenance
Bonds, Public Liability and Property Damage and Workmen's Compensation, and
all other insurance as may be required by any law or ordinance, or directed by the
OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form
in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the OWNER or ENGINEER. The OWNER or
ENGINEER may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall
be determined by using 100 percent, unless otherwise specified, of the latest
schedule of Equipment Ownership Expense adopted by the Associated General
Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the written Change Order. The
fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall
cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced
within the "actual field cost" as herein defined; save that where the
CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
OWNER or ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the OWNER or ENGINEER for written order authorizing such Extra
Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists
upon its performance, the CONTRACTOR shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method (C). The CONTRACTOR will
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
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the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used
in connection with Extra Work, where credit shall be allowed as provided for under
Section 6, Extra Work and Claims), it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and
be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of such
notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
The OWNER may employ such force of men and use such machinery, equipment,
tools, materials and supplies as said OWNER may deem necessary to complete
the work and charge the expense of such labor, machinery, equipment, tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of
this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OW NER; 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
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to the OWNER had the work been completed by the CONTRACTOR under the
terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the
balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed
the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount
due the OWNER within the time designated hereinabove, and there remains any
machinery, equipment, tools, materials or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials, shall be
mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in
any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety subject
only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the CONTRACTOR and his Surety. Such sale may
be made at either public or private sale, with or without notice, as the OWNER may
elect. The OWNER shall release any machinery, equipment, tools, materials, or
supplies, which remain on the work, and belong to persons other than the
CONTRACTOR or his Surety, to their proper owners.
(b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms
of this contract within ten (10) days after written notification by the CONTRACTOR,
then the CONTRACTOR may suspend or wholly abandon the work, and may
remove therefrom all machinery, tools and equipment, and all materials on the site
of work that have not been included in payments to the CONTRACTOR and have
not been wrought into the work. Thereupon the ENGINEER shall make an
estimate of the total amount earned by the CONTRACTOR, which estimate shall
include the value of all work actually completed by said CONTRACTOR, the value
of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the items of
this contract, and a reasonable sum to cover the cost of any provisions made by
the CONTRACTOR to carry the whole work to completion and which cannot be
utilized. The ENGINEER shall then make a final statement of the balance due the
CONTRACTOR by deducting from the above estimate all previous payments by
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
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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. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND MISCELLANEOUS
ROADS
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
BID NO. 2018-04-B
PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE 1 & 2 ACACIA PARKWAY AND MISCELLAN EOUS
ROADS
Technical Specifications:
Section 1. Paving Plan sheets
Section 2. SW3P – Storm Water
Section 3. Sequencing
Section 4. Water & Sewer Plans
Section 5. Storm Water Plans
Section 6. Standard Details
Section 7. Special Instructions
Section 8. Final Plats Location Maps
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Section 1. Paving Plan Sheets
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Section 2. SW3P – Storm Water
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SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN
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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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Section 2. Sequencing
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Section 4. Water & Sewer Plans
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Section 5. Storm Water Plans
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Section 6. Standard Details
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Section 7. Special Instructions
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PROSPER ROAD IMPROVEMENT PROJECT 2018
WINDSONG RANCH PHASE I & 2 ACACIA PARKWAY AND MISCELLAN EOUS
ROADS
BID NO. BID NUMBER 2018-04-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 under construction will remain open to one way traffic during
construction.
ANTICIPATED PROCEEDURE
A. Prior to the start of construction the Contactor shall submit a traffic control
plan for approval by the Town. Acacia Parkway north will be two way
during construction of Acacia Parkway south. During construction on
Acacia Parkway south traffic will be only for residents no thru traffic will be
allowed and traffic will be eastbound.
B. Remove existing pavement in two phases and maintain traffic per
approved Traffic Control Plan.
C. Up to 3 feet of curb and paving shall be saved on each side. This will be
determined at time of removal. Current bid does not deduct this quantity.
D. Overall, three feet of depth and twelve feet of width centered over the
existing sanitary sewer line will be removed and replaced. Where located
by the Town’s Inspector sewer services requiring additional back fill will be
excavated 3 feet wide and 3 feet deep. On Acacia Blvd the removal will be
3’-6” and on the 31 foot streets 9’-6” max. Payment will be by plan
quaintly. See 1.05 Street Structural Fill for more information.
E. Grade and compact and install sub grade treatment roadway to near
preexisting profile and configuration less thickness of pavement.
F. All concrete work shall conform to Town of Prosper or as shown in details.
G. Cores to be at 300 lf, right center and left configuration.
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H. Contractor will arrange access with residents and provide access to
residents at all times.
I. If required final erosion control will include three feet of sod longitudinally
with the roadway. Any sod required above plan quantity will be placed at
the contractor’s expense.
J. Contractor will repair all irrigation as subsidiary to Item I 6” Reinforced
Concrete Pavement.
K. Quantities are for bidding only, in place quantities will be paid, except
Street Excavation and Structural Roadway Fill which will be paid by plan
Quantity.
L. 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.
M. Town will supply temporary mail boxes to be moved by the contractor.
1.02 TRAFFIC CONTROL SIGNAGE
The contractor shall install and maintain all required signage and shall comply
with Texas Department of Transportation (TXDOT) Standards. The Contractor
shall supply the Town with a Traffic Control plan prior to work. As the project
progresses expect to add or move traffic control devices as required by the
inspector.
1.03 RESIDENTS MEETING
There could be as many as two evening meeting to discuss this work with the
residents. The Contractors Superintendent will be required to be present at this
meeting to discuss process and what to expect.
1.04 ACCESS TO THE PROJECT
The contractor will be expected to help the residents with trash pick up. When
access is not availably the contractor will notify the residents prior to restricting
access. Access will be maintained to all areas. During in raining weather the
contractor shall provide manpower, materials, and equipment to maintain
driveways and intersections.
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1.05 STRUCTURAL STREET FILL
We recommend removing the concrete pavement in the affected areas to
expose the pavement subgrade in this area. The exposed pavement subgrade
materials (lime treated clay and clay backfill over the sanitary sewer pipe and
laterals) should be undercut and the excavated materials should be replaced
with flexible base. In general, the pavement subgrade in the affected areas
should be undercut to expose suitable firm soils or to a depth of at 3 foot below
the final pavement subgrade level, whichever occurs first. The flexible base
backfill material should meet the requirements of TxDOT Standard Specifications
Item 247, Type A or D, Grade 1 or 2, and should be compacted to a minimum of
95 percent of the material’s maximum standard Proctor dry density (ASTM D-
698), at a moisture content of -2 to +2 percentage points of optimum moisture.
The flexible base should generally be placed in loose lifts not exceeding 12
inches. However, it may be necessary to place the initial lift of flexible base
slightly thicker (up to about 15 to 18 inches) as a “bridge lift” to provide a firm
surface for compaction of the remainder of the flexible base. Crushed concrete
may be substituted.
1.06 SURVEY
Survey will be provided by Spiars Engineering. The engineer will provide control only
within the subdivision.
END OF SECTION
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Section 8. Final Plats Location Maps
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To: Mayor and Town Council
From: Steve Glass P.E., Deputy Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon awarding Bid No. 2018-11-B to Roadway Solutions, Inc., related to
construction services for the Traffic Signal-Coit Road & Prosper Trail project; and authorizing the
Town Manager to execute a construction agreement for same.
Description of Agenda Item:
On October 5, 2017, at 2:00 PM, three bids were opened for the Traffic Signal-Coit Road &
Prosper Trail project. The verified totals from the bidders ranged from $214,490.00 to $256,000.00,
with Roadway Solutions, Inc., being the lowest qualified bidder.
The scope of this contract includes furnishing all labor, equipment, material and performing all work
necessary for construction of one (1) permanent traffic signal system at the intersection of Coit
Road and Prosper Trail.
Budget Impact:
$220,000 was approved in the FY 2017-2018 Adopted Budget for the construction of this project.
The proposed construction cost of $214,490, is available in account 750-6610-10-00-1805 TR.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement
as to form and legality.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council award Bid No. 2018-11-B to Roadway Solutions,
Inc., related to construction services for the Traffic Signal-Coit Road & Prosper Trail project; and
authorize the Town Manager to execute a construction agreement for same.
Prosper is a place where everyone matters.
ENGINEERING
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Proposed Motion:
I move to award Bid No. 2018-11-B to Roadway Solutions, Inc., related to construction services for
the Traffic Signal-Coit Road & Prosper Trail project; and authorize the Town Manager to execute a
construction agreement for same.
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Town of Prosper FY2017-2018 CIP Project-
Traffic Signal- Coit & Prosper Trail
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TOWN OF PROSPER
BID TABULATION SUMMARY
Bid No. 2018-11-B Prosper Trail and Coit Road Traffic Signal
Bid Opening: 10/05/2017 at 2:00 PM
Grand Total
Roadway Solutions, Inc. $ 214,490.00
Mels Electric, LP $ 234,700.35
Durable Specialties, Inc. $ 256,000.00
Certified By: January M. Cook, CPPO, CPPB Date: 10/05/2017
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.
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
PROSPER TRAIL AND COIT ROAD
TRAFFIC SIGNAL
BID NO. 2018-11-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Michael Korbuly, Place 1
Kenneth Dugger, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
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PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 1
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 1
LEGAL NOTICE .............................................................................................................. 2
INSTRUCTIONS TO BIDDERS ...................................................................................... 3
BID PROPOSAL FORM .................................................................................................. 4
BID BOND ..................................................................................................................... 11
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 13
CONSTRUCTION AGREEMENT .................................................................................. 14
PERFORMANCE BOND ............................................................................................... 27
PAYMENT BOND.......................................................................................................... 30
MAINTENANCE BOND ................................................................................................. 33
GENERAL CONDITIONS .............................................................................................. 36
SPECIFICATIONS AND STANDARDS………………………….......................................53
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PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 2
LEGAL NOTICE
The Town of Prosper is accepting sealed bids for BID NO. 2018-11-B PROSPER TRAIL AND
COIT ROAD TRAFFIC SIGNAL. Bids will be accepted until 2:00 P.M. on Thursday, October
05, 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, and performing all work
necessary for constructing one (1) permanent traffic signal system at the intersection of Prosper
Trail and Coat Road.
Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the
maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the
same amount from a reliable surety company as a guarantee that, if awarded the contract, the
Bidder will execute a Construction Agreement with the Town, including all required bonds and
other documents.
