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03.12.19 Town Council Regular Meeting Packet
Page 1 of 3 ] Prosper is a place where everyone matters. AGENDA BRIEFING – EXECUTIVE CONFERENCE ROOM 1. Call to Order/Roll Call. 2. Questions about items listed on the Regular Meeting Agenda. 3. Discussion Items: • Downtown Festival Update (DR) THE REGULAR TOWN COUNCIL MEETING WILL CONVENE IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15 P.M. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Presentations: • US. Highway 380 Overpass Grand Opening Celebration (RB) 4. Announcements of recent and upcoming events. 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 – February 26, 2019 5b. Consider and act upon ratifying purchases from Odessa Pumps, related to the emergency replacement of three failed wastewater lift station pumps, and rebuilding two wastewater pumps to act as reserves. (FJ) 5c. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the North Central Texas Emergency Communication District and the Town of Prosper for regional 9-1-1 service. (DK) AGENDA Agenda Briefing and Regular Meeting of the Prosper Town Council Prosper Town Hall 200 S. Main Street, Prosper, Texas Tuesday, March 12, 2019 5:45 p.m. Page 2 of 3 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. ITEMS FOR INDIVIDUAL CONSIDERATION: 7. Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-75 (PD-75), generally to modify the Office District, on 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway. (Z18-0019) (AG) 8. Consider and act upon awarding Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorizing the Town Manager to execute a construction agreement for same. (PA) 9. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the City of McKinney, Texas, (on behalf of the McKinney Urban Transit District) and the Town of Prosper, Texas, related to the provision of transit services. (HW) 10. Consider and act upon the appointment of a Town of Prosper representative to the Board of Directors of the McKinney Urban Transit District. (RB) 11. Consider and act upon a request for a Façade Exception for 7-Eleven in Victory at Frontier, located on the southwest corner of Preston Road and Frontier Parkway. (MD19-0001) (AG) 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. 15. Adjourn. Page 3 of 3 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, March 8, 2019, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 6 ] Prosper is a place where everyone matters. AGENDA BRIEFING 1.Call to Order/Roll Call. The meeting was called to order at 5:49 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Engineering Services Director John Webb, Development Services Director Pete Anaya, Deputy Director of Engineering Services Chuck Springer, Executive Director of Administrative Services Dudley Raymond, Parks and Recreation Director Leslie Scott, Director of Library Services Kelly Neal, Finance Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief 2.Questions about items listed on the Regular Meeting Agenda. Regarding Item 7, the Council discussed the warranty information for the dispatch equipment. To reinstate the service agreement, the Town must make retroactive payments from prior years since the date of the warranty’s expiration. All other service agreements for the Town’s software programs are current. Regarding the railroad monitoring cameras, Town Manager Harlan Jefferson explained that the cameras are designed for outdoor use. Town staff will investigate whether the cameras are designed to record footage, or if they are for live feeds only. MINUTES Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, February 26, 2019 Item 5a Page 2 of 6 3. Discussion Items: • Downtown Festival Update (DR) Dudley Raymond, Parks and Recreation Director, updated the Council on plans for a festival in Downtown on May 24, 2019. The Town has engaged a professional event promotor to assist with planning the event. Mr. Raymond reviewed a preliminary site plan for the event, as well as options for entertainment, and food and beverage sales. The Council discussed options for the location of the stage, and the boundaries for alcohol sales in downtown. Town staff will continue to refine plans for the event to ensure there is adequate space, crowd control measures, and food and beverage service for the expected number of attendees. • Mobile Food Truck Park Policy (DR) This item was discussed after the Executive Session The Agenda Briefing adjourned at 6:18 p.m. THE REGULAR TOWN COUNCIL MEETING CONVENES IN COUNCIL CHAMBERS IMMEDIATELY FOLLOWING THE AGENDA BRIEFING, AT APPROXIMATELY 6:15 P.M. 1. Call to Order/Roll Call. The meeting was called to order at 6:25 p.m. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Herring of First Baptist Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3. Announcements of recent and upcoming events. Craig Andres read the following announcements: The Town invites residents and local businesses to participate in a survey related to high- speed internet service with in the Town. The results of the survey will be used to develop a Town-wide strategy to improve internet service. The survey link is available on the Town website and Facebook page, and will be distributed in the Resident Update. Paper copies are available at the reception desk at Town Hall. Mayor Ray Smith is asking residents to join him in the Prosper 100 Mile Challenge to promote community health and wellness. Registration and tracking sheets are available on the Town website or at Town Hall. Residents are challenged to walk, run, or bike 100 miles between February 15 and June 1. All ages are eligible to participate, and residents who complete the Challenge will be recognized at a Town Council meeting. The Overpass at US Highway 380 and Preston Road is expected to open tomorrow. To celebrate this milestone in our community, the Town will hold a Grand Opening Ceremony during the March 12 Town Council meeting. Representatives from TxDOT, the City of Item 5a Page 3 of 6 Frisco, the Collin County Commissioner’s Court, and our state legislators have been invited to attend. The Annual Spring Cleanup will take place on Saturday, March 30, from 8:00 a.m.-noon along Craig Road near Rucker Elementary. Residents may dispose of bulk trash items, electronics, household hazardous waste, yard debris, cardboard, and tires. Document shredding will also be available on site. For details on acceptable items, please visit the town website. 4. Presentations: • Presentation of the Government Finance Officer Association (GFOA) Award for Outstanding Achievement in Popular Annual Financial Reporting. (KN) Mayor Smith presented the award to Finance Director Kelly Neal and Communication Specialist Karolyn Short. 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 – February 12, 2019 5b. Consider and act upon Resolution No. 19-11 designating The Prosper Press as the official newspaper of the Town of Prosper, and The Dallas Morning News as an alternative advertising source, for Fiscal Year 2018-2019. (RB) 5c. Receive the November Financial Report. (KN) 5d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. Item 5a Page 4 of 6 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. ITEMS FOR INDIVIDUAL CONSIDERATION: 7. Consider and act upon amending Ordinance No. 18-71 (FY 2018-2019 Budget). (KN) Finance Director Kelly Neal presented this item before the Town Council. The proposed budget amendment will provide funding for the Town’s Railroad Monitoring Project, the Computer Aided Dispatch (CAD) service agreement, design services for the Downtown Monument Signage project, the Downtown Festival in May 2019, and two full-time positions related to the reorganization of the Engineering Department. Mayor Smith recognized Ken and JoAnna Weaver, who did not wish to speak, but expressed their support for the item, especially as it relates to the railroad monitoring project. After discussion, Councilmember Korbuly made a motion and Councilmember Hodges seconded the motion to approve Ordinance No. 19-12 amending Ordinance No. 18-71 (FY 2018-2019 Budget) to provide funding for increased expenditures in the General Fund. The motion was approved by a vote of 7-0. 8. Consider and act upon approving a Service Agreement with US Digital Designs for the reinstatement and purchase of hardware, firmware, and software for dispatch and the fire station alerting system. (SB) Fire Chief Stuart Blasingame presented this item before the Town Council. The service warranty for the Fire Department’s station-alerting vendor, US Digital Designs, is not current. In order to update the firmware/software, the Town needs to reinstate the service agreement for prior-year updates as well as fund the current service term. The reinstatement fee and the annual fee are payable retroactive to the date the warranties expired and are required to keep USDD in compliance with several contracts with other public safety agencies requiring equality in pricing. After discussion, Councilmember Miller made a motion and Councilmember Andres seconded the motion to approve the Service Agreement with US Digital Designs for the reinstatement and purchase of hardware, firmware, and software for dispatch and the fire station alerting system. The motion was approved by a vote of 7-0. 9. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Promoter Line, Inc., and the Town of Prosper, Texas, related to the Downtown Celebration. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. The proposed Professional Services Agreement will secure the services of Promoter Line to assist in the event planning, coordination, and management of the Item 5a Page 5 of 6 downtown celebration scheduled for May 24, 2019. Promoter Line was chosen because of their previous experience with similar events. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Andres seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Promoter Line, Inc., and the Town of Prosper, Texas, related to the Downtown Celebration. The motion was approved by a vote of 7-0. 10. Consider and act upon an ordinance adopting Section 5.00, “Paving and Subgrade Design Requirements” of the Town’s Engineering Design Manual. (DH) Senior Engineer Dan Heischman presented this item before the Town Council. The adoption of the Pavement and Subgrade Design Requirements increases the standards on new residential streets and thoroughfares by providing minimum parameters for Geotechnical Consultants to provide pavement and subgrade design recommendations for a given roadway project. It also addresses the different needs for the Town’s two geological formations, Eagle Ford and Austin Chalk. Throughout the process of developing the proposed standards, Town staff coordinated with the Prosper Developers Council (PDC) to determine a reasonable and practical set of guidelines and criteria. David Blom with The Tellus Group, the developer of Windsong Ranch, spoke on behalf of the Prosper Developers Council in support of the item, noting that the proposed ordinance will raise the paving standards without significantly raising the cost to developers. After discussion, Councilmember Korbuly made a motion and Councilmember Miller seconded the motion to approve Ordinance No. 19-13 adopting Section 5.00, “Pavement and Subgrade Design Requirements” of the Town’s Engineering Design Manual. The motion was approved by a vote of 7-0. 11. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the Town Hall Open Space Enhancement Phase 2 project. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. Prior to the opening of the Town Hall Facility, the Town Hall Open Space Enhancements Phase 1 project was completed. It consisted of removing the existing structures and undesirable landscaping immediately south of the Town Hall and installing sod and irrigation to create a nice open space. The scope of work for Phase 2 of the project includes three meetings with Town staff to discuss background information, scenario development and final conclusions. The Town Council will be briefed twice at key points during the project. Kimley-Horn will develop three different scenarios for the site. Based on the preferred scenario, Kimley-Horn will prepare a high-level Master Plan and cost estimate, as well as recommendations for the role of open space within the Downtown Area. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Miller seconded the motion to authorize the Town Manager to execute a Professional Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the Town Hall Open Space Enhancement Phase 2 project. The motion was approved by a vote of 7-0. Item 5a Page 6 of 6 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. 12c. Section 551.074 – To discuss and review the Town Manager’s performance evaluation. The Town Council recessed into Executive Session at 7:28 p.m. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 10:08 p.m. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to authorize the Mayor to execute an agreement for Town Manager services pursuant to the terms discussed in Executive Session. The motion was approved by a vote of 7-0. 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Parks and Recreation Director Dudley Raymond briefed the Council on a proposed policy to regulate food trucks within Town parks. He recommended the Town’s sports leagues enter into agreements with food truck vendors, and submit their preferred vendors to the Parks and Recreation Director for approval. The sports leagues will continue to operate the concession stands. 15. Adjourn. The meeting was adjourned at 10:13 p.m., on Tuesday, February 26, 2019. These minutes approved on the 12th day of March 2019. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: Frank E. Jaromin, P.E., Director of Public Works Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon ratifying purchases from Odessa Pumps, related to the emergency replacement of three failed wastewater lift station pumps, and rebuilding two wastewater pumps to act as reserves. Description of Agenda Item: On Friday, October 26, 2018, wastewater pump number two at La Cima Lift Station failed. The Purchasing Office issued emergency purchase order (PO) No. 19067 in the amount of $21,432.00 to Odessa Pumps to replace this Hydromatic submersible pump. On Monday, January 21, 2019, wastewater pump number one at La Cima Lift Station failed. The Purchasing Office issued emergency PO No. 19155 in the amount of $21,432.00 to Odessa Pumps to replace this Hydromatic submersible pump. On Friday, February 1, 2019, wastewater pump number two at the Public Works Lift Station failed. The Purchasing Office issued emergency PO No. 19158 in the amount of $21,432.00 to Odessa Pumps, for the replacement of this Hydromatic submersible pump. With three inoperative pumps, staff processed a change order to PO 19067 for expedited next-day delivery (“hot shot”) for one pump in the amount of $3,350.00. To maintain a working standby inventory, staff sent two of the younger Hydromatic submersible pumps to be-rebuilt. Rebuilding a pump is normally half to three-quarters of the price of a new pump, but a rebuilt pump has an equivalent running life. These pumps will be used when existing pumps are required to be removed and/or serviced. The Purchasing Office is preparing to issue two additional POs to Odessa Pumps for these rebuilds in the amounts of $11,093.81 and $14,516.77 respectively. Budget Impact: The purchases were funded from 200-6140-50-03 capital expense equipment. Budget transfers of $93,268.58 from 200-5480-50-03 contract services to 200-6140-50-03 were required. Prosper is a place where everyone matters. PUBLIC WORKS Item 5b Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the process under “Emergency” provisions within the Local Government Code. Attached Documents: 1. PO 19067 2. PO 19155 3. PO 19158 4. Rebuild Quote 213836 5. Rebuild Quote 213843 Town Staff Recommendation: Town staff recommends ratifying purchases from Odessa Pumps, related to the emergency replacement of three failed wastewater lift station pumps, and rebuilding two wastewater pumps to act as reserves. Proposed Motion: I move to ratify purchases from Odessa Pumps, related to the emergency replacement of three failed wastewater lift station pumps, and rebuilding two wastewater pumps to act as reserves. Item 5b 19067 PUBLIC WORKS Odessa Pumps TOWN OF PROSPER 2430 W Main St 601 W. FIFTH ST.Grand Prairie, TX 75050 PROSPER, TX 75078 1879 11/20/18 1 1 DUPLICATE OF S/N: 20061405003 21432.00 21,432.00 S59808 S4T7500M4-4 HYDROMATIC SUBMERSIBLE SEWAGE PUMP, 4in. DISCHARGE, 3in. SOLIDS HANDLING CAPACITY, 460/3, STD MECHANICAL SEALS, 50ft POWER CORD(13532-110-2 @ 12.75in. IMPELLER) - DUTY CONDS: 1000GPM @ 153ft TDH 2 1 ITEM 51884-000-7 TO BE 20061405003 PROVIDED IN ACCORDANCE WITH TERMS AND CONDITIONS OF QUOTE NO. 208457, AND TOWN OF PROSPER PO TERMS AND CONDITIONS. 3 1 Change Order to add: 20061405003 3350.00 3,350.00 Expedited Delivery fee 24,782.00 11/08/18 Item 5b 19155 PUBLIC WORKS Odessa Pumps TOWN OF PROSPER 2430 W Main St 601 W. FIFTH ST.Grand Prairie, TX 75050 PROSPER, TX 75078 1879 02/08/19 1 1 ITEM 51884-000-7: 20061405003 21432.00 21,432.00 DUPLICATE OF S/N S59808 S4T7500M4-4 HYDROMATIC SUBMERSIBLE SEWAGE PUMP, 4in. DISCHARGE, 3in. SOLIDS HANDLING CAPACITY, 460/3, STD MECH SEALS, 50ft POWER CORD (13532-110-2@12.75in. IMPELLER) DUTY CONDS: 1000GPM@153FT TDH 2 1 ITEM TO BE PROVIDED IN 20061405003 ACCORDANCE WITH TERMS AND CONDITIONS OF QUOTE NO. 212559 AND TOWN OF PROSPER PO TERMS AND CONDITIONS 21,432.00 01/31/19 Item 5b 19158 PUBLIC WORKS Odessa Pumps TOWN OF PROSPER 2430 W Main St 601 W. FIFTH ST.Grand Prairie, TX 75050 PROSPER, TX 75078 1879 02/12/19 1 1 ITEM 51884-000-07: 20061405003 21432.00 21,432.00 DUPLICATE OF S/N: S59808 S4T7500M4-4 HYDROMATIC SUBMERSIBLE SEWAGE PUMP, 4in. DISCHARGE, 3in. SOLIDS HANDLING CAPACITY, 460/3, STD MECH SEALS, 50ft POWER CORD (13532-110-2 @12.75in. IMPELLER) DUTY CONDS: 1000GPM@153FT TDH 2 1 ITEM TO BE PROVIDED IN 20061405003 ACCORDANCE WITH TERMS AND CONDITIONS OF QUOTE NO. 212559 AND TOWN OF PROSPER PO TERMS AND CONDITIONS 21,432.00 02/01/19 Item 5b ODESSA PUMPS - DFW QUOTE Number Date Page 213836 02/19/2019 1 TOWN OF PROSPER PO BOX 307 PROSPER TX 75078-0307 TOWN OF PROSPER 121 W BROADWAY ST PROSPER TX 75078-2731 Continued on next page ... (972) 522-1296 IRVING TX 75061-8807 Customer Copy QUOTE Bill-to:1798 Ship-to:01 Reference #Slsp Terms Whse Freight Ship Via 576584 907 NET 30 DAY 09 PRE/ADD DELIVER Quoted By:CPC Quoted To: AUBREY SMITH Effective: NONE Expires:03/21/2019 Item Description Ordered UM Price UM Extension S4T7500M4-4 SN# S00126824 DATE CODE 05/11 75 HP 1750 RPM 460 VOLT 3PHASE SERVICE SHOP PRIORITY CUSTOMER 1 EA .00 EA .00 MOTOR WORK REWIND/CABLE REPLACEMENT 1 EA 4676.81 EA 4676.81 STATOR REWOUND, LOOSE 2 FEET OF POWER CORD, REPALCE CONTROL CABLE ENTRY, NEW OVERLOADS, REPOT CORD CAP, NOTE 350 DOLLAR MOTOR INSPECTION CHARGE ON MOTOR REGARDLESS OF REPAIR. 517000687 SEAL KIT 1 EA 1907.00 EA 1907.00 084720025 SEAL FAILURE ASSEMBLY 1 EA 20.00 EA 20.00 009750101 RETAINING RING 1 EA 6.00 EA 6.00 009750141 RETAINING RING 1 EA 6.00 EA 6.00 08565A026 UPPER BEARING 1 EA 50.00 EA 50.00 000650231 LOWER BEARING 1 EA 675.00 EA 675.00 135321092 13" IMPELLER 1 EA 2300.00 EA 2300.00 048200111 WEAR RING SCREWS 4 EA 1.00 EA 4.00 5 GAL/32 WT MP R&O 32 OIL 2 EA 84.00 EA 168.00 ME1 MISCELLANEOUS PARTS QUOTE 1 EA 65.00 EA 65.00 CURRENT LABOR SERVICE SHOP SHOP LABOR 1 EA 246.00 EA 246.00 REPAIR LABOR SERVICE SHOP SHOP LABOR 1 EA 820.00 EA 820.00 Item 5b ODESSA PUMPS - DFW QUOTE Number Date Page 213836 02/19/2019 2 TOWN OF PROSPER PO BOX 307 PROSPER TX 75078-0307 TOWN OF PROSPER 121 W BROADWAY ST PROSPER TX 75078-2731 ... Last Page Merchandise Tax Total 11093.81 .00 $11093.81 (972) 522-1296 IRVING TX 75061-8807 Customer Copy QUOTE Bill-to:1798 Ship-to:01 Reference #Slsp Terms Whse Freight Ship Via 576584 907 NET 30 DAY 09 PRE/ADD DELIVER Quoted By:CPC Quoted To: AUBREY SMITH Effective: NONE Expires:03/21/2019 Item Description Ordered UM Price UM Extension LEAD TIME 3-4 WEEKS IF INCOMING FREIGHT 1 EA 150.00 EA 150.00 THANK YOU, CHASE CARAMANNA WE WOULD APPRECIATE YOUR BUSINESS!! Item 5b ODESSA PUMPS - DFW QUOTE Number Date Page 213843 02/19/2019 1 TOWN OF PROSPER PO BOX 307 PROSPER TX 75078-0307 TOWN OF PROSPER 121 W BROADWAY ST PROSPER TX 75078-2731 Continued on next page ... (972) 522-1296 IRVING TX 75061-8807 Customer Copy QUOTE Bill-to:1798 Ship-to:01 Reference #Slsp Terms Whse Freight Ship Via 576580 907 NET 30 DAY 09 PRE/ADD DELIVER Quoted By:CPC Quoted To: AUBREY SMITH Effective: NONE Expires:03/10/2019 Item Description Ordered UM Price UM Extension S4T7500M4-4 SN# S59808 DATE CODE 12/03 460 V 3 PHASE 75 HP 13" IMPELLER SERVICE SHOP PRIORITY CUSTOMER 1 EA .00 EA .00 MOTOR WORK REWIND/CABLE REPLACEMENT 1 EA 5645.77 EA 5645.77 REWIND STATOR, NEW OVERLOADS, RPOT JUNCTION BOX, REPLACE CABLES 55' EACH CONTROL AND POWER, REPOT CABLE ENTRY NOTE 350 DOLLAR MOTOR INSPECTION FEE REGARDLESS OF REPAIR, 084720025 SEAL FAIL PROBE 1 EA 20.00 EA 20.00 073980002 SEAL HOUSING 1 EA 738.00 EA 738.00 008290091 MACHINE SCREWS 4 EA 1.00 EA 4.00 136950003 WEAR RING 1 EA 862.00 EA 862.00 135321092 13" IMPELLER 1 EA 2300.00 EA 2300.00 029210011 FLAT HEAD SCREW 4 EA 3.00 EA 12.00 009750141 SNAP RING 1 EA 6.00 EA 6.00 009750101 SNAP RING 1 EA 6.00 EA 6.00 000650231 LOWER BEARING 1 EA 675.00 EA 675.00 08565A026 UPPER BEARING 1 EA 50.00 EA 50.00 011240021 5/8" JAM NUT 2 EA 1.00 EA 2.00 005890041 5/8" EYEBOLTS 2 EA 20.00 EA 40.00 517000687 SEAL KIT 1 EA 1907.00 EA 1907.00 151763007 LIFTING AIL KIT 1 EA 800.00 EA 800.00 ME1 MISCELLANEOUS PARTS QUOTE 1 EA 65.00 EA 65.00 Item 5b ODESSA PUMPS - DFW QUOTE Number