The successful bidder shall furnish a Performance Bond in the amount of 115% of the contract
amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence
of all required insurance coverage within ten (10) calendar days of notice of award. The
successful bidder shall also furnish a Maintenance Bond in the amount of 100% of the contract
amount covering defects of material and workmanship for two calendar years following the Town's
approval and acceptance of the construction. An approved surety company, licensed in the State
of Texas, shall issue all bonds in accordance with Texas law.
Copies of Plans, Specifications, and Contract Documents may be examined at Development
Services, 409 E First, Prosper, TX 75078, (972) 346-3502 without charge. These documents
may be acquired from that office for the non-refundable purchase price of $25.00 per set, payable
to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be
downloaded free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this bid should be emailed directly to
January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday,
September 29, 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.
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PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 3
INSTRUCTIONS TO BIDDERS
1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, October 05, 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. 2018-11-B, PROSPER TRAIL
AND COIT ROAD TRAFFIC SIGNAL.
4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main
St., Prosper, Texas 75078, immediately following the bid deadline.
5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be
examined without charge at the following location:
Town of Prosper
Development Services
409 E First Street
Prosper TX. 75078
Phone: 972-569-1099
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
6. Questions and Requests for Clarification: Questions and requests for clarifications in regards
to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at
january_cook@prospertx.gov. Friday, September 29, 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.
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PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 13
OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW
Texas Government Code §2252.002 provides that, in order to be awarded a contract as
low bidder, a non-resident bidder (out-of-state contractor whose corporate office or
principal place of business is outside the State of Texas) bid projects in Texas at an
amount lower than the lowest Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business
is located. The appropriate blanks in the following statement must be filled out by all
out-of-state or non-resident bidders in order for those bids to meet specifications. (This
information may be obtained from the Texas Register.) The failure of out-of-state or
non-resident contractors to do so will automatically disqualify that bidder.
Non-resident contractor in ___________________ (give state), our principal place of
business, is required to be _________ percent lower than resident bidders by State Law.
The exact language of the statute is set out below.
Non-resident contractor in ___________________ (give state), our principal place of
business, is not required to underbid resident bidders.
BIDDER
By
Company (Please Print)
Address Signature
City State Zip Title (Please Print)
“Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO
NONRESIDENT BIDDER. A governmental entity may not award a
governmental contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible
resident bidder by an amount that is not less than the amount by
which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in
which the nonresident's principal place of business is located.”
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PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 14
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 Roadway
Solutions, Inc., a Texas corporation (the "Contractor") and the Town of Prosper, Texas, a
municipal corporation (the "Owner"). For and in consideration of the payment, agreements
and conditions hereinafter mentioned, and under the conditions expressed in the bonds
herein, Contractor hereby agrees to complete the construction of improvements
described as follows:
BID NO. 2018-11-B
PROSPER TRAIL AND COIT ROAD TRAFFIC SIGNAL
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms
as stated in the terms of this Contract, including all Contract Documents incorporated
herein; and at his, her or their own proper cost and expense to furnish all
superintendence, labor, insurance, equipment, tools and other accessories and services
necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the
Plans, which include all maps, plats, blueprints, and other drawings and printed or written
explanatory manner therefore, and the Specifications as prepared by Town of Prosper or
its consultant hereinafter called Engineer, who has been identified by the endorsement
of the Contractor's written proposal, the General Conditions of this Contract, the Special
Conditions of this Contract, the payment, performance, and maintenance bonds hereto
attached; all of which are made a part hereof and collectively evidence and constitute
the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
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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 Two Hundred Fourteen Thousand
Four Hundred Ninety Dollars and no cents ($214,490.00). 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 75 calendar days after the date of the Notice
to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all
outstanding issues shall be addressed and ready for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar
days” unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER)
TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY
ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
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DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION,
OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS,
AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND
ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS
LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING
FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND
CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT
TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER
WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES
OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR
INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF
THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES,
PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL,
OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE
PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER
(OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF
THE INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM
MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE
LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES,
COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-
CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT
ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT
COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY
EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by
Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain
approved counsel for the Owner within seven (7) business days after receiving written notice from
the Owner that it is invoking its right to indemnification under this Construction Agreement. If
Contractor does not retain counsel for the Owner within the required time, then the Owner shall
have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses.
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.
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(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of
the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105
of the Texas Insurance Code.)
E. Insurance Requirements
1. Before commencing work, the Contractor shall, at its own expense, procure, pay
for and maintain the following insurance coverage written by companies approved
by the State of Texas and acceptable to the Town of Prosper. The Contractor shall
furnish to the Town of Prosper Purchasing Agent certificates of insurance executed
by the insurer or its authorized agent stating the type of coverages, limits of each
such coverage, expiration dates and compliance with all applicable required
provisions. Certificates shall reference the project/contract number and be
addressed as follows:
Bid No. 2018-11-B
PROSPER TRAIL AND COIT ROAD TRAFFIC SIGNAL
Town of Prosper
Attn: Purchasing Agent
121 W. Broadway
Prosper, Texas 75078
(a) Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per-occurrence, $1,000,000
Products/Completed Operations Aggregate and $2,000,000 general
aggregate. If high risk or dangerous activities are included in the Work,
explosion, collapse and underground (XCU) coverage is also required.
Coverage must be written on an occurrence form. The General Aggregate
shall apply on a per project basis.
(b) Workers’ Compensation insurance with statutory limits; and Employers’
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
(c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage in subparagraphs a and b. The total limits required may
be satisfied by any combination of primary, excess or umbrella liability
insurance provided all policies comply with all requirements. The
Contractor may maintain reasonable deductibles, subject to approval by
the Owner.
2. With reference to the foregoing required insurance, the Contractor shall endorse
applicable insurance policies as follows:
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(a) A waiver of subrogation in favor of Town of Prosper, its officials,
employees, and officers shall be contained in the Workers’ Compensation
insurance policy.
(b) The Town of Prosper, its officials, employees and officers shall be named
as additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader. (Please note that this “additional
insured” coverage requirement is not prohibited by Chapter 151 of the
Texas Insurance Code as it falls within one of the exclusions contained in
Section 151.105 of the Texas Insurance Code.)
(c) All insurance policies shall be endorsed to the effect that Town of Prosper
will receive at least thirty (30) days’ notice prior to cancellation, non-
renewal, termination, or material change of the policies.
3. All insurance shall be purchased from an insurance company that meets a financial
rating of “A” or better as assigned by the A.M. BEST Company or equivalent.
4. With respect to Workers’ Compensation insurance, the Contractor agrees to
comply with all applicable provisions of 28 Tex. Admin Code
§ 110.110, “Reporting Requirements for Building or Construction Projects for
Governmental Entities,” as such provision may be amended, and as set forth in
Paragraph F following.
F. Workers' Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
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2. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets
the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
3. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
6. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
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for all employees of the person providing services on the project, for the
duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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G. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for a Performance Bond applicable to the work in
the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond
applicable to the work in the amount of one hundred percent (100%) of the total bid price. The
Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the
amount of one hundred percent (100%) of the total bid price. T he period of the Maintenance
Bond shall be two years from the date of acceptance of all work done under the contract,
to cover the guarantee as set forth in this Construction Agreement. The performance,
payment and maintenance bonds shall be issued in the form attached to this Construction
Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms
shall not be accepted. Among other things, these bonds shall apply to any work performed during
the two-year warranty period after acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the Town, authorized to do business in the State of Texas,
pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply
capital and surplus information concerning the surety and reinsurance information concerning the
performance, payment and maintenance bonds upon Town request. In addition to the foregoing
requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the
bond must be issued by a surety that is qualified as a surety on obligations permitted or required
under federal law as indicated by publication of the surety’s name in the current U.S. Treasury
Department Circular 570. In the alternative, an otherwise acceptable surety company (not
qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas
must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000)
from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a
surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s
name in the current U.S. Treasury Department Circular 570.
H. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from
the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of
the value of the Work properly completed by the Contractor since the time the last progress
payment was made. The "estimate of the value of the work properly completed" shall include the
net invoice value of acceptable, non-perishable materials actually delivered to and currently at
the job site only if the Contractor provides to the Owner satisfactory evidence that material
suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the
Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an
estimate of the value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing
materials or delivery services relating to the Work, in a form acceptable to the
Owner releasing all liens or claims relating to goods and services provided up to
the date of the most recent previous progress payment;
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3. an updated and current schedule clearly detailing the project’s critical path
elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar
days unless the Owner determines that more frequent payments are appropriate. Further,
progress payments are to be based on estimates and these estimates are subject to correction
through the adjustment of subsequent progress payments and the final payment to Contractor. If
the Owner determines after final payment that it has overpaid the Contractor, then Contractor
agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30)
calendar days after it receives written demand from the Owner.
The fact that the Owner makes a progress payment shall not be deemed to be an
admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work.
Progress payments shall not be deemed to be acceptance of the Work nor shall a progress
payment release the Contractor from any of its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the
Owner shall withhold a percentage of the progress payment as retainage. The amount of
retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall
be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay
liquidated damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled
to indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest.
Retainage not otherwise withheld in accordance with the Contract Documents shall be returned
to the Contractor as part of the final payment.
I. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that the Work has not been
performed in accordance with the Contract Documents. The Owner may use these funds to pay
replacement or substitute contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that
would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper
to provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
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J. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final
inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been
completed in accordance with the Contract Documents, it shall issue a written notice of
acceptance of the Work. If the Owner determines that the Work has not been completed in
accordance with the Contract Documents, then it shall provide the Contractor with a verbal or
written list of items to be completed before another final inspection shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the
Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted
based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason
other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of
occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of
the Work. In this event, the notice shall state specifically what portion of the Work is accepted.
K. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request
that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner
determines that the Work has been completed in accordance with the Contract Documents and
per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work.
If the Owner determines that the Work has not been completed in accordance with the Contract
Documents or TPDES General Construction Permit, then it shall provide the Contractor with a
verbal or written list of items to be completed before another final inspection shall be scheduled.
L. Final Payment
After all Work required under the Contract Documents has been completed, inspected,
and accepted, the Town shall calculate the final payment amount promptly after necessary
measurements and computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the
most recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to
Contractor, if any.
Final payment to the Contractor shall not be due until the Contractor provides original full
releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the
Owner to show that all sums due for labor, services, and materials furnished for or used in
connection with the Work have been paid or shall be paid with the final payment. To ensure this
result, Contractor consents to the issuance of the final payment in the form of joint checks made
payable to Contractor and others. The Owner may, but is not obligated to issue final payment
using joint checks.
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Final payment to the Contractor shall not be due until the Contractor has supplied to the
Owner original copies of all documents that the Owner determines are reasonably necessary to
ensure both that the final payment amount is properly calculated and that the Owner has satisfied
its obligation to administer the Construction Agreement in accordance with applicable law. The
following documents shall, at a minimum, be required to be submitted prior to final payment being
due: redline as-built construction plans; consent of surety to final payment; public infrastructure
inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built
construction plans” shall include, but are not limited to markups for change orders, field revisions,
and quantity overruns as applicable. The list of documents contained in this provision is not an
exhaustive and exclusive list for every project performed pursuant to these Contract Documents
and Contractor shall provide such other and further documents as may be requested and required
by the Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final
Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This
provision shall apply only after all Work called for by the Contract Documents has been accepted.
M. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work,
Contractor shall provide and pay for all labor and materials that the Owner determines are
necessary to correct all defects in the Work arising because of defective materials or workmanship
supplied or provided by Contractor or any subcontractor. This shall also include areas of
vegetation that did meet TPDES General Construction Permit during final close out but have since
become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period,
the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor
of the date and time of this inspection so that a Contractor representative may be present. After
the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail
to the Contractor a written notice that specifies the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving
the written notice from the Town. If the Contractor does not begin the remedial work timely or
prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs
and these expenses shall be paid by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and
workmanship, then the Owner may take steps to alleviate the hazard, including making repairs.
These steps may be taken without prior notice either to the Contractor or its surety. Expenses
incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance
bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be
performed in accordance with the Contract Documents. By way of example only, this is to ensure
that Work performed during the warranty period is performed with required insurance and the
performance and payment bonds still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year
warranty. This warranty shall be the same as described in this section.
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The Owner may make as many warranty inspections as it deems appropriate.
N. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing
any portion of the Work required under the Contract Documents comply with all applicable federal,
state, county, and municipal laws, regulations, and rules that relate in any way to the performance
and completion of the Work. This provision applies whether or not a legal requirement is
described or referred to in the Contract Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor,
or other professional to provide professional services, if any, that are required by the Contract
Documents, Contractor shall not do so on the basis of competitive bids but shall make such
selection on the basis of demonstrated competence and qualifications to perform the services in
the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to
the Town the Contractor's agreement to comply with this provision with Contractor's bid.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance,
payment and maintenance bonds and proper insurance policy endorsements (and/or other
evidence of coverage) within ten (10) calendar days after the Owner makes available to the
Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract
Documents shall be signed by an authorized representative of the Contractor and returned to the
Town.
The Construction Agreement "effective date" shall be the date on which the Town Council
acts to approve the award of the Contract for the Work to Contractor. It is expressly provided,
however, that the Town Council delegates the authority to the Town Manager or his designee to
rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor
a copy of this Construction Agreement that bears the signature of the Town Manager and Town
Secretary or their authorized designees. The purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents;
and
2. that the Owner retains the discretion not to proceed if the Town Manager or his
designee determines that information indicates that the Contractor was not the
lowest responsible bidder or that the Contractor cannot perform all of its obligations
under the Contract Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF
ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF
CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE
CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE
CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE
SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law.
Exclusive venue for any litigation concerning the Contract Documents shall be Collin County,
Texas.
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Although the Construction Agreement has been drafted by the Owner, should any portion
of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be
construed more favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to
their benefit and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable
law, then the Construction Agreement "effective date" shall be the date on which the Town
Manager and Town Secretary or their designees have signed the Construction Agreement. If the
Town Manager and Town Secretary sign on different dates, then the later date shall be the
effective date.
ROADWAY SOLUTIONS, INC.
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: Town Manager
Date: Date:
Address: 1425 Crescent Dr.
Carrollton, Texas 75006
Phone: (972) 245-2244
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
_________ day of ___________________, A.D. 20____, a copy of which is attached hereto and
made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
BID NO. 2018-11-B
PROSPER TRAIL AND COIT ROAD TRAFFIC SIGNAL
in the Town of Prosper, Texas, as more particularly described and designated in the
above-referenced contract such contract being incorporated herein and made a part
hereof as fully and to the same extent as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance
with the Plans, Specifications and Contract Documents during the original term thereof and any
extension thereof which may be granted by the Beneficiary, with or without notice to the Surety,
and during the life of any guaranty or warranty required under this Contract, and shall also well
and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of said Contract that may hereafter be made, notice of
which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or
replace all defects due to faulty materials and workmanship that appear within a period of one (1)
year from the date of final completion and final acceptance of the Work by Owner; and, if the
Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and
damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully
reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in
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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
($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the
United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents. The penal sum of this Bond shall automatically be increased
by the amount of any Change Order or Supplemental Agreement, which increases the Contract
price, but in no event shall a Change Order or Supplemental Agreement, which reduces the
Contract price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into
a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day
of _________________, A.D. 20___, a copy of which is attached h ereto and made a part
hereof, to furnish all materials, equipment, labor, supervision, and other accessories
necessary for the construction of:
BID NO. 2018-11-B
PROSPER TRAIL AND COIT ROAD TRAFFIC SIGNAL
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in the above-referenced Contract
and any and all duly authorized modifications of said Contract that may hereafter be made, notice
of which modification to the Surety is hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue
shall lie in Collin County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the Contract,
or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying
the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder.
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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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MAINTENANCE BOND
STATE OF TEXAS )
)
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________
whose address is________________________________________________, hereinafter
referred to as “Principal,” and ___________________________________, a corporate
surety/sureties organized under the laws of the State of ____________ and fully licensed to
transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether
one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of
___________________________________ DOLLARS ($_______________) (one hundred
percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner,
its successors and assigns, for the payment of which sum well and truly to be made, we bind
ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly
and severally; and firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper,
dated on or about the _____ day of ________________________, 20____, to furnish all permits,
licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
BID NO. 2018-11-B
PROSPER TRAIL AND COIT ROAD TRAFFIC SIGNAL
in the Town of Prosper, Texas, as more particularly described and designated in the above-
referenced contract, such contract being incorporated herein and made a part hereof as fully and
to the same extent as if written herein word for word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and
workmanship and of such kind and quality that for a period of two (2) years from the completion
and final acceptance of the improvements by Owner the said improvements shall require no
repairs, the necessity for which shall be occasioned by defects in workmanship or materials and
during the period of two (2) years following the date of final acceptance of the Work by Owner,
Principal binds itself to repair or reconstruct said improvements in whole or in part at any time
within said period of time from the date of such notice as the Town Manager or his designee shall
determine to be necessary for the preservation of the public health, safety or welfare. If Principal
does not repair or reconstruct the improvements within the time period designated, Owner shall
be entitled to have said repairs made and charge Principal and/or Surety the cost of same under
the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein
contracted to be done and performed for a period of two (2) years from the date of final acceptance
and do and perform all necessary work and repair any defective condition (it being understood
that the purpose of this section is to cover all defective conditions arising by reason of defective
materials, work or labor performed by Principal) then this obligation shall be void; otherwise it
shall remain in full force and effect and Owner shall have and recover from Principal and its Surety
damages in the premises as provided in the Plans and Specifications and Contract.
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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.]
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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
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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
with the conditions of these permits and/or license agreements as if they were a
part of the Contract Documents.
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(j) Existing Utilities and Structures: The location of existing utilities shown on the plans
are based on the interpretation of the best available information and are not
warranted by the OWNER or ENGINEER. It shall be the responsibility of the
CONTRACTOR to verify and/or locate the various locations of pertinent utilities
prior to or during construction. If any utility or irrigation system is broken by the
Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own
expense, the damaged line and restore it to its functional use.
(k) Right of Entry: The OWNER reserves the right to enter the property or location on
which the works herein contracted for are to be constructed or installed, by such
agent or agents as he may elect, for the purpose of inspecting the work, or for the
purpose of constructing or installing such collateral work as said OWNER may
desire. The CONTRACTOR shall conduct his work so as not to impede
unnecessarily any work being done by others on or adjacent to the site.
(l) Collateral Contracts: The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically
excluded from this contract, in such manner as not to delay the progress of the
work or damage said CONTRACTOR, except where such delays are specifically
mentioned elsewhere in the Contract Documents.
(m) Objections and Determinations: The ENGINEER shall determine all claims
disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the work or the interpretation of
the Contract Documents. The ENGINEER'S decision shall be rendered in writing
within a reasonable time and shall be binding.
(n) Owner-Engineer Relationship: The duties, responsibilities and limitations of
authority of the ENGINEER during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the
OWNER and ENGINEER. The ENGINEER will advise and consult with the
OWNER, and OWNER'S instructions to the CONTRACTOR may be issued
through the ENGINEER as if they were issued by the OWNER directly.
GC.04 CONTRACTOR RESPONSIBILITIES:
(a) Contractor Independence: The CONTRACTOR is and at all times shall remain an
independent contractor, solely responsible for the manner and method of
completing his work under this contract, with full power and authority to select the
means, method and manner of performing such work, so long as such methods do
not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed
improvements to the Contract Documents.
(b) Assignment and Subletting: The CONTRACTOR agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract
and that he will not assign by Power of Attorney, or otherwise, or sublet said
contract without the written consent of the OWNER or ENGINEER, and that no
part or feature of the work will be sublet to anyone objectionable to the ENGINEER
or the OWNER. The CONTRACTOR further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
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contract, shall not relieve the CONTRACTOR from his full obligations to the
OWNER, as provided by this Agreement.
(c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this
contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER, either before or after the execution of this contact,
shall affect or modify any of the terms or obligations herein contained.
(d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety
of himself, his employees and other persons, as well as for the protection of the
safety of the improvements being erected and the property of himself or any other
person, as a result of his operations hereunder. CONTRACTOR shall be fully and
completely liable, at his own expense, for design, construction, installation and
use, or non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or property,
including, without limitation, the adequacy of all temporary supports, shoring,
bracing, scaffolding, machinery or equipment, safety precautions or devices, and
similar items or devices used by him during construction
(e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to
the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent and any necessary assistants.
The superintendent shall represent the CONTRACTOR in his absence and all
directions given to him shall be as binding as if given to the CONTRACTOR.
(f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this
contract, to do the work; and agrees that whenever the OWNER or ENGINEER
shall inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged from
the work and shall not again be employed on the work without the OWNER’S or
ENGINEER'S written consent.