Date Page 213843 02/19/2019 2 TOWN OF PROSPER PO BOX 307 PROSPER TX 75078-0307 TOWN OF PROSPER 121 W BROADWAY ST PROSPER TX 75078-2731 ... Last Page Merchandise Tax Total 14516.77 .00 $14516.77 (972) 522-1296 IRVING TX 75061-8807 Customer Copy QUOTE Bill-to:1798 Ship-to:01 Reference #Slsp Terms Whse Freight Ship Via 576580 907 NET 30 DAY 09 PRE/ADD DELIVER Quoted By:CPC Quoted To: AUBREY SMITH Effective: NONE Expires:03/10/2019 Item Description Ordered UM Price UM Extension 5 GAL/32 WT MP R&O 32 OIL 2 EA 84.00 EA 168.00 CURRENT LABOR SERVICE SHOP SHOP LABOR 1 EA 246.00 EA 246.00 REPAIR LABOR SERVICE SHOP SHOP LABOR 1 EA 820.00 EA 820.00 LEAD TIME 3-4 WEEKS IF INCOMING FREIGHT 1 EA 150.00 EA 150.00 THANK YOU, CHASE CARAMANNA WE WOULD APPRECIATE YOUR BUSINESS!! Item 5b Page 1 of 2 To: Mayor and Town Council From: Doug Kowalski, Police Chief Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the North Central Texas Emergency Communication District and the Town of Prosper for regional 9-1-1 service. Description of Agenda Item: As required by the Contract for 9-1-1 Services executed between the North Central Texas Emergency Communication District (NCT911) and the Town of Prosper, NCT911 shall execute Interlocal Agreements between itself and its member local governments relating to the planning, development, operation, provision of 9-1-1 services, the use of 9-1-1 funds, and adherence to applicable law. As a participant, the Town is required to execute the Interlocal Agreement with NCT911. The term of the agreement will be two years; however, since the district was formed as of December 3, 2018, the initial agreement will have a term ending date of September 30, 2019. Budget Impact: None Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the ILA as to form and legality. Attached Documents: 1. Interlocal agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between the North Central Texas Emergency Communication District and the Town of Prosper for regional 9-1-1 service. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between the North Central Texas Emergency Communication District and the Town of Prosper for regional 9-1-1 service. Prosper is a place where everyone matters. POLICE DEPARTMENT Item 5c INTERLOCAL AGREEMENT BETWEEN THE NORTH CENTRAL TEXAS EMERGENCY COMMUNICATIONS DISTRICT AND Town of Prosper FOR REGIONAL 9-1-1 SERVICE Section 1: Parties and Purpose 1.1. The North Central Texas Emergency Communications District (hereinafter “NCT9-1-1”) is a regional emergency communications district and a political subdivision of the State of Texas organized under the Texas Health and Safety Code, Subchapter H, Chapter 772, as amended. NCT9-1-1 has developed an annual budget to operate and maintain 9-1-1 service within the district. 1.2. Town of Prosper (hereinafter “Public Agency”) is a local government that operates one or more Public Safety Answering Points (“PSAPs”) that participate in NCT9-1-1 as authorized by Texas Health and Safety Code Chapter 772. 1.3. This Interlocal contract is entered into between NCT9-1-1 and Public Agency pursuant to Texas Government Code Chapter 791 so that it can operate and maintain its PSAPs, upgrade 9-1-1 equipment and train its personnel to participate in the Next Generation 9-1-1 emergency communications system in the District. For purposes of carrying out NCT9-1-1’s duties and obligations under this agreement, the parties understand and agree that references to NCT9-1-1 includes its employees, officers, directors, volunteers, agents (including North Central Texas Council of Governments – hereinafter “NCTCOG”), and their representatives individually, officially, and collectively. Section 2: Rights and Duties of the Public Agency The Public Agency will: 2.1. Financial/Insurance 2.1.1. Return or reimburse NCT9-1-1 any 9-1-1 funds used in noncompliance with applicable laws and/or rules within 60 days after discovery of noncompliance, unless an alternative repayment plan is approved, in writing, by both parties. 2.1.2. Reimburse NCT9-1-1 for damage to 9-1-1 equipment caused by intentional misconduct, abuse, misuse, or negligence by Public Agency employees or other persons granted access to the PSAP, as well as acts of force majeure. This provision does not include ordinary wear and tear or day-to-day use of the equipment. 2.1.3. Maintain accurate fiscal records and supporting documentation of all 9-1-1 funds distributed to Public Agency and all 9-1-1 funds spent by such Public Agency for 9-1-1 service, with specific detail for 9-1-1 funds received. 2.1.4. Purchase and maintain adequate insurance policies on all 9-1-1 equipment in amounts sufficient to provide for the full replacement of such equipment in cases of loss due to anything other than daily use and normal wear-and-tear. Public Agency shall name NCT9-1-1 as an Additional Insured or equivalent for all such insurance policies. 2.2. Inventory 2.2.1. Report any lost or stolen equipment to NCT9-1-1 immediately upon discovery. 2.2.2. Notify NCT9-1-1 30 days in advance of disposition of equipment due to obsolescence, failure, or other planned replacement. Item 5c Page 2 of 16 2.3. Security 2.3.1. Protect the Customer Premise Equipment (CPE), ancillary, and database maintenance/GIS equipment by implementing measures that secure the premises (including equipment room) of its PSAPs or addressing office against unauthorized entrance or use. 2.3.2. Operate within local standard procedures and take appropriate security measures as may be necessary to ensure that non-approved third-party software applications cannot be integrated into the PSAP(s)’ CPE/integrated or workstations. 2.3.3. Not attach nor integrate any hardware device (i.e. external storage devices) or software application without prior written approval of NCT9-1-1. Further, no unauthorized person shall configure, manipulate, or modify any hardware device or software application. Such authority can only be granted by NCT9-1-1. 2.3.4. Adhere to Health and Safety Code, Section 772.002(C), Confidentiality of Information. 2.3.5. Ensure each person who is authorized to receive, store, process, and/or transmit CPE information has a unique identification login and be logged into such equipment identifying their legitimacy for use. 2.4. Maintenance 2.4.1. Maintain 9-1-1 equipment and areas ensuring cleanliness. 2.4.2. Notify NCT9-1-1’s Technical Team when there is any scheduled maintenance on commercial power backup generators at least 48 hours prior to work commencing. 2.4.3. Notify NCT9-1-1’s Technical Team immediately of any power or generator outages. If the outage affects the 9-1-1 system, trouble reporting procedures should be followed. 2.4.4. (If administrative telephone system is integrated with NCT9-1-1 equipment) Maintain a contingency plan identifying the back-up solution for the administrative telephone system. If a contingency plan is not provided to NCT9-1-1 within 30 days of contract execution, NCT9-1-1 reserves the right to remove the administrative phone lines from the 9-1-1 equipment. 2.4.5. Notify NCT9-1-1’s Technical Team of technical issues immediately upon discovery. The Public Agency will utilize one of the following methods: a. Via telephone by calling (888) 311-3911 b. Via email to Support@NCT911.org c. Via the Trouble Ticket System (accessed by using the icon on the toolbar) d. Via the website at https://SCC.NCT911.org 2.4.6. Test generators at least monthly and conduct a load test at least once a year, to ensure that all NCT9-1-1 equipment remains functional. 2.5. Geographic Information Systems (GIS) / Data 2.5.1. Meet GIS requirements (Attachment A) in order to receive reimbursement. These requirements may be revised annually. If Public Agency cannot meet these requirements, the planned funds shall be used by NCT9-1-1 to procure/provide those services for Public Agency. 2.5.2. Acknowledge County Addressing Offices are responsible for coordinating GIS operations, policies and procedures with the cities in their county, as well as incorporating GIS data into the county datasets. 2.5.3. Provide and maintain GIS maintenance functions in return for funding through NCT9-1-1 and within the guidelines of the GIS Data Maintenance Model (Attachment B). At a minimum, Public Agency agrees to: a. Select a 9-1-1 Addressing Coordinator to serve as a single point of contact for NCT9-1-1. b. Assign street addresses and ranges, name streets, and resolve addressing conflicts and problems. County 9-1-1 Addressing Coordinator shall not allow for duplicate street and community names anywhere in the county. c. Provide a physical address to any citizen requesting it as long as doing so complies with local policies/procedures/ordinances. d. Establish efficient procedures for updating and maintaining all addressing data through review and revisions due to changes in Public Agency ordinances and/or subdivision regulations. Item 5c Page 3 of 16 e.Maintain addressing/database equipment and data. f.Adhere to Health and Safety Codes, Section 772.002 (C), Number and location identification in maintaining 9-1-1 and addressing databases. g.Protect the confidentiality of addressing databases and of information furnished by telecommunications providers and notify NCT9-1-1 in writing within two business days of the receipt of a request for addressing databases or information made under the Texas Public Information Act. h.Notify NCT9-1-1 in writing at least 30 days prior to a 9-1-1 office move. i.Respond to any database errors within in 72 hours of receipt. 2.6. Training 2.6.1. Schedule telecommunicators to receive 9-1-1 equipment training within 120 days of his/her hire date. 2.6.2. Ensure that telecommunicators receive TDD/TTY training every six months as mandated by the Department of Justice. 2.6.3. Ensure that 9-1-1 PSAP supervisory personnel or designee attend quarterly training/meetings offered by NCT9-1-1. A minimum attendance of two meetings per year are required for each PSAP. 2.6.4. PSAP Telecommunicators, Training Coordinators, Supervisors/Managers, and other essential personnel identified by the Supervisor/Manager are required to attend CPE training associated with the implementation of new technology software. This training will be completed during specific dates and times, but there is the option to attend at other times if PSAP scheduling does not allow personnel to attend their designated time slot. 2.6.5. Request the use of training facilities by sending an email to 911OperationsTeam@NCTCOG.org and specifying the date of request, time of request and type of resources needed such as Solacom or Criticall. 2.7. Facilities 2.7.1. Meet minimum requirement for back room requirements (Attachment C). Any expenses associated with this requirement are the responsibility of the Public Agency. 2.7.2. Ensure equipment room and 9-1-1 communications area maintain a temperature between 65-85 degrees Fahrenheit. 