(g) Contractor’s Buildings: The building of structures or the erection of tents or other
forms of protection will be permitted only for use as temporary office space or for
storage of materials, equipment, and supplies and only at such places as the
OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory
to the OWNER or ENGINEER. At no time shall employees or agents of the
CONTRACTOR occupy such facilities except in conjunction with performance of
the Work.
(h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines,
trees, shrubbery, lawns and other improvements during the progress of his work
and shall remove from the site all debris and unused materials.
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(i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by
the CONTRACTOR in such manner and at such points as shall be approved by
the OWNER or ENGINEER, and their use shall be strictly enforced.
(j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be
responsible for the care, preservation, conservation, protection and replacement
of all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid, or not paid for such work, or whether
OWNER has taken possession of completed portions of such work, until the entire
work is completed and accepted.
(k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the
CONTRACTOR arising out of the nature of the work to be done, or from the action
of the elements, or from any unforeseen circumstance in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the CONTRACTOR at
his own cost and expense.
GC.05 PROTECTION OF PERSONS AND PROPERTY:
(a) Protection Against Claims: If any person files a claim against the OWNER,
OWNER’s Agent or CONTRACTOR for personal injury or property damage
resulting from, arising out of, or caused by, the operations of the CONTRACTOR,
or any Work within the limits of the Project, the CONTRACTOR must either submit
to the OWNER a duly executed full release within thirty (30) calendar days from
the date of written claim, or immediately report the claim to his liability insurance
carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply
with this provision within the stipulated time limit, it will be automatically deemed
that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In
Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s
liability insurance carrier. This provision is in and of itself a Power of Attorney from
the CONTRACTOR to the OWNER, which authorizes the OWNER to take said
action on behalf of the CONTRACTOR without the necessity of the execution of
any other document. If the CONTRACTOR fails to comply with the provisions of
this item, the OWNER, at its own discretion, may terminate this contract or take
any other actions it deems appropriate. Any payment or portion thereof due the
CONTRACTOR, whether it is a final payment, progress payment, payment out of
retainage or refund payment may be withheld by the OWNER. Bankruptcy,
insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not
exonerate the CONTRACTOR from liability.
As a result of the additional work created to OWNER due to non-response of claims
for damages by CONTRACTOR to third parties, CONTRACTOR shall incur
penalties for failure to abide by this Special Condition.
The CONTRACTOR shall respond to the claimant in writing regarding the status
of the claim, including whether CONTRACTOR disputes the claim, wishes to settle,
or will notify its liability insurance carrier regarding the claim. CONTRACTOR will
be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to
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the claimant as described above within thirty (30) calendar days of its written notice
of claim by the City.
To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied
correspondence of responses or settlement by CONTRACTOR.
(b) Protection Against Accidents to Employees and the Public: The CONTRACTOR
shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of
Federal, State, and Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide
such machinery guards, safe walkways, ladders, bridges, gangplanks, and other
safety devices. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the CONTRACTOR, acting at his discretion as an
independent contractor.
(c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to
communicate with the adjacent or adjoining property owners and protect the
adjacent or adjoining property or properties in any way encountered, which might
be injured or seriously affected by any process of construction to be undertaken
under this Agreement, from any damage or injury by reason of said process of
construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjoining property.
(d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay
all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal
agreement with the patentee or owner.
(e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any
imminent threat to persons or property arising from or in relation to performance of
the Work. Failure to promptly correct any threat to persons or property may result
in a temporary suspension of work until such time as the threat is resolved.
GC.06 PROSECUTION AND PROGRESS:
(a) Time and Order of Completion: It is the meaning and intent of this contract, unless
otherwise herein specifically provided, that the CONTRACTOR shall be allowed to
prosecute his work in such manner as shall be most conducive to economy of
construction; provided however, that the order and the time of prosecution shall be
such that the work shall be Substantially Completed as a whole and in part in
accordance with this contract, the plans and specifications, and within the time of
completion designated in the Proposal; provided, also, that when the OWNER is
having other work done, either by contract or by his own force, the ENGINEER
may direct the time and manner of constructing the work done under this contract,
so that conflict will be avoided and the construction of the various works being
done for the OWNER shall be harmonized.
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The CONTRACTOR shall submit prior to beginning work, with each pay estimate,
and at other such times as may reasonably be requested by the OWNER or
ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the several
parts.
(b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday
through Saturday, excluding holidays. Working hours are enforced by the Town
of Prosper Police Department. Any variance to these working hours must be
requested by the CONTRACTOR in writing at least two weeks in advance and will
require approval from the OWNER upon positive recommendation of the
ENGINEER.
(c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the
work by any act or neglect of the OWNER or ENGINEER, or of any employee of
either, or by other contractors employed by the OWNER, or by changes ordered
in the work, or by strikes, lockouts, fires, and unusual delays by common carriers,
or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the
OWNER and ENGINEER decides such cause justifies the delay, then an extension
of time sufficient to compensate for the delay as determined by the OWNER or
ENGINEER shall be allowed for completing the work; provided, however, that the
CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of
the cause of such delay.
(d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of the
work embraced in this contract. In case said work shall be stopped by the act of
the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
(e) Liquidated Damages: The time of completion is of the essence for this Contract.
For each day that any work shall remain uncompleted after the time specified in
the Contract or in an executed Change Order, including milestone completion
dates, substantial completion, and final completion, the OWNER may deduct the
following sum from monies due to the CONTRACTOR for each day the work
remains uncompleted:
GC.07
Amount of Contract Amount of Liquidated Damages
Less than $50,000 $100 per day
$50,000 to $100,000 $150 per day
$100,000 to $500,000 $200 per day
$500,000 to $1,000,000 $250 per day
$1,000,000 to $5,000,000 $500 per day
Greater than $5,000,000 $750 per day
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GC.08 CONTROL OF WORK AND MATERIAL:
(a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER
or ENGINEER, with such promptness as to cause no delay in his own work or in
that of any other contractor, four (4) checked copies, unless otherwise specified,
of all shop and/or setting drawings and schedules required for the work of the
various trades, and the OWNER or ENGINEER shall pass upon them with
reasonable promptness, noting desired corrections. The CONTRACTOR shall
make any corrections required by the OWNER or ENGINEER, file with him two
corrected copies and furnish such other copies as may be needed. The OWNER’S
or ENGINEER'S approval of such drawings or schedules shall not relieve the
CONTRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the OWNER’S or ENGINEER'S attention to such
deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S
responsibility to fully and completely review all shop drawings to ascertain their
effect on his ability to perform the required contract work in accordance with the
plans and specifications and within the contract time.
Such review by the OWNER or ENGINEER shall be for the sole purpose of
determining the sufficiency of said drawings or schedules to result in finished
improvements in conformity with the plans and specifications, and shall not relieve
the CONTRACTOR of his duty as an independent contractor as previously set
forth, it being expressly understood and agreed that the OWNER or ENGINEER
does not assume any duty to pass upon the propriety or adequacy of such
drawings or schedules, or any means or methods reflected thereby, in relation to
the safety of either person or property during CONTRACTOR'S performance
hereunder.
(b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any
road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his
own cost and expense furnish, erect and maintain temporary traffic control devices
and shall take such other precautionary measures for the protection of persons or
property and of the Work as are necessary. A sufficient number and arrangement
of temporary traffic control devices shall be erected to keep vehicles and persons
from entering on or into any work under construction. The CONTRACTOR's
responsibility for the maintenance of barricades, signs and lights, and for providing
watchmen, shall not cease until the project has been accepted by the Owner.
All temporary traffic control devices shall be clearly visible at all times of day and
night. Signs and barricades shall constructed of retro-reflective sheeting, and
cones and other channelizing devices shall have retro-reflective banding. All
temporary traffic control devices shall comply with and have the meanings
prescribed by the Texas Manual of Uniform Traffic Control Devices.
The Contractor shall at all times coordinate the closing of any section of road, alley,
sidewalk, trail, or other public space with the OWNER or ENGINEER. When such
a closing is anticipated to have a duration longer than one (1) hour, the
CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to
the OWNER or ENGINEER for review and approval.
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The CONTRACTOR shall be held responsible for all damage to the Work due to
failure of barricades, signs, to protect it, and whenever evidence is found of such
damage, the OWNER or ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR at his cost and expense.
(c) Public Convenience: Materials stored about the Work shall be so placed, and the
Work shall at all times to be so conducted, as to cause no greater obstruction to
the traveling public than is considered necessary by the OWNER. The
CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and
private driveways for the free passage of pedestrians and vehicles provided that
where free passage is impractical or unnecessary in the opinion of the OWNER,
the CONTRACTOR may make arrangements satisfactory to the OWNER for the
diversion of traffic and shall, at his own expense, provide all material and perform
all work necessary for the construction and maintenance of such diversions. The
materials excavated, and the construction materials or plant used in the
construction of the Work, shall be placed so as not to endanger the Work or prevent
free access to all public and private utilities and related appurtenances.
The OWNER reserves the right to remedy any neglect on the part of the
CONTRACTOR as regards to the public convenience and safety which may come
to its attention after twenty-four (24) hours notice in writing the CONTRACTOR,
save in cases of emergency, when it shall have the right to remedy any neglect
without notice; and in either case, the cost of such work done by the OWNER shall
be deducted from monies due or to become due to the Contractor.
(d) Testing of Materials: Testing and inspection of materials required by the
specifications shall be performed by a commercial testing laboratory selected by
the CONTRACTOR and approved by the OWNER. Except as otherwise noted,
the costs of laboratory tests will be paid by the CONTRACTOR, including any
materials or specimens for testing. Any testing of material or workmanship
required due to failure will be paid for by the CONTRACTOR. This payment will
be made direct to the testing laboratory by the CONTRACTOR.
The CONTRACTOR shall furnish at his own expense, suitable evidence that the
materials he proposes to incorporate into the work are in accordance with the
specifications. Mill tests for reinforcing steel and cement will be acceptable if it is
definite that the test sheets apply to the material being furnished. Manufacturer's
or supplier's test results will be acceptable for such items as pipe, valves, hydrants
when it is definite that the material being furnished is in accordance with the
manufacturer's or supplier's specifications to which the test results apply.
Supplier's evidence of quality and gradation of asphaltic material will be acceptable
as long as the material is secured from the sources to which the evidence applies.
Should the CONTRACTOR fail to provide the above information, or should the
validity of the above information be called into question, the OWNER shall have
the right to require tests to be made by the OWNER's laboratory to obtain this
information and the cost therefore shall be borne by the CONTRACTOR or
deducted from monies owed by the OWNER to the CONTRACTOR.
(e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of
the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific
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applicability of a trench safety system to each field condition encountered on the
project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring
of the Occupational Safety and Health Administration's Standards and
Interpretations. It will be the Contractor's responsibility to identify the soil type and
to accurately adjust his trench safety methods according to the OSHA
requirements.
(f) Explosives: The use of explosives shall not be permitted.
GC.09 INSPECTION AND ACCEPTANCE:
(a) Inspection of Work: Inspection will be performed by representatives of the
OWNER, ENGINEER, other reviewing agencies, and their designees. It is the
intent of the OWNER to inspect all work on this project. The CONTRACTOR is
responsible for verifying with the OWNER, ENGINEER, or other reviewing
agencies when an inspector is and is not required. The CONTRACTOR shall
furnish the OWNER, ENGINEER, other reviewing agencies, and their designees
reasonable access and facilities for inspecting the Work and determining whether
or not the Work is in accordance with the Contract Documents
The CONTRACTOR shall be responsible for all costs associated with verifying the
acceptability of work completed without proper inspection, as directed by the
OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable,
the work may be ordered removed at the CONTRACTOR's expense.
(b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on
weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these
hours or on weekends or holidays may be subject to an inspection overtime fee
determined by the OWNER and ENGINEER. The CONTRACTOR is responsible
for determining inspection overtime rules of other reviewing agencies.
(c) Use of Completed Portions: The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work,
notwithstanding the time for completing the entire work or such portions may not
have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If
such prior use increases the cost of or delays the work, the CONTRACTOR shall
be entitled to such extra compensation, or extension of time, or both, as the
OWNER or ENGINEER may determine.
(d) Defects and their Remedies: If the Work or any portion thereof, or any material
brought on the site of the Work for use in the Work or selected for the same, shall
be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with
the specifications, the CONTRACTOR shall, after receipt of written notice thereof
from the OWNER or ENGINEER, forthwith remove such material and rebuild or
otherwise remedy such work so that it shall be in full accordance with this contract.
(e) Preliminary Final Inspection: Upon substantial completion of the Work, the
CONTRACTOR shall request a preliminary final inspection of the Work by
representatives of the OWNER, ENGINEER, and other reviewing agencies. The
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OWNER or ENGINEER will provide written notice of any defects to the
CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in
accordance with the Contract Documents.
(f) Final Inspection: Upon completion of all items identified on the punch list, the
CONTRACTOR shall request a final inspection of the Work by representatives of
the OWNER, ENGINEER, and other reviewing agencies. If additional defects are
noted, the CONTRACTOR shall promptly remedy such defects and repeat this
process. If the Work is found to be acceptable, the OWNER or ENGINEER will
provide written notice of Completion of the Work to the CONTRACTOR.
(g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or
ENGINEER such documentation as is necessary to insure that the work has been
completed, subcontractors and suppliers have been paid, any claims received
have been settled, and other documentation as required by the OWNER or
ENGINEER. If the documentation is found to be acceptable, the OWNER or
ENGINEER will issue a written notice of Acceptance of the Work to the
CONTRACTOR.
GC.10 MEASUREMENT AND PAYMENT:
(a) Estimated Quantities: The quantities of each item on the bid proposal blank
represent the approximate amount of work to be done. Final quantities actually
built will be determined and paid for by actual measurements on the ground of the
final work completed. Bidders are especially notified that no incidental items of
work will be paid for unless there appears an item in the proposal blank for such
work. It must be strictly understood that the prices bid are for complete and
acceptable work.
(b) Measurement: Quantities of individual items of work shall be based on the final, in-
place quantity of the item of work, measured or computed using the units specified
in the Proposal. Where a discr epancy in measured or computed quantities occurs
among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to
reconcile the discrepancy. If no reconciliation is possible, the determination of the
ENGINEER shall be used.
(c) Progress Payments: As close as practical to the end of each month in which work
has been performed, the CONTRACTOR shall prepare and submit to the OWNER
an application for payment showing as completely as practicable the total value of
the work done by the CONTRACTOR up to and including the last day immediately
preceding the date of such application and the value of all sound materials
delivered on the site of the work that are to be fabricated into the work.
The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review
CONTRACTOR'S application for payment, shall either approve or modify the total
value of the work done by CONTRACTOR and the value of materials delivered on
the site, and shall submit to OWNER such application for payment as approved or
modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S
recommendation affixed thereto within ten (10) business days following the receipt
of the application from CONTRACTOR.
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The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt
of the application from CONTRACTOR, less any amount held for retainage or
outstanding claims or defective work.
(d) Payment Withheld: The OWNER may withhold any payment otherwise due to the
CONTRACTOR. The amount of any withheld payment shall be as necessary to
protect the OWNER's interest in the following circumstances:
(i) unsatisfactory progress of the Work within the CONTRACTOR's control;
(ii) reasonable doubt that the Work can be completed for the unpaid balance;
(iii) failure of the CONTRACTOR to carry out orders of the OWNER;
(iv) defective work not remedied;
(v) the filing of a claim against the CONTRACTOR or reasonable evidence that
a claim will be filled against the CONTRACTOR;
(vi) failure of the CONTRACTOR to make payment to subcontractors or
suppliers for material and labor used in performance of the Work;
(vii) unsafe working conditions or threats to persons or property allowed to
persist by the CONTRACTOR;
(viii) failure of the CONTRACTOR to provide work schedules, invoices, or other
records requested by the OWNER;
(ix) use of subcontractors without the consent of the ENGINEER or OWNER;
(x) or, failure of the CONTRACTOR to keep current redline as-built drawings
at the job site or to turn redline as-built drawings over to the OWNER.
GC.11 EXTRA WORK AND CLAIMS:
(a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time
or from time to time, order additions, deletions or revisions to the work; such
changes will be authorized by written Change Order prepared by the OWNER for
execution by the CONTRACTOR. The Change Order shall set forth the basis for
any change in contract price, as hereinafter set forth for Extra Work, and any
change in contract time which may result from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which
has been prepared by the OWNER, the OWNER may in writing instruct the
CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved
therein, as hereinafter provided.
(b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the
work not inconsistent with the overall intent of the Contract Documents and not
involving an increase in Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized by the OWNER or ENGINEER involves
Extra Work and entitles him to an increase in the Contract Price, the
CONTRACTOR shall make written request to the OWNER or ENGINEER for a
written Field Order.
Any request by the CONTRACTOR for a change in Contract Price shall be made
in writing in accordance with the provisions of this section prior to beginning the
work covered by the proposed change.
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(c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra
Work is made shall be determined by one or more of the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of this paragraph shall apply and the "actual field cost" is hereby
defined to include the cost to the CONTRACTOR of all workmen, such as foreman,
timekeepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security Old Age Benefits and other payroll taxes, and, a rateable
proportion of premiums on Performance and Payment Bonds and Maintenance
Bonds, Public Liability and Property Damage and Workmen's Compensation, and
all other insurance as may be required by any law or ordinance, or directed by the
OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form
in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the OWNER or ENGINEER. The OWNER or
ENGINEER may also specify in writing, before the work commences, the method
of doing the work and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall
be determined by using 100 percent, unless otherwise specified, of the latest
schedule of Equipment Ownership Expense adopted by the Associated General
Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the written Change Order. The
fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall
cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced
within the "actual field cost" as herein defined; save that where the
CONTRACTOR'S Camp or Field Office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be
included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
OWNER or ENGINEER. In case any orders or instructions, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the OWNER or ENGINEER for written order authorizing such Extra
Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists
upon its performance, the CONTRACTOR shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method (C). The CONTRACTOR will
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thereby preserve the right to submit the matter of payment to a court of general
jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all
claims for payment for Extra Work.
GC.12 CONTRACT TERMINATION
(a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten (10) days after written notification from
the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders
of the OWNER or ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials or supplies then on the
job, but the same, together with any materials and equipment under contract for
the work, may be held for use on the work by the OWNER or the Surety on the
performance bond, or another contractor in completion of the work; and the
CONTRACTOR shall not receive any rental or credit therefore (except when used
in connection with Extra Work, where credit shall be allowed as provided for under
Section 6, Extra Work and Claims), it being understood that the use of such
equipment and materials will ultimately reduce the cost to complete the work and
be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for
completion hereinbefore provided for, within ten (10) days after service of such
notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
The OWNER may employ such force of men and use such machinery, equipment,
tools, materials and supplies as said OWNER may deem necessary to complete
the work and charge the expense of such labor, machinery, equipment, tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such moneys as may be due, or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of
this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OWNER; or
The OWNER under sealed bids, after five (5) days’ notice published one or more
times in a newspaper having general circulation in the county of the location of the
work, may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this contract. In the case of any
increase in cost to the OWNER under the new contract as compared to what would
have been the cost under this contract, such increase shall be charged to the
CONTRACTOR and the Surety shall be and remain bound therefore. However,
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should the cost to complete any such new contract prove to be less than what
would have been the cost to complete under this contract, the CONTRACTOR
and/his Surety shall be credited therewith.
When the work shall have been substantially completed the CONTRACTOR and
his Surety shall be so notified and Certificates of Completion and Acceptance shall
be issued. A complete itemized statement of the contract accounts, certified to by
the OWNER or ENGINEER as being correct, shall then be prepared and delivered
to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his
Surety, or the OWNER as the ca se may be, shall pay the balance due as reflected
by said statement, within fifteen (15) days after the date of such Certificate of
Completion.
After final completion of the work and in the event the statement of accounts shows
that the cost to complete the work is less than that which would have been the cost
to the OWNER had the work been completed by the CONTRACTOR under the
terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the
balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over the
CONTRACTOR and/or his Surety. Should the cost to complete the work exceed
the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount
due the OWNER within the time designated hereinabove, and there remains any
machinery, equipment, tools, materials or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials, shall be
mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in
any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety subject
only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the OWNER may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived
from such sale to the credit of the CONTRACTOR and his Surety. Such sale may
be made at either public or private sale, with or without notice, as the OWNER may
elect. The OWNER shall release any machinery, equipment, tools, materials, or
supplies, which remain on the work, and belong to persons other than the
CONTRACTOR or his Surety, to their proper owners.