2.7.3. Ensure 9-1-1 equipment room and communications area complies with the Americans with Disabilities Act of 1990. 2.7.4. Provide access to NCT9-1-1 staff and contracted vendors that meet CJIS requirements on a 24/7/365 basis without prior notice. 2.8. Supplies 2.8.1. Purchase supplies such as printer paper, printer ink, cleaning materials, and other expendable items necessary for the continuous operations of its PSAPs. 2.9. Monitoring/Reporting 2.9.1. Maintain financial, statistical, and ANI/ALI records adequate to document performance, costs, and receipts under this contract in accordance with applicable records retention schedules. Public Agency agrees to maintain these records at Public Agency’s offices and provide or make available for inspection upon request by NCT9-1-1. 2.9.2. Cooperate fully with all reasonable monitoring requests from NCT9-1-1 for the purposes of assessing and evaluating Public Agency’s performance under this Agreement. 2.10. Media Relations 2.10.1. Refrain from commenting on social media, to the media, or to the public about 9-1-1 service other than that provided directly by Public Agency. Item 5c Page 4 of 16 2.10.2. Make every effort to communicate accurate information in social media posts and/or interaction with the media, specifically as it relates to NCT9-1-1. Public Agency must first coordinate with NCT9-1-1 before making comments on social media and/or speaking to the media regarding technology and/or service concerns. 2.10.3. Refer media directly to NCT9-1-1 for discussions related to NCT9-1-1 technology and other NCT9-1-1 program specific questions. 2.11. Operations 2.11.1. Sign the contingent PSAP agreement provided by NCT9-1-1 and provide annually as part of the site visit. Changes to contingent PSAPs must be approved by NCT9-1-1. 2.11.2. Designate PSAP supervisory personnel or a designee and provide related contact information (to include after hour contact information) as a single point of contact for NCT9-1-1. 2.11.3. Provide a minimum of 120 days’ prior notice of any change that affects the 9-1-1 system. 2.11.4. Test all 9-1-1 equipment for proper operation and user familiarity at least once per month, including tests for wireless calls, wireline calls, texts to 9-1-1 and TTYs. 2.11.5. Power cycles each 9-1-1 position at least once per each week. 2.11.6. Test all 9-1-1 TDD/TTYs for proper operation and to maintain user familiarity at least once per month. 2.11.7. Log all TDD/TTY calls and test calls. 2.11.8. Keep at least one 10-digit emergency telephone number that is not part of an automated system to be used for 9-1-1 transfer calls and default routing. These numbers shall be answered by a live person 24/7/365 and should have the ability to be call forwarded. Any change in the 10-digit emergency telephone number must be reported to NCT9-1-1 in writing. The number shall be provided to the public during 9-1- 1 outages (via notification system, website, social media and/or emergency management). 2.11.9. Notify NCT9-1-1 in writing at least 90 days prior to changing emergency services providers including medical, law enforcement, and fire. 2.11.10. Submit a signed Manual ALI Request form (Attachment D) to NCT9-1-1 annually and agree to use ALI lookup feature only in the handling and processing of an emergency telephone call. Have an emergency plan for 9-1-1 communications that includes, at a minimum, a. Emergency generator information and how to operate said generator b. Documented procedures for the transfer of administrative lines when the call center is evacuated. 2.11.11. Comply with NCT9-1-1 policy and procedures for PSAP moves and changes. 2.11.12. Report discrepancies to NCT9-1-1 utilizing the tools in the dispatch mapping solution with 72 hours. 2.11.13. Ensure that each Telecommunicator logs into the 9-1-1 software at the beginning of his/her shift and logs out at the end of his/her shift. 2.11.14. Protect the confidentiality of 9-1-1 database information and of information furnished by telecommunications providers, and notify NCT9-1-1 in writing within two business days of the receipt of the request for 9-1-1 database information made under the Texas Public Information Act. 2.11.15. Be responsible for all furniture, administrative telephones, copier machines, and administrative desktop computers located within the Public Agency’s operating area. Section 3: Rights and Duties of NCT9-1-1 NCT9-1-1 will: 3.1. Financial 3.1.1.Develop a plan to meet Public Agency needs for the establishment and operation of 9-1-1 service throughout the region served, according to standards established and approved by the NCT9-1-1 Board of Managers. 3.1.2.Provide 9-1-1 service throughout the region as funded by emergency service fees. Item 5c Page 5 of 16 3.1.3.Maintain accurate fiscal records and supporting documentation of all 9-1-1 activities including specific details of funds distributed to Public Agency. 3.2. Inventory 3.2.1.Conduct a physical inventory of critical hardware annually and reconcile inventory quarterly. 3.3. Maintenance 3.3.1.Practice preventative maintenance on all NCT9-1-1 owned or leased CPE database maintenance, software, and databases including, at a minimum, backing up data as necessary. NCT9-1-1 shall be responsible for any maintenance costs on NCT9-1-1 owned or leased equipment. 3.4. Operations 3.4.1.Inspect contingent PSAP agreements quarterly. 3.4.2. Implement upgrades of its PSAPs equipment and software, as authorized in the current annual budget, through the appropriate NCT9-1-1 processes for the purchase of new equipment and software. Section 4: Effective Date and Term of Contract 4.1. This Interlocal contract shall take effect upon dual execution and shall continue until September 30, 2019, unless sooner terminated under 8.1 Early Termination of Contract. Section 5: Ownership, Transference and Disposition of Equipment 5.1. NCT9-1-1 shall establish ownership of all 9-1-1 and ancillary equipment procured with 9-1-1 funds as defined herein, and located within the Public Agency’s jurisdiction. NCT9-1-1 may maintain ownership, or it may transfer ownership to Public Agency. Before any such transfer of ownership, NCT9-1-1 will evaluate the adequacy of controls of Public Agency to ensure that sufficient controls and security exist by which to protect and safeguard the equipment procured with 9-1-1 funds for the purpose of delivery of 9-1-1 calls. It is understood that the ancillary equipment may or may not be procured by NCT9-1-1 on behalf of Public Agency, according to NCT9- 1-1’s Strategic Plan. 5.2. The basic equipment categories are: a.9-1-1 Equipment •Customer Premise Equipment (CPE) – telephone equipment located at the PSAPs which may include telephones, integrated workstations, servers, ANI controllers, software, monitors, gateways, routers, and any other equipment necessary for 9-1-1 call delivery to the PSAP; •Telecommunications Device for the Deaf (TDD)/Teletypewriter (TTY) b.Database Maintenance/GIS Equipment •GIS workstations and software c.Ancillary Equipment •Uninterruptable Power Supply (UPS) •Recorders 5.3. Transfer-of-ownership documents shall be prepared by NCT9-1-1 and signed by both parties upon transference of ownership of any ancillary equipment. NCT9-1-1 shall maintain ownership of 9-1-1 CPE. Section 6: Relationship between the Parties, Assignment, and Subcontracting 6.1. Public Agency is not an employee or agent of NCT9-1-1, but provides services under this agreement as an independent contractor. Item 5c Page 6 of 16 6.2. Public Agency may not assign its rights or subcontract its duties, without prior written consent of NCT9-1-1. An attempted assignment or subcontract in violation of this agreement is void. 6.3. If NCT9-1-1 consents to Public Agency subcontracting its duties, each subcontract is subject to all terms and conditions of this agreement and the Public Agency agrees to furnish a copy of this agreement to each of its subcontractors. Section 7: Records and Monitoring 7.1. NCT9-1-1 is entitled to inspect and copy, during normal business hours at Public Agency’s office, the records maintained under this contract for as long as they are maintained. 7.2. NCT9-1-1 is entitled to visit Public Agency’s offices, talk to its personnel, and audit its applicable 9-1-1 records during normal business hours to assist in evaluating its performance under the contract. Section 8: Early Termination of Contract 8.1 NCT9-1-1 reserves the right to terminate this Agreement in whole or in part. Notice of termination shall be provided to Public Agency in writing, shall set forth the reason(s) for termination, and provide for a minimum of thirty (30) days to cure the defect(s). Termination is effective only in the event Public Agency fails to cure the defect(s) within the period stated in the notice subject to any written extensions. If the Agreement is terminated, Public Agency shall fully cooperate with NCT9-1-1 to ensure an orderly transition of services. Further, all equipment shall be returned to NCT9-1-1 in working condition and NCT9-1-1 shall only be liable for payment for services rendered before the effective date of termination. Certain reporting requirements in the Agreement shall survive termination. Section 9: Notice to Parties 9.1. Notice under this contract must be in writing and received by the party or his/her representative or replacement, to which the notice is addressed. Notice is considered received by a party when it is: a.Delivered to the party personally; b.On the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party’s address as specified in paragraph 14.2 and signed on behalf of the party; or c.Three business days after its deposit in the United States Mail, with first-class postage affixed, addressed to the party’s address specified in paragraph 14.2. 9.2. Notices shall be sent to the following address for each party: If to NCT9-1-1: If to Public Agency: PO Box 5888 Arlington, Texas 76005 Attn: Mike Eastland Section 12: General Provisions 10.1. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Tarrant County, Texas. Item 5c Page 7 of 16 10.2. Hold Harmless. To the maximum extent permitted by law, Public Agency shall defend, indemnify, and hold harmless NCT9-1-1, NCT9-1-1’s affiliates, NCTCOG and any of their respective directors, officers, employees, agents, subcontractors, successors, and assigns from any and all suits, actions, claims, demands, judgments, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Losses”) arising out of or relating to: (i) Services performed and carried out pursuant to the contract; (ii) breach of any obligation, warranty, or representation in the contract, (iii) the negligence or willful misconduct of Public Agency and/or its employees or subcontractors; or (iv) any infringement, misappropriation, or violation by Public Agency and/or its employees or subcontractors of any right of a third party. Public Agency shall name NCT9-1-1 and NCTCOG, including their representatives and agents, as additional insured under the Public Agency’s general liability insurance policy or membership agreement in any governmental risk pool or other similar entity with a duty to provide a defense, and which is provided by policy or membership agreement so that NCT9-1-1 and/or NCTCOG may seek coverage upon demand by NCT9-1-1 and/or NCTCOG in the event of a covered claim. 