(b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms
of this contract within ten (10) days after written notification by the CONTRACTOR,
then the CONTRACTOR may suspend or wholly abandon the work, and may
remove therefrom all machinery, tools and equipment, and all materials on the site
of work that have not been included in payments to the CONTRACTOR and have
not been wrought into the work. Thereupon the ENGINEER shall make an
estimate of the total amount earned by the CONTRACTOR, which estimate shall
include the value of all work actually completed by said CONTRACTOR, the value
of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the items of
this contract, and a reasonable sum to cover the cost of any provisions made by
the CONTRACTOR to carry the whole work to completion and which cannot be
utilized. The ENGINEER shall then make a final statement of the balance due the
CONTRACTOR by deducting from the above estimate all previous payments by
Item 9
PROSPER TRAIL AND COAT ROAD TRAFFIC SIGNAL
2018-11-B
PAGE 52
the OWNER and all other sums that may be retained by the OWNER under the
terms of this Agreement and shall certify same to the OWNER who shall pay to the
CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER
of such certified final statement.
(c) Termination of Contract in Case of National Emergency: Whenever, because of a
national emergency, so declared by the President of the United States or other
lawful authority, it becomes impossible for the Contractor to obtain all of the
necessary labor, material and equipment for the prosecution of the work with
reasonable continuity for a period of two (2) months, the Contractor shall within
seven (7) days notify the Owner in writing, giving a detailed statement of the efforts
which have been made and listing all necessary items of labor, material and
equipment not obtainable. If, after investigation, the Owner finds that such
conditions exist and that the inability of the Contractor to proceed is not attributable
in whole or in part to the fault or neglect of the Contract, then if the Owner cannot
after reasonable effort assist the Contractor in procuring and making available the
necessary labor, materials, and equipment within thirty (30) days, the Contractor
may request the Owner to terminate the contract and the Owner shall within thirty
(30) days comply with the request, and the termination shall be based on a final
settlement, which shall include, but not be limited to, the payment for all work
executed.
Item 9
Page 1 of 2
To: Mayor and Town Council
From: Steve Glass P.E., Deputy Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Engineering
Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas,
related to the design of the Old Town Streets 2015 (Fifth, McKinley) project.
Description of Agenda Item:
As part of the FY 2017-2018 Adopted Budget, Town Council approved the funding for the design
and construction of improvements to Fifth Street and McKinley Street. The scope of this contract
includes: the design of a two-lane concrete section for McKinley Street from First Street to Fifth
Street, with preliminary design for parallel parking on both sides of the street, and the design of a
two-lane section on Fifth Street from the railroad right-of-way to Coleman Street with no preliminary
plans for parking at this time. The design will also include a storm drain system under McKinley
Street and a 12” water line along McKinley Street and Fifth Street.
At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified
engineering firms which included services for roadway design. Kimley-Horn and Associates, Inc., is
one of the firms included on the list.
Budget Impact:
The cost for the design work is $155,000.00. Funding for the design and construction of the project,
in the amount of $1,000,000 has been budgeted in account 750-6610-10-00-1513 ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering
Services Agreement as to form and legality.
Attached Documents:
1. Professional Engineering Services Agreement
2.Location Map
Prosper is a place where everyone matters.
ENGINEERING
Item 10
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the
Town of Prosper, Texas, related to the design of the Old Town Streets 2015 (Fifth, McKinley) project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design
of the Old Town Streets 2015 (Fifth, McKinley) project.
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 17
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES,
INC. FOR THE OLD TOWN STREETS 2015 (FIFTH, McKINLEY) PROJECT (1513 ST)
This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the
Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said
Town, hereinafter called “Town,” and Kimly-Horn and Associates, Inc. a North Carolina corporation,
acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant
providing professional services to Town. Town and Consultant when mentioned collectively shall be
referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the
Old Town Streets 2015 (Fifth, Mckinley) Project (1513 ST), hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its
execution by both Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall
perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated
herein as if written word for word. All services provided by Consultant hereunder shall be performed in
accordance with the degree of care and skill ordinarily exercised under the same or similar
circumstances by competent members of their profession in the locality. In case of conflict in the
language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement
signed by all Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services
and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to
cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the
foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further
defined in any specific task orders, in a manner consistent with these task orders; however, the Town
understands and agrees that Consultant is retained to perform a professional service and such services
must be bound, first and foremost, by the principles of sound professional judgment and reasonable
diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory
completion of all services included in this Agreement a total fee of One Hundred Fifty-Five and 00/100
Thousand Dollars ($155,000.00) for the Project as set forth and described in Exhibit B –
Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees
shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed
monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage,
copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per
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PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 17
month. These statements will be based upon Consultant's actual services performed and reimbursable
expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement
submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed
during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of
Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend
professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is
unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the
terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in
excess of the original proposed amount unless Town shall have approved in writing in advance (prior to
the performance of additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints,
special Town requirements, or other pertinent information known to Town, when necessitated by a
project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance
of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements, and
(v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use,
without independent verification and without liability, all information and services provided by Town or
Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and
receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and
documents prepared or assembled by Consultant under this Agreement and Town may use them without
Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating
to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings,
specifications and all other pertinent information for the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town
has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or
consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no
reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any
difference in Consultant’s costs occasioned by such substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force
throughout the duration of this Agreement applicable insurance policies as described in Exhibit C -
Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit
to Town proof of such insurance prior to commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO
RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS,
AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST
LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING,
BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY
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PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 17
OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT,
ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY
LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY
NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED
ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER
PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR
THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
10. Notices. Any notices to be given hereunder by either Party to the other may be affected
either by personal delivery, in writing, or by registered or certified mail to the following addresses:
Kimley-Horn and Associates, Inc.
L. Nathan Ante, P.E.
Vice President
2201 W. Royal Lane, Suite 275
Irving, TX 75063
Nathan.Ante@kimley-horn.com
Town of Prosper
Harlan Jefferson
Town Manager
121 W. Broadway
PO Box 307
Prosper, TX 75078
11. Termination. The obligation to provide further services under this Agreement may be
terminated by either Party in writing upon thirty (30) calendar days ’ notice. In the event of termination
by Town, Consultant shall be entitled to payment for services rendered through receipt of the
termination notice.
12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or
benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties.
Oral modifications to this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or
delegate their duties without the written consent of the other Party. This Agreement is binding on Town
and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any
personal liability on the part of any Town officer, employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed
under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the
benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in
this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this
Agreement shall be construed as if such provision had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest
requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,
Local Government Code, as amended, and will abide by the same. In this connection, a lawful
representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached
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PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 17
hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for
word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper,
Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of
this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories
agree to submit such disagreement to non-binding mediation.
18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding
to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or
proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable
costs and attorney’s fees on any appeal).
19. Signatories. Town warrants and represents that the individual executing this Agreement
on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant
warrants and represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind Consultant to same.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on the
_______ day of _______________________, 20____.
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Signature
G. Brad Tribble. P.E.
Printed Name
Senior Vice President
Title
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Harlan Jefferson
Printed Name
Town Manager
Title
Date
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 17
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE OLD TOWN STREETS 2015 (FIFTH, McKINLEY) PROJECT (1513 ST)
I. PROJECT DESCRIPTION
This project includes the preliminary design of the ultimate street paving, parking, storm, and
water improvements along McKinley Street (W. 1st Street to W. 5th Street) and the final design
and preparation of construction documents for the street paving consisting of 2-lanes of
concrete pavement (no curb) for McKinley Street , water and drainage improvements. (The
parking and curb inlets will not be designed or built as part of this project.) Additionally, W. 5th
Street from the railroad right-of-way to N. Coleman Street will be reconstructed to its existing
width with temporary concrete. The ultimate, preliminary design of W. 5th Street is not included
as part of this project.
Portions of the ultimate storm drain system will be designed along McKinley Street based on
the Old Town Core District Drainage Study and Report prepared August of 2014 (including
applicable revisions), as well as discussions with Town staff. Additionally, approximately 1,300
linear feet of 12” water line will be designed along 5 th Street and North Coleman Street as well
as 1,200 linear feet of 12” water line along McKinley. The project also includes survey
services, bid and construction phase services, and preparation of record drawings.
Sidewalks, parking, landscaping, irrigation, illumination design services, and developing
multiple bid sets are not included, but can be added upon request as Additional Services.
Additional Services shall be performed only upon written authorization of the Town.
II. TASK SUMMARY
Task 1 - Survey
1.1. Data Collection and Property Research (within the project limits)
1.1.1 Gather existing plat information
1.1.2 Collect property owner and record information
1.1.3 Gather existing right-of-way and easement information. Identify easements
available through typical research methodologies (i.e. plats, court house filings,
etc.). Undocumented easements may not be identified. Title research may be
performed as an additional service only upon written Town authorization.
1.1.4 Coordinate with Texas 811 to locate and mark existing franchise and public
utilities prior to performing the field survey.
1.1.5 Consultant shall arrange and make provisions for access to perform survey.
1.2. Design Survey
1.2.1 The survey will include the existing right-of-way width (approx. 60’) plus an
additional 20’ outside of the right-of-way. The following areas will be surveyed:
• 1,400 linear feet of McKinley Street (W. 1st Street to W. 5th Street)
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PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 17
• 1,500 linear feet of W. 5th Street (Railroad ROW to N. Coleman Street)
• Varying width swath along N. Coleman Street, from W. 5th Street to 7th
Street, approximately 800 linear feet
1.2.2 Perform field survey ground control
• Survey will be tied to recent survey performed along W. Broadway Street
1.2.3 Locate pertinent objects and above ground features within the survey limits,
typically including:
• Roadway pavement and driveways (including pavement type)
• Drainage structures (i.e. culverts, ditches, inlets, manholes, and outfalls)
• Utilities (signs or markers showing the presence of underground utilities,
valves, manholes, flowlines, meters, backflow preventers, vents, poles,
and guy wires)
• Large (6 inch diameter and up), significant trees (identify species and
caliper), and smaller trees and other plantings located within maintained
landscapes
• Mailboxes
• Fences (including material type) and gates
• Sidewalks
• Signs (roadway and private)
• Right-of-Way monumentation
1.2.4 Process survey data to create plan view base map of existing features.
Prepare a final topographic drawing in digital format (including contours and
breaklines) showing the features located in the field as well as boundary and
property information, an ASCII coordinate file of the points located in the field,
and a hard copy of the coordinates and feature descriptions
Task 2 – Preliminary Design (30%)
2.1. Project Management and Administration
2.1.1 Up to three (3) meetings with the Town staff and stakeholders
2.1.2 Project site visits
2.1.3 Develop project production plan
2.1.4 Develop and implement QC plan
2.1.5 Develop project schedule and interim milestones
2.1.6 Project correspondence and invoicing
2.2. Data Collection
2.2.1 Town Design Criteria (paving, drainage, utilities, streetscape, Old Town
requirements), Standard Details, Ordinances, and Master Plan documents
applicable to the project
2.2.2 Town Record Drawings
2.2.3 Prepare design criteria chart documenting the following:
• Pavement design parameters
• Horizontal alignment design criteria
• Vertical alignment design criteria
• Ultimate and interim typical section requirements (lane, median, sidewalk,
and parkway widths, etc.)
• Intersection design criteria
• Driveway design guidelines (commercial and residential)
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PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 17
• Drainage criteria
2.3. Roadway Design
2.3.1 Establish roadway centerlines
2.3.2 Prepare ultimate and interim typical sections
• Ultimate McKinley Street typical section will be based on the Old Town
Transportation Plan and the Town of Prosper standard pavement sections:
- McKinley Street – “Section F” – Two (2) 12’ travel lanes with two (2) 8’
parallel parking lanes
• Interim typical section will include two (2) 12’ travel lanes only
• Provide typical section for temporary concrete along W. 5th Street
- Pavement width with match existing asphalt section
2.3.3 Pavement section to be in accordance with Town standards. Geotechnical
investigation will not be provided.
2.3.4 Prepare one (1) ultimate roadway plan/alignment for McKinley Street showing
the ultimate and interim improvements
• Prepare preliminary plan and profile (roll plot format, 1”=100’ scale). Items
to be included:
Plan
▪ Existing right-of-way
▪ Existing topography
▪ Existing pavement
▪ Existing driveway locations
▪ Existing storm sewer locations
▪ Existing water line locations
▪ Existing sanitary sewer line locations
▪ Existing franchise utility locations (relying upon information
provided by franchise utilities)
▪ Proposed centerline alignment and horizontal curve data
▪ Proposed edge of travel lanes/pavement (ultimate)
▪ Proposed driveways (interim)
▪ Proposed transition pavement tie-ins to existing pavement
(interim)
▪ Proposed cross culverts and headwalls (interim)
▪ Proposed storm drainage system based on study performed by
Weir & Associates (to accommodate ultimate conditions)
▪ Proposed 12” water lines
▪ Ultimate curb / edge of pavement and parking
▪ Ultimate sidewalks
▪ Ultimate storm drain inlet locations
Profile
▪ Existing ground profile @ proposed top of curb and right-of-way
lines
▪ Proposed vertical alignment (top of ultimate curb)
▪ Approximate location of water and storm facilities (storm to be
based on Weir & Associates report)
2.4. Drainage Design
2.4.1 Compile hydrological and hydraulic data
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PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 17
2.4.2 Develop project drainage area map for proposed interim conditions
• Determine conveyance paths, channel slopes, time of concentration, and
runoff coefficients to calculate design-year flows for proposed interim
conditions
• Subdivide the overall drainage areas into sub-areas and calculate the
discharge to each future inlet. Analyze future inlet capacities and adjust
inlet locations and sub-areas as needed to meet Town design criteria
2.4.3 Analyze proposed interim drainage improvements to accommodate the interim
roadway (anticipated to be ditch grading and cross -culverts only). Evaluate the
need for any offsite drainage improvements and report to the Town (the need
for offsite improvements is not anticipated). The design of any offsite drainage
improvements will be considered as Additional Services
2.4.4 The size of the storm drain main in McKinley Street will be based on the
ultimate flow.
2.4.5 Laterals will be designed to intercept ultimate condition curb inlet flow;
however, ditch grading will be used to convey roadway flow in the interim
condition
2.4.6 If necessary driveway culverts along 5th Street will be replaced and bar ditches
will be regraded
2.4.7 Preliminary design of storm drain facilities will consist of plan view only
2.5. Water Line Design
2.5.1 Establish locations for the following proposed water line:
• 1,300 linear feet of 12” water line from the existing 12” line on the west side
of N. Coleman Street, south approximately 500 linear feet to W. 5th Street,
then turning west for approximately 800 linear feet along W. 5th Street to
the existing 12” water line at the extension of S. Crockett Street
2.5.2 Preliminary design of the water line will consist of plan view only
2.6. Franchise Utilities
2.6.1 Establish the location of existing public utilities based upon information
provided by the Town and field survey information
2.6.2 Establish the location of existing franchise u tilities based upon information
gathered from survey and franchisees. Identify potential conflicts with franchise
utilities. The Town shall perform the coordination with the franchisees if any
relocations are required. Consultant shall provide plan sets up on request for
franchise utility coordination purposes.
2.6.3 Identify potential Town utility conflicts
2.7. Traffic Design
2.7.1 Prepare pavement marking and signage preliminary layout (stop signs and
stop bars only)
2.7.2 Develop a construction sequence narrative considering the following:
• Travel lanes and construction areas for each phase of construction
• Vehicle detour routing and closures during construction
2.8. Compile and prepare a preliminary opinion of probable construction cost for the
project using recent average unit bid prices which are representative of similar types
of construction in the local area
2.9. Preliminary design submittal
2.9.1 Deliverables shall be as outlined in III. DELIVERABLES
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PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 17
Task 3 – Final Design (90% and Final)
This task includes the final, interim design of McKinley Street (W. 1st Street to W. 5th Street),
the temporary concrete section design of W. 5th Street (railroad right-of-way to N. Coleman
Street), the storm drain main and lateral extensions along McKinley Street, and the 12” water
lines.
3.1. Project Management and Administration
3.1.1 Up to two (2) meetings with the Town staff and stakeholders
3.1.2 Project site visits
3.1.3 Implement QC plan
3.1.4 Project correspondence and invoicing
3.2. General
3.2.1 Incorporate preliminary design submittal review comments
3.2.2 Prepare plan sheets (originals will be 22”x34” at a scale of 1”=20’ horizontal
and 1”=4’ vertical)
3.2.3 Prepare miscellaneous plan sheets (i.e. cover sheet, sheet index, etc.)
3.2.4 Prepare general notes and technical specification data. Identify and prepare
special specifications and/or special provisions applicable to the project.
3.3. Roadway Design
3.3.1 Finalize roadway plan and profile (travel lanes only)
3.3.2 Develop design cross-sections
• Develop on 50’ station intervals
• Show pavement, subgrade, right-of-way limits, side slopes, bar ditches,
and pavement cross slopes
• Cross-sections will be provided in the bid documents
3.3.3 Prepare roadway details to clarify intent of design
3.3.4 Compile applicable Town standard details. Modify standard details if needed.
3.4. Drainage Design
3.4.1 Prepare final sizing and alignment design for drainage ditches
3.4.2 Perform final storm sewer sizing and alignment design for interim driveway
culverts
3.4.3 Determine outfall grading requirements and provide plans and details for
channel protection (if applicable). Design of retaining walls and ga bion
mattresses (beyond specification of material/method) will be provided as
Additional Services only upon Town written authorization
3.4.4 Prepare plan and profile of the storm drain lines
3.4.5 Provide hydrologic and hydraulic calculations for the proposed storm drain
improvements
3.4.6 Prepare drainage details to clarify intent of design. Compile applicable Town
standard details. Modify standard details as needed
3.4.7 Create details for connections to existing system (where applicable)
3.4.8 Prepare erosion control plan for bidding purposes.
3.5. Water Line Design
3.5.1 Prepare plan and profile sheets for the 12” water lines
3.5.2 Compile applicable Town standard details. Modify standard details as needed.
3.6. Franchise Utilities
3.6.1 Continue to identify potential conflicts with existing franchise utilities. The Town
will perform the coordination with the franchisees if relocations are required.
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PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 17
Consultant shall provide plan sets upon request for franchise utility
coordination purposes
3.7. Traffic Design
3.7.1 Finalize traffic control and detour narrative and requirements and incorporate
them into the contract requirements for bidding purposes. Traffic control and
detour plans to be prepared by the Contractor
3.7.2 Compile applicable Town and TxDOT standard details.
3.7.3 Pavement Markers and Marking Plans
• Plans will consist of stop-control devices, stop bar locations, and
pedestrian signing/striping (if applicable)
• Lane delineation pavement markings will not be p roposed as part of this
project
• Prepare pavement markers and marking layouts in accordance with Town
design standards and the Texas Manual of Uniform Traffic Control
Devices (TMUTCD)
• Prepare details to clarify intent of design
• Compile applicable Town standard details. Modify standard details as
needed
• Signing layout and design will not be provided
3.8. Prepare Project Manual utilizing Town template
• Town of Prosper standard construction contract forms
• Notice to bidders
• Special instructions to bidders
• Bid form
• Standard construction contract
• Performance bond
• Payment bond
• Maintenance bond
• Certificate of insurance
• General conditions
• Special provisions
• Technical specifications
3.9. Compile and update the overall opinion of probable construction cost
3.10. Prepare opinion for construction duration using anticipated production rates applicable
to the local area
3.11. Final design submittal (90%)
3.11.1 Deliverables shall be as outlined in III. DELIVERABLES
3.12. Incorporate the final design submittal review comments
3.13. Prepare the final opinion of probable construction cost
3.14. Final design submittal (Final) (to be used by the Town for bidding)
3.14.1 Incorporate the final design submittal review comments
3.14.2 Deliverables shall be as outlined in III. DELIVERABLES
3.14.3 It is anticipated the following sheets will be included in the construction plans:
• Cover Sheet
• General Notes
• Dimensional Control
• Paving Plan and Profile
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 11 OF 17
• Typical Sections
• Cross Sections
• Drainage Area Map (Existing and Proposed)
• Drainage Calculations
• Storm Drain Plan and Profile
• Water Line Plan and Profile
• Traffic Control Narrative
• Pavement Marking and Signing
• Erosion Control
• Standard Construction Details for Paving
• Standard Construction Details for Drainage
• TxDOT Details (where applicable)
Task 4 – McKinley 12” Water Line Design
This task includes the preliminary and final design of a 12” water line along McKinley Street.
4.1. Conceptual Water Line Design
4.1.1 1,200 linear feet of 12” water line along the west side of McKinley Street from
W. First Street to W. 5th Street
4.1.2 Incorporate the design into the Task 3 Preliminary Design Submittal
4.2. Final Water Line Design (90%)
4.2.1 Prepare plan and profile sheets for the 12” water line
4.2.2 Incorporate the design into the Task 4 Final Design (90%) Submittal
4.3. Final Water Line Design (Final)
4.3.1 Incorporate the design into the Task 4 Final Design (Final) Submittal
Task 5 – Bid and Construction Phase Services
5.1. Town will issue bid documents to prospective bidders via electronic site, maintain a
list of bidders to whom bidding documents have been issued, and addenda as
appropriate to interpret, clarify, or expand the bidding documents. Assist the Town as
needed.
5.2. Attend the bid opening
5.3. Town to tabulate the bids received and evaluate the compliance of the bids received
with the bidding documents
5.4. Town to prepare a written summary of this tabulation and evaluation together with a
letter addressing the award of the construction contract
5.5. Final construction plan submittal (conformed sets) shall be as outlined in III.
DELIVERABLES
5.6. Construction Phase Services
5.6.1 Pre-Construction Conference. Prepare for and conduct the Pre-Construction
Conference prior to commencement of Work at the Site.
5.6.2 Shop Drawings and Samples. Review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information
given in the Contract Documents and compatibility with the design concept of
the completed Project as a functioning whole as indicated in the Contract
Documents. Such review and approvals or other action will not extend to
means, methods, techniques, equipment choice and usage, sequences,
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 17
schedules, or procedures of construction or to related safety precautions and
programs.
Task 6 – Record Documents
6.1. Consultant shall prepare construction Record Documents based on the information
received from the Contractor.
6.2. Record Documents submittal shall be as outlined in III. DELIVERABLES
III. DELIVERABLES
Task 1 – Survey • Digital Topographic Drawing
• ROW Strip Map Plan Sheet
Task 2 – Preliminary Design 30% Design
• Half size and full size roll plots (up to 3 of
each)
• Drainage Area Map (interim condition)
• Preliminary Opinion of Probable Construction
Cost
• PDF versions of 30% Submittal
Task 3 – Final Design
90% Design
• Half size and full size 90% plan sets (up to 3
of each)
• 90% Project Manual (up to 3 books)
• 90% Opinion of Probable Construction Cost
• PDF versions of 90% Submittal
Final Design
• Half size and full size of final (signed and
sealed) plan sets (up to 3 of each)
• Final (signed and sealed) Project Manuals (up
to 3 books)
• Final Opinion of Probable Construction Cost
• PDF versions of final Submittal
Task 4 – McKinley 12” Water Line 30% Design
• To be incorporated with Task 3 Submittals
90% Design
• To be incorporated with Task 4 Submittals
Final Design
• To be incorporated with Task 4 Submittals
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 17
Task 5 – Bid and Construction Phase
Services
• Half size and full size of final (signed and
sealed) conformed plan sets (up to 10 of each)
• Final conformed (signed and sealed) Project
Manuals (up to 6 books) for execution
following award
Task 6 - Record Documents • One (1) 22x34 bond copy of the record
drawings
• One (1) 22x34 mylar copy of the record
drawings
• One (1) PDF copy of each sheet of the record
drawings
• One (1) DWG of the record drawings base
map
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 14 OF 17
EXHIBIT B
COMPENSATION/PRICING SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS,
AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE OLD TOWN STREETS 2015 (FIFTH, McKINLEY) PROJECT (1513 ST)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed October 2017
Task 1 – Survey November 2017 $13,500
Task 2 – Preliminary Design (30%) January 2018 $50,000
Task 3 – Final Design (90% and Final) June 2018 $68,500
Task 4 – McKinley 12” Water Line June 2018 $10,000
Task 5 – Bid and Construction Phase Services August 2018 $6,000
Task 6 – Record Documents January 2019 $7,000
Total Compensation $155,000
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 – Survey $13,500
Task 2 – Preliminary Design (30%) $50,000
Task 3 – Final Design (90% and Final) $68,500
Task 4 – McKinley 12” Water Line $10,000
Task 5 – Bid and Construction Phase Services $6,000
Task 6 – Record Documents $7,000
Total Basic Services: $155,000
Special Services (Hourly Not-to-Exceed) Amount
None $0
Total Special Services: $0
Direct Expenses Amount
None $0
Total Direct Expenses: $0
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 15 OF 17
EXHIBIT C
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers,
Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing.
Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, represen tatives,
employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all
requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal
certificates shall also be supplied upon expiration.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims
made” forms are unacceptable, except for professional liability.
2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability
Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile
Liability is only required if vehicle(s) will be used under this contract.
4. Professional Liability, also known as Errors and Omissions coverage.
B. MINIMUM LIMITS OF INSURANCE
Service Provider shall maintain throughout contract limits not less than:
1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury,
personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Broad Form Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Broad Form Property Damage
2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the
State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease - Policy
Limit, and $100,000 Disease- Each Employee.
3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town.
Automobile liability shall apply to all owned, hired, and non-owned autos.
4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 16 OF 17
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as
“Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider,
products and completed operations of the provider, premises owned, occupied or used by the provider. The
coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers,
officials, employees or volunteers.
b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials,
employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its
officers, officials, employees, boards and commissions or volunteers.
d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is
brought, except to the insured’s limits of liability.
2. Workers Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and
volunteers for losses arising from work performed by the provider for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the
Town for all occurrences, except 10 days written notice to the Town for non-payment.
4. Professional Liability and / or Errors and Omissions:
“Claims made” policy is acceptable coverage which must be maintained during the course of the project , and up to two
(2) years after completion and acceptance of the project by the Town.
E. ACCEPTABILITY OF INSURERS
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. VERIFICATION OF COVERAGE
Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be
signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD
Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the
right to require complete, certified copies of all required insurance policies at any time.
Item 10
PROFESSIONAL SERVICES AGREEMENT PAGE 17 OF 17
EXHIBIT D
Kimley-Horn and Associates, Inc.
n/a
10/13/17
Item 10
Town of Prosper FY2017-2018 CIP Project-
Old Town Streets 2015 (Fifth, McKinley)
Item 10
Page 1 of 2
To: Mayor and Town Council
From: Dudley Raymond, RLA, Parks and Recreation Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – October 24, 2017
Agenda Item:
Consider and act upon approving Change Order Number 03, to Dean Electric dba Dean
Construction related to construction services for Frontier Park North Field Improvements; and
authorize the Town Manager to execute Change Order Number 03 for same.
Description of Item:
As the project is nearing completion, funds are available from unallocated contingency money
which could be utilized to incorporate additional items back into the project. Below are items that
staff recommends be incorporated into the Frontier Park North Field Improvements project.
Installing these items at this time will minimize costs and prevent a remobilization cost that may
be incurred if installed at a later time. The following changes are being proposed:
Item #1: Additional playground equipment (Add $4,372.72)
Prior to bidding, approximately $40,000 of playground equipment was value engineered for the
project to meet the budget. This value engineering included choosing smaller or less expensive
play features (such as making the glove lay flat rather than stand up) removing one baseball, one
animal and one hay bale. Staff requests additional playground equipment be incorporated back
into the project; specifically, play features designed for children with disabilities, yet can be
enjoyed by all. Staff continues to receive inquiries and requests for play features that meet the
needs of children with disabilities. The proposed items offer a different sensory experience.
Item #2: Playground shade structure (Add $44,000.00)
The initial design of the plaza area had a fabric shade structure over the playground area. This
was removed prior to awarding the contract to keep the project within budget. Staff feels that this
item is very desirable since it will provide shade for the children, as well as protection from foul
balls. Constructing the shade structure now is more cost effective and also easier to install during
current construction.
Due to the additional scope of work, the contractor is requesting 7 additional days be added to
the contract. Currently the substantial completion date to January 16, 2018.
Budget Impact:
Two previous change orders have been funded from the Contractors Contingency. These change
orders included needed items that did not change the scope of the project. They were items such
as the gravel parking lot, pedestrian lighting that Council requested when the CMAR pricing was
approved, irrigation modifications, a lift station and construction of the decomposed granite trail.
Prosper is a place where everyone matters.
PARKS AND RECREATION
Item 11
Page 2 of 2
The Contractors Contingency is currently $59,135.00 and the current Owners Contingency is
$76,255.00. Based on the staff recommended additions, the Owners Contingency (620-6610-60-
00-1603-PK) will decrease from $76,255.00 to $27,882.28. Staff recommends the use of the
Owners Contingency to fund these items so that the contract has sufficient funds available, if
needed, to fund any unforeseen items through the duration of the contract. Any unused portion
of the Contractors Contingency will not be billed and remains funds of the Town.
Attachments:
1. Change Order Number 03
2. Site map
3. Example of playground equipment
4. Example of shade structure
Town Staff Recommendation:
Town staff recommends that the Town Council approve Change Order Number 03, to Dean
Electric dba Dean Construction related to construction services for Frontier Park North Field
Improvements; and authorize the Town Manager to execute Change Order Number 03 for same.
Proposed Motion:
I move to approve Change Order Number 03, to Dean Electric dba Dean Construction related to
construction services for Frontier Park North Field Improvements; and authorize the Town
Manager to execute Change Order Number 03 for same.
Item 11
Prj. No.:1603-PK
Bid No.:2016-41-B
Prev Chg New
new
new 87 LS 0 1 1 4,372.72 4,372.72
new 88 LS 0 1 1 44,000.00 44,000.00
48,372.72
7
Issued by
By
Signature Date
332 Cal. Days Accepted by
10 CD
7CD
By
Signature Date
Unit
Cost
Contractor:
Description of Change:
1. To add additional playground equipment
2. To add a fabric shade structure over the playground area
February 1, 2017
$48,372.72
Previous Change Orders:
Current Change Order:
Change Order No. 3
CONTRACTOR COMPANY NAME
Original Contract Amount:
Previous Change Orders:
Current Change Order:
Revised Contract Amount:
Cost Adjustment this Change:
Original Contract Time:
TOWN OF PROSPER
$7,413,764.86
$0.00
Contract Start:
Time Adjustment this Change:
additional playground equipment complete and in place
fabric shade strucutre over playground area complete and in place
January 16, 2018
$7,462,137.58
Revised Contract Date:
The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change, whether said
costs are known, unknown, foreseen or unforeseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost,oranyothereffecton
changed or unchanged work as a result of this Change.
Project Name:Frontier Park North Field Improvements
Dean Electric DBA Dean Construction
mod/
new
Item
No. Description Unit
Quantity Cost
Change
Page 1 of 1
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