10.3. Limitation of Liability. In no event shall either party be liable for special, consequential, incidental, indirect or punitive loss, damages or expenses arising out of or relating to this Agreement, whether arising from a breach of contract or warranty, or arising in tort, strict liability, by statute or otherwise, even if it has been advised of their possible existence or if such loss, damages, or expenses were reasonably foreseeable. Notwithstanding any provision hereof to the contrary, neither party’s liability shall be limited by this agreement with respect to claims arising from breach of any confidentiality obligation, arising from such party’s infringement of the other party’s intellectual property rights, covered by any express indemnity obligation of such party hereunder, arising from or with respect to injuries to persons or damages to tangible property, or arising out of the gross negligence or willful misconduct of the party or its employees. 10.4. Procurement. Public Agency agrees to comply with all applicable federal, State and local laws, rules and regulations for purchases under this Agreement. Failure to do so may result in ineligibility and denial of reimbursement by NCT9-1-1. 10.5. Force Majeure. In the event that either party hereto is prevented from or delayed in the performance of any of its obligations hereunder by reason of force majeure, defined as acts of God, war, riots, storms, fires or any other cause whatsoever beyond the reasonable control of the party, the party so prevented or delayed shall be excused from the performance of any such obligation to the extent and during the period of such prevention or delay. The period of time applicable to such requirement shall be extended for a period of time equal to the period of time such Party was delayed. Each Party must inform the other in writing within reasonable time of the existence of such force majeure. Waive any duty NCT9-1-1 owes Public Agency by virtue of this agreement in the event any act, event, or condition adversely impacts the cost of performance of, or adversely affect the ability of NCT9-1-1 to perform any obligation under this agreement and if such act, event or condition, in light of any circumstances is beyond the reasonable control and is not a result of the willful or negligent act, error, omission, or failure to exercise reasonable diligence on the part of NCT9-1-1 such action or inaction shall not be construed as a breach of this agreement or a willful or negligent act, error, omission or lack of reasonable diligence on the part of NCT9-1-1 such action or inaction shall not be construed as a breach of this agreement or a willful of negligent act, error, omission or lack of reasonable diligence of NCT9-1-1. Circumstances included above, by way of example only, are: a. An act of God, landslide, earthquake, fire, explosion, flood, hurricane, tornado, sabotage, or similar occurrence, actions of a public enemy, terrorism, extortion, war, blockade, insurrection, riot or civil disturbance; b. The failure of any appropriate governmental agency or private utility to provide and maintain utilities; Item 5c Page 8 of 16 c.Any failure of title to the facilities or any placement or enforcement of any lien, charge, or encumbrance on the facilities or on any improvements thereon that is not consented to in writing by, or arising out of any action or agreement entered into by, either party to the Agreement; d.The inability of NCT9-1-1 and its subcontractors to gain and maintain access to all areas of the facilities and/or adjoining the facilities to work is required to be performed hereunder; e.The preemption, confiscation, diversion, destructions, or other interference by, on behalf, or with authority of a governmental body relating to a declared or asserted public emergency or any condemnation or other taking by eminent domain or similar action, in the possession of property, equipment, or materials located at the facilities, or in performance of the services to be performed by NCT9-1-1 hereunder; f.Strikes, work stoppages, or labor disputes affecting NCT9-1-1 and any subcontractor, excluding materials suppliers, of NCT9-1-1; g.With respect to NCT9-1-1, damage to the facilities caused by third parties not related to or under the control of NCT9-1-1, including, but not limited to, contractors and subcontractors for the NCT9-1-1; and, h.The failure of any NCT9-1-1 subcontractor or supplier to furnish services, materials or equipment on the dates agreed to, but only if such failure is the result of an event that would constitute Force Majeure if it affected NCT9-1-1 directly, and the NCT9-1-1 is not able after exercising all reasonable efforts to timely maintain substitutes. 10.6. Entire Agreement. This Agreement and any attachments/addendums, as provided herein, constitute the entire agreement of the parties and supersedes all other agreements, discussions, representations or understandings between the parties with respect to the subject matter hereof. 10.7. Availability of Funding. Public Agency acknowledges that NCT9-1-1’s sole source of funding for this contract is the 9-1-1 fees collected by service providers and remitted to NCT9-1-1. If fees sufficient to pay Public Agency under this contract are not paid to NCT9-1-1, the suspension of services will be effective 10 calendar days after Public Agency’s receipt of notice. Upon suspension of payment, Public Agency’s obligations under this contract are also suspended until NCT9-1-1 resumes receipt of funding. 10.8. Amendments. This Agreement may be amended only by a written amendment executed by both Parties, except that any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in Federal and State law or regulations or required by the funding source, are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. 10.9. Nondiscrimination and Equal Opportunity. Public Agency shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability, handicap, or national origin. 10.10. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, including but not limited to sovereign and governmental immunity. 10.11. Attorney Fees. If it becomes necessary for NCT9-1-1 to employ the services of any attorney(s) to enforce the provisions of this Agreement, Public Agency agrees that NCT9-1-1 shall be entitled to recover its reasonable attorney(s) fees and costs in addition to any other relief to which it may be entitled. Item 5c Page 9 of 16 10.12. Dispute Resolution. The parties to this Agreement agree to the extent possible and not in contravention of any applicable State or Federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. At the written request of either party, each party shall appoint one non-lawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to a mutually designated legal mediator. Each party shall pay half the cost of the mediation services The parties agree to continue performing their duties under this contract, which are unaffected by the dispute during the negotiation and mediation process. TOWN OF PROSPER NORTH CENTRAL TEXAS EMERGENCY COMMUNICATIONS DISTRICT By: By: Name: Name: Mike Eastland Title: Title: Executive Director Date: Date: Date of governing body approval: _______________________ Attachments: Attachment A: Requirements for Database and GIS Maintenance Attachment B: GIS Data Maintenance Model Attachment C: Equipment Room and Electrical Requirement Attachment D: Manual ALI Request Form Item 5c Page 10 of 16 Attachment A Requirements for Database and GIS Maintenance Only applies to County Addressing Authorities Updated: December 3, 2018 The “County” shall coordinate 9-1-1 GIS activities within the county’s jurisdictional boundaries including all municipalities to develop and enhance the 9-1-1 GIS coverage required for mapped ALI, and Next Generation 9-1-1 (NG9-1-1). Spatial Data Layers The 9-1-1 Addressing Coordinator must develop, compile and maintain current, seamless countywide coverage for the following layers: I. Address Structure Points II. Road Centerlines III. City Boundaries IV. County Boundaries V. Emergency Service Zones (ESZs) VI. Emergency Service Boundaries (ESBs) such as Fire, Law, EMS, and PSAP where applicable 1 VII. MSAG Community Boundaries VIII. Exchange Boundaries IX. Fire Hydrants X. Mile Markers XI. PSAP Point locations XII. Zip Code Boundaries (where possible) The County shall provide data to the NCT9-1-1 GIS Department with 100% complete attribution for all data features containing the following information: • Road centerlines spatially accurate to within + or – 10 feet verified by GPS, or digitized over spatially accurate Satellite or Aerial Imagery, and drawn in the correct direction for the corresponding address range; o The following fields at a minimum need to be attributed: Data Source User ID Date Modified Range information (Left From, Left To, Right From, Right To, High and Low) Pre-directional Street Name Road Type Post Directional (Suffix) Road Full Name Road Class ESN Left and Right County Left and Right State Left and Right 1 NCT9-1-1 will discuss editing procedures for Emergency Service Boundaries (ESBs) with the counties. In certain cases, editing of these layers will be disabled on county datasets. Item 5c Page 11 of 16 MSAG Community Left and Right Exchange Boundary Left and Right • Addressed Structure Points spatially accurate to within + or – 25 feet; • The following fields at a minimum need to be attributed: Data Source User ID Date Modified Structure Number Structure address Prefix (if applicable) Structure Road Name Structure Type Structure address Suffix (if applicable) Road Full Name Structure Full Name Structure Class (if applicable) Structure Type (if applicable) ESN Number MSAG Community Name Community Name Exchange Boundary Left and Right • City Boundary polygons spatially accurate to within + or – 50 feet of their true location • The following fields at minimum need to be attributed: Data Source User ID Date Modified City Name County Name • County Boundary polygons spatially accurate to within + or – 50 feet of their true location 2 • The following fields at minimum need to be attributed: Data Source User ID Date Modified County Name • Emergency Service Boundary (ESB) polygons • Based on the Next Generation 9-1-1 Requirements and Industry Standards 3, accuracy is paramount when editing the spatial properties of the ESB boundaries and attributing the fields. • NCT9-1-1 will need to work with each county on a case-by-case basis to resolve any spatial and attribute changes to the ESB boundaries and tables. • Emergency Service Zone (ESZ) polygons spatially accurate to within + or – 50 feet of their true location • The following fields at a minimum will be attributed: Data Source User ID Date Modified Emergency Service Number (ESN) ESN City Name ESN County Name Law Responders Fire Responders Medical Responders 2 NCT9-1-1 understands that this may not always be possible based on political decisions and surveyor error 3 NENA 08-003v1 and NENA 71-501v1 Item 5c Page 12 of 16 PSAP Name • 9-1-1 MSAG Community polygons spatially accurate to within + or – 50 feet of their true location. • The following fields at a minimum will be attributed: Data Source User ID Date Modified 9-1-1 Community Name County Name • Exchange Boundary polygons spatially accurate to within + or – 50 feet of their true location. • The following fields at a minimum will be attributed: Data Source User ID Date Modified Exchange Telco Name Exchange Name Exchange Tandem Name GIS Data Update Process The 9-1-1 Addressing Coordinator shall ensure that the 9-1-1 Child Replica Database is synchronized with the NCT9-1-1 Parent Database on a daily basis 4 using Web / Geodata Services hosted by NCT9-1-1. The 9-1-1 Addressing Coordinator shall be responsible for updating all GIS data in the county including municipalities within their jurisdiction as frequently as possible. Delta-MSAG Process The counties and cities GIS data is/will be the only authoritative data source for use in the Public Safety GIS database in the NCT9-1-1 region. The counties GIS Road Centerline data is converted to a “Geo-MSAG.” Once this conversion has taken place, all updates to the MSAG are managed by the “Delta Geo-MSAG” provisioning process. Due to the 72-hour turnaround time that exists with the existing MSAG/ALI process, the same 72-hour turnaround applies to GIS Road Centerline data. I.e., once a new road is requested, within 72-hours the relevant Road Centerline and the resulting Delta-MSAG must provision to all Public Safety Systems and the Relational Database Management System (RDBMS). The success of the Delta-MSAG process is dependent on County and City staff working collaboratively and ensuring timely updates to the NCT9-1-1 GIS Databases. Quality Control The 9-1-1 Addressing Coordinator shall perform Quality Control on their data prior to synchronizing the 9-1-1 Child Replica Database with the NCT9-1-1 Parent Database. The County shall resolve conflicts and problems related to the 9- 1-1 GIS data maintained by the County daily, and communicate issues with each of the municipalities within its jurisdiction as often as possible. If any matter arises in the GIS data which the County cannot resolve, the County must contact NCT9- 1-1 within three business days to determine the best course of action to resolve the issue 5. The 9-1-1 Addressing Coordinator shall adhere to the requirements outlined in the Enterprise Geospatial Data Management System (EGDMS) and all other NCT9-1-1 termed QA/QC methodology. Data Backup At a minimum, the County shall: Maintain weekly backup copies of critical 9-1-1 GIS data, stored on a removable media device within a secure location6. 4 NCT9-1-1 provides automated processes to ensure synchronization. In certain instances, the tools may not function as intended and a manual sync may need to be executed 5 NCT9-1-1 supplies QA/QC scripts, tools or services to assist the County 6 NCT9-1-1 will coordinate with each County Addressing Office to automate this backup process Item 5c Page 13 of 16 GIS and Addressing Standards The 9-1-1 Addressing Coordinator shall comply with NENA GIS and Addressing Standards, in particular, the following NENA documents can be used as a reference 7: o 02-014 o 02-015 o 71-501 o 08-502 The 9-1-1 Addressing Coordinator shall familiarize themselves with the following Next Generation 9-1-1 / i3 NENA Standards documentation: o 08-002 o 08-751 o STA-004.1-2014 NCT9-1-1 will supply documentation to each County Addressing Office that will assist the County in “Workflow” processes such as Standard Operating Procedures (SOPs). This documentation will be made available to the County Addressing Office via a secure website, USB device, or email, and updated on a regular basis. The County shall review this documentation and provide updates, recommendations, or comments to NCT9-1-1 as frequently as possible and at a minimum of once per quarter of the Financial Year. It is imperative that the documentation is updated by the County Addressing Coordinator to ensure the success of the 9-1-1 operations in the counties and the safety of its citizens. Communication and meetings The 9-1-1 Addressing Coordinator shall attend regularly scheduled meetings at NCT9-1-1. NCT9-1-1 will aim to host a 9-1- 1 GIS / Addressing meeting once per quarter, either at NCT9-1-1’s location or via virtual web technology. The 9-1-1 Addressing Coordinator shall track County Commissioner’s Court and City Council meetings that relate to development and improvement of GIS implementation for emergency services delivery. If an issue arises where either the County commissioner’s court or City Council takes a course of action that would interfere with or be inconsistent with the data development and maintenance procedures followed by the County, the County needs to notify NCT9-1-1 personnel within two business days. 7 A full list of all NENA Standards documentation can be found here: http://www.nena.org/?page=Standards Item 5c Page 14 of 16 Attachment B GIS Data Maintenance Model Only applies to County PSAPs The “County Data Maintenance Model” is designed to provide additional financial incentive for NCT9-1-1 Addressing Authorities with the purpose of ensuring GIS/database integrity and accuracy in the NCT9-1-1 region. Distribution of funds is calculated by quantifying GIS errors in the respective counties (Figure 1). Number of errors determines the “Payment Ratio Tier.” Payment Ratio Tier Current Errors Payment % I <=100 100 II <=250 75 III >250 50 Figure 1 Fund allocation involves a two-step process: Step 1) Total Annual Disbursement Potential is calculated per annum determining the total dollar amount a county is eligible to receive based on the highest Payment Ratio Tier. Step 2) Quarterly Distribution is determined by the Payment Ratio Tier a respective county is placed once GIS errors are quantified. This step is executed at the end of each fiscal quarter. Item 5c Page 15 of 16 Attachment C: Equipment Room and Electrical Requirements Backroom Equipment: There should be sufficient space to remove equipment from the backroom or 911 closet in the event of an upgrade or replacement of faulty equipment i.e. Removal of the UPS battery system, or large rack mounted servers. There should be elevator access to backroom equipment or 911 demarcation closets located upstairs. Fire Protection: Dry pipe high temperature type systems are recommended if sprinkler heads are to be located in the 9-1-1 equipment room. If possible, non-combustible material should be used for the room construction. Security Precautions: You may need to extend and improve existing building security to provide adequate protection for the 9-1-1 equipment. Electric locks or push button access code or card readers are not recommended unless you provide a battery backup system. Temperature and Humidity control: A stable ambient operating temperature of 72 degrees Fahrenheit is recommended. Maximum tolerances are from 59 to 86 degrees non-condensing. Air conditioning units must be able to handle the heat produced by the backroom equipment. For estimates on BTU output of the equipment, please consult with onsite installation personnel. Static Electricity: Static can damage circuitry permanently, interrupt system operation and cause lost data. To prevent static: The equipment room humidity must be constant. The room floor should not be carpeted. The room floor should be sealed, (preferably tiled), but not waxed. Lighting: Lighting must not be powered from the switch room service panel. Item 5c Page 16 of 16 Attachment D Manual ALI Request Form For reference only. To be sent as a separate agreement to Chief/Sheriff and Communications Supervisor. Updated: December 3, 2018 PSAP Name: _____________________________ Date: ______/_____/_______ This letter is to request that the “Manual ALI Query” feature be enabled at _______________________. (PSAP NAME) The 9-1-1 customer premises equipment (CPE) provided by NCT9-1-1 has been configured to allow manual queries, and is compatible with the manual ALI query protocol of NCT9-1-1 and the database provider. MANUAL ALI QUERY SERVICES WILL ONLY BE USED IN THE HANDLING OF EMERGENCY CALLS. All manual ALI queries must also be documented using the reason feature. This PSAP and the Telecommunicators with access to 9-1-1 fully understand and agree to comply with the terms and conditions set forth under which this feature may be provided. The NCT9-1-1 operations staff has access to a statistical report of Manual ALI Query per PSAP. Misuse of the proprietary ALI information may be cause for the termination of this feature for the PSAP. Acknowledgement signatures by authorized representatives of contracting 9-1-1 agency: _____________________________________________ ______________________________ Chief / Sheriff Date _____________________________________________ ______________________________ Communications Supervisor / Manager Date Item 5c Page 1 of 4 To: Mayor & Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend Planned Development-75 (PD-75), generally to modify the Office District, on 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway. (Z18-0019). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-75- Single Family, Office, and Retail Undeveloped Tollway District North Planned Development-36- SF-10/12.5 and Commercial Corridor Single Family Residential (Legacy Gardens) and Undeveloped Medium Density Residential Tollway District East Commercial Corridor Undeveloped Tollway District South Planned Development-66- Single Family and Retail Single Family Residential (Star Trail) and Undeveloped Medium Density Residential Tollway District West Planned Development-60- SF-10 Single Family Residential Low Density Residential In October 2015, the Town Council approved Planned Development-75 (PD-75) for a mixed use development including a Single Family-15 District, Retail District, and Office District. The Office District depicted three (3) buildings totaling 44,400 square feet and included elevations for the proposed buildings. The developer is now proposing to modify the Office District by revising Exhibit D to depict fourteen (14) smaller buildings totaling 67,392 square feet. Exhibit D1 provides additional detail Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 4 of the site and proposed improvements. The larger overall building square footage is allowed under the existing Development Standards, Exhibit C, which will not be amended. Existing Office District Exhibit D Proposed Office District Exhibit D Item 7 Page 3 of 4 Exhibit F shows the proposed Office District building elevations for the fourteen (14) office buildings. The proposed elevations comply with the existing Development Standards, Exhibit C, and the Office development standards of the Zoning Ordinance. Existing Office District Exhibit F Proposed Office District Exhibit F A revised Exhibit G has been provided that illustrates required tree and shrub planting for the revised office building configuration specifically along the western and northern property lines which abut single family residential zoned property. Town staff believes these amendments are reasonable and will allow the developer flexibility to construct an office development that will attract a broader customer base and yet maintain a high quality development. Therefore, staff recommends approval of the proposed amendments. Future Land Use Plan – The Future Land Use Plan recommends Tollway District for the property; the proposed amendment conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to existing Prosper Trail, an ultimate six- lane divided thoroughfare, future Shawnee Trail, an ultimate four-lane divided thoroughfare, and Dallas Parkway, an ultimate six-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer service will need to be extended to the property. Access – The property currently has access from Prosper Trail, future Shawnee Trail, and Dallas Parkway. Adequate access is provided to the property. Item 7 Page 4 of 4 Schools – This property is served by the Prosper Independent School District. It is not anticipated that a school site will be needed on this property. Parks – This property is not needed for a park. Environmental Considerations – There is 100-year floodplain on the property. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. Town staff has received one Public Hearing Notice Reply Form; not in opposition to the request. Attached Documents: 1. Location and Zoning Maps 2. Proposed Exhibits A, B, C, D, D1, E, F, and G 3. Public Hearing Reply Form Planning & Zoning Commission Recommendation: At their February 19, 2019 meeting, the Planning & Zoning Commission recommended the Town Council approve the request by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve the request. Proposed Motion: I move to approve the request to amend Planned Development-75 (PD-75), generally to modify the Office District, on 67.7± acres, located on the northwest corner of Prosper Trail and Dallas Parkway. (Z18-0019). Item 7 Z18-0019 PROSPER TRL DA L L A S P K W Y KI R K W O O D L N SH A W N E E T R L WYNNE AVE CARUTH DR LA K E T R A I L L N INWOOD LN AR M S T R O N G L N MA P L E W O O D D R RUSTIC LN PR E S C O T T D R SHENANDOAH ST STA R G A Z E R W A Y ST A R M E A D O W D R LO N G G R O V E L N PIN T A I L L N BIRDSONG LN BR O O K F I E L D D R BE V E R L Y D R FOXGLEN DR EU C L I D D R FOX RIDGE TRL OVE R L O O K D R SAGEBRUSH DR KINGS VIEW DR WHITE TAIL DR GE N T L E K N O L L L N I V Y G L E N C T RIVER ROCK LN WIN D R O C K L N QUAIL CREEK LNSO U T H G A T E L N CORAL RIDGE CT CARILLON PL ST A R L I G H T W A Y ±0 560 1,120280Feet Item 7 Z18-0019 PD-66 PD-36 PD-8 PD-33PD-66 PD-63 PD-75 PD-44 PD-35 PD-8 PD-66 PD-75 PD-60 PD-74 PD-75 SF O A R R CC C CC SF-10/12.5 SF-10 R SF MF CC SF-15 O SF-15 SF-10 CC SF-10 SF-15 CC PROSPER TRL DA L L A S P K W Y KI R K W O O D L N SH A W N E E T R L WYNNE AVE CARUTH DR L A K E T R A I L L N INWOOD LN A R M S T R O N G L N RUSTIC LN PR E S C O T T D R SHENANDOAH ST STA R G A Z E R W A Y ST A R M E A D O W D R LO N G G R O V E L N PIN T A I L L N BIRDSONG LN BR O O K F I E L D D R B E V E R L Y D R FOXGLEN DR EU C L I D D R FOX RIDGE TRL OVE R L O O K D R SAGEBRUSH DR RIDGECROSS RD WHITE TAIL DR GE N T L E K N O L L L N I V Y G L E N C T RIVER ROCK LN CLUB OAK CT QUAIL CREEK LN GO L D E N S U N S E T C T SO U T H G A T E L N CARILLON PL KO B Y C I R ST A R L I G H T W A Y ±0 560 1,120280Feet Item 7 Z18-0019 Item 7 Item 7 -Exhibit B- Statement of Intent I. Statement of Intent A. Overall Intent This 67 acre property is intended to be developed in a manner that will allow flexibility of uses within the categories of retail, commercial and residential zones. The development will include recreational and detention space and will grow into an active community of mixed uses. B. Description of Property Located at the northwest intersection of the Dallas Parkway and Prosper Trail, this 67.7 acre tract is owned by Avex Group. Shawnee Trail, a four (4) lane divided minor thoroughfare runs north and south through the middle of the property and will provide access to the proposed uses within the development. Driveway access for the development will also be taken off Prosper Trail on the southern boundary of the site and Dallas Parkway along the eastern boundary. A floodplain, open space and detention basin runs east and west through the site along the creek. With the exception of the existing 20 foot wide paving for Prosper Trail along the southern boundary, the subject property is currently vacant. To the north and west of the site is a proposed single family development, Legacy Crossing (PD-36 and PD-60). To the south is the proposed 880 acre Villages of Star Trail, a Planned Development (PD-66) which incorporates single family, office, retail and commercial zoning. Exhibit A and Exhibit D depict the location and boundary of the project. C. Description of Proposed Development The location of this project, at the intersection of a major highway and two thoroughfares, lends itself well for commercial, retail, and/or office development. A mixture of small pad sites, retail centers and large big box retail tracts will allow for a variety of uses, including banks, small offices, restaurants, grocery stores, etc. Additionally, with the site’s close proximity to residential developments, there is an opportunity for large single family lots in the northwest corner of the subject property. The proposed multiple uses are divided into three (3) main categories: office, retail and single family residential. As shown in Exhibit D, the portion of the property west of Shawnee Trail will be single family residential to the north and neighborhood service to the south. The eastern portion of the property, between the future Shawnee Trail and Dallas Parkway, is composed of retail and commercial uses. As mentioned in the previous section, a large east/west detention and open space area divides the property, creating two detention areas, +6.2 acres of detention/open space to the west of Shawnee Trail and +8.9 acres on the eastern side of it. As shown on Exhibit D, a hike and bike trail connecting to the trail in the neighboring development will extend through the property, along the creek. In addition to creating recreational opportunities within the development, the detention/open space areas provide a significant buffer between the residential and neighborhood service areas, as well as between the varying scales of the commercial development. II. Current Zoning and Land Uses A. Current Zoning Classification Between Dallas Parkway and the boundary of the proposed minor thoroughfare, Shawnee Trail, the current zoning is CC-Commercial Corridor District. To the west of the proposed minor thoroughfare boundary, the majority of the property is currently zoned SF-15. Item 7 1 B. Future Land Use Plan The Future Land Use plan designates the eastern portion of the property as Dallas North Tollway District and the western portion as Medium Density Residential. C. Compatibility with Comprehensive Plan The current designations shown on the Future Land Use map for this area, Medium Density Residential and Dallas North Tollway District, are defined within the Comprehensive Plan to include uses within the classifications of office, retail and residential. In regards to Medium Density Residential, the designation requires lot sizes with a range between 12,500 square feet and 20,000 square feet. In addition to the lot size, the density for Medium Density Residential zones is recommended to be between 1.6-2.5 dwelling units per acre. The average lot size on the proposed concept plan in approximately 15,000 square feet with an approximate density of 1.9 units per acre. This is within the parameters of both the proposed SF-12 zoning district as well as the standards set forth within the Comprehensive Plan. Within the area designated as the Dallas North Tollway District, the proposal of various retail, banking, and restaurant spaces throughout the development meets the intention of providing multiple uses that benefit residents, commuters and visitors of the area. As the area continues to grow and develop, the demand for such spaces will increase, and the location of the site at the intersection of the Tollway and a Minor Thoroughfare will create the convenient access that is conducive to the needs of everyone. Item 7 1 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 (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision Ordinance (As it exists or may be amended) shall apply. Tract A-Single Family 15 District A.1 Except as noted below, Tract A shall develop in accordance with the Single Family 15 District as it exists or may be amended. A.2 Uses. The site shall be limited to the following permitted uses. 1. Accessory Building 2. Day Care Center, In-Home C 3. Farm or Ranch 4. Home Occupation C 5. Homebuilder Marketing Center C 6. House of Worship 7. Model Home 8. Municipal Uses Operated by the Town of Prosper 9. Park or Playground 10. Private Street Development C 11. School, Public 12. Single Family Dwelling, Detached A.3 Density: Maximum of 2.5 dua, per gross acreage. A.4 Regulations 1. Minimum Side Yard – Ten (10) feet, fifteen (15) feet on corner adjacent to a side street 2. Minimum Front Yard – Thirty (30) feet, twenty five (25) on cul-de-sac lots 3. Minimum Rear Yard – Twenty (20) feet 4. Minimum Lot Area – a. A maximum of three (3) lots within Tract A may be less than 15,000 square feet. These lots must have a minimum square footage of thirteen thousand five hundred (13,500). b. Minimum average lot area of all lots within Tract A must be no less than fifteen thousand (15,000) square feet 5. Minimum Lot Width – One hundred (100) feet 6. Minimum Lot Depth – One hundred and thirty five (135) feet i. When located on a cul-de-sac, the lot depth may be a minimum of one hundred and twenty five (125) feet, so long as the minimum lot area is met 7. Minimum Dwelling Area – Two thousand (2,000) square feet 8. Maximum Impervious Coverage – a. The cumulative area of any driveway plus any impermeable surface area located between the front property line and any front building wall shall not exceed fifty (50) percent of the area between the front property line and any front building wall. The front wall of a j-swing wall can be used to meet the requirement. 9. Alternating Single Family Plan Elevations (Anti-Monotony) Item 7 2 a. A minimum of four (4) distinctly different home elevations shall be built on the same side of the street. Similar elevations shall not face each other. The same elevation shall not be within three (3) homes of each other on the same side of the street. b. Different exterior elevations can be met by meeting at least two of the following criteria: i. Different roof forms/profiles ii. Different façades consisting of different window and door style and placement iii. Different entry treatments such as porches and columns iv. Different number of stories 10. Open Space Requirements: a. Within the SF-15 District, a minimum of five (5) acres of open space is required. This space may include detention and floodplain areas and must contain landscaping and amenities where applicable. i. An eight (8) foot wide hike and bike trail connecting to the overall trail plan must be located with this area. ii. Landscaping (Trees and/or shrubs) must be planted along the northern edge of the hike and bike trail, between the trail and the back of the residential lots. 11. Additional Masonry Requirements: a. Excluding windows, any portion of an upper story facing a street shall be constructed of 100% masonry. b. Chimneys shall be clad with 100% clay fired brick, natural or manufactured stone or stucco. 12. Garage Requirements: a. In no instance shall a garage door directly facing a street be less than twenty five (25) feet from the property line. b. Garage doors directly facing a street shall not occupy more than fifty percent (50%) of the width of the front façade of the house. c. Garage doors directly facing a street shall be located a minimum of five (5) feet behind the main front façade of the house. d. Where a home has three (3) or more garage/enclosed parking spaces, no more than two (2) garage doors shall face the street, unless the garage doors are located behind the main structure. 13. Fencing Requirements: a. Privacy fences on single family residential lots shall be located a minimum of ten (10) feet behind the front elevation of the main building and shall not exceed eight (8) feet in height above grade. b. Wood fences shall be board on board with a top rail. A common fence stain color shall be established for the development by the developer/HOA. c. Fences adjacent to open space and hike and bike trails shall be ornamental metal, tubular steel or split rail. d. Fences on corner lots shall be ornamental metal, tubular steel or split rail. 14. Carports are prohibited. 15. Additional Tree Requirements. a. A minimum of two (2), four (4) inch caliper trees shall be planted in the side yard of a corner lot. Where more than two (2) trees are required per lot, the side yard corner lot trees may be used to meet the requirement. Item 7 3 Tract B Office District B.1 Except as noted below, Tract B shall develop in accordance with the Office District as it exists or may be amended. B.2 Uses. Uses shall be permitted in accordance with the Office District with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Public 2. Cemetery or Mausoleum 3. Civic/Convention Center 4. Commercial Amusement, Indoor 5. Golf Course and/or Country Club 6. Private Boarding School 7. Recycling Collection Point 8. Rehabilitation Care Institution 9. Restaurants with Drive-up or Drive-through service 10. School District Bus Yard 11. Sewage Treatment Plant/Pumping Station 12. Telephone Exchange 13. Utility Distribution/Transmission Facility 14. Water Treatment Plant B.3 Regulations 1. Lot Coverage – Maximum of thirty (30) percent a. Lot coverage is defined as the area covered by the building footprint 2. Maximum Floor Area – Ten thousand (10,000) square feet b. The maximum floor area may exceed ten thousand (10,000) square feet under either of the following conditions i. The entire structure is in excess of two hundred and fifty (250) feet from a residential lot. ii. The structure is separated from a residential lot by a public right of way 3. Landscape Buffer – a. A minimum of a twenty-five (25) foot landscape buffer shall be required when adjacent to any residential zoning district. i. Planting Standards within Buffer 1. Four (4) inch caliper large evergreen trees shall be planted every thirty (30) feet on center 2. Two (2) to three (3) inch caliper evergreen ornamental trees shall be staggered every fifteen (15) feet to provide a solid living screen. a. When the required open space for the planned development is located between the office and residential zones, it may count toward the required 25’ buffer, provided that the above mentioned landscape requirements are met. b. A minimum of a twenty-five (25) foot landscape buffer shall be required along Shawnee Trail and Prosper Trail i. Planting Standards within Buffer 1. One (1) – Four (4) inch caliber evergreen trees shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One (1) – Three (3) inch caliper ornamental tree shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. Item 7 4 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms with a minimum height of two (2) feet must be provided within the landscape buffer. 4. Façade Plan and Architectural Style Approval a. Upon submittal of the first Preliminary Site Plan and/or Site Plan, a detailed style/material plan shall be submitted along with the Façade Plan for Planning and Zoning Commission and Town Council approval. B.4 Design Guidelines 1. Architectural standards a. Buildings must be one hundred percent (100%) masonry, excluding windows, doors, trim and accent materials. i. Masonry materials include brick, stone, and/or stucco ii. The primary material shall be brick and/or stone. Stucco may be used as an accent not to exceed twenty percent (20%) of any exterior elevation. b. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G) c. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development d. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. e. No single finish shall cover more than eighty (80) percent of the front of any building f. Pitched Roofs are required for all development within Tract B i. Buildings less than 5,000 sq. ft. shall have a minimum roof pitch of 8:12 ii. Buildings less than 10,000 sq. ft. shall have a minimum roof pitch of 6:12 iii. Any building 10,000 sq.ft. or larger must have a minimum roof pitch of 4:12 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping. ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways. Item 7 5 Tract C Retail District C.1 Except as noted below, the Tract C shall develop in accordance with the Retail District as it exists or may be amended. C.2 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following: Permitted with Specific Use Permit: 1. Convenience Store with Gas Pumps as an Accessory Use a. Accessory gas pumps are only allowed as an accessory use to a big box tenant and are subject to the following development standards i. Accessory gas pumps must be located on the same lot as a big box tenant ii. Convenience store with gas pumps is permitted only within two hundred and fifty (250) feet of the right-of-way line of Dallas Parkway iii. Accessory gas pumps shall be located at least two hundred and fifty (250) feet from a property line of a residential lot iv. Canopies shall have pitched roofs (min. roof pitch of 4:12) and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the big box building v. Canopy support columns shall be fully encased with masonry materials that are complimentary to that used on the main building vi. The canopy band face shall be a color consistent with the main structure and may not be backlit or used as signage vii. Use shall be removed if closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations viii. A raised landscape planter of the same material as the masonry columns shall be provided at both ends of all pump islands Prohibited Uses: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement, Outdoor 5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station 8. Trailer Rental 9. Utility Distribution/Transmission Facility 10. Water Treatment Plant C.3 Regulations 1. Outdoor sales and display shall be permitted with a Specific Use Permit but are limited to a big box use and subject to the following conditions: a. Shall be located within twenty five (25) feet of the front of the main building b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes c. Shall not be displayed or stored on wooden crates, cardboard boxes, plastic cling wrap or in a fashion that resembles open storage of materials d. Permitted merchandise shall be seasonal and may include, but is not limited to: Christmas trees, flowers, landscaping materials, and outdoor furniture 2. Lot Coverage – Maximum of forty (40) percent a. Lot coverage is defined as the area covered by the building footprint 3. Drive-Thru Restaurants Item 7 6 a. Drive-Thru Restaurants may not be located on adjacent property and are limited to the following locations: i. No more than two (2) drive thru restaurants shall be permitted along the Dallas North Tollway/Dallas Parkway ii. No more than one (1) drive-thru restaurant shall be permitted along Prosper Trail b. No drive-thru restaurant shall be permitted any sooner than simultaneously with a certificate of occupancy that has been issued for the big box/anchor retail 4. Screening/Buffering a. A minimum of a twenty-five (25) foot landscape buffer is required along Prosper Trail and a minimum thirty (30) foot buffer is required along Dallas Parkway i. Planting Standards within Buffer 1. One (1) – Four (4) inch caliber evergreen tree shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 2. One (1) – Three (3) inch caliper ornamental tree shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. 3. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage. Where parking spaces face the right-of-way, a second row of shrubs may be required in order to further screen the parking lot from view. 4. In addition to the tree and shrub requirements, berms must be provided within the landscape buffer. The berms must range in height from two (2) feet to four (4) feet. A minimum of fifty (50) percent of the berms must be four (4) feet in height. b. In addition to all screening requirements listed in Chapter 4, Section 5 of the Town of Prosper Zoning Ordinance, a minimum of a thirty (30) foot landscape buffer is required when the rear elevation and/or loading zone of any retail use backs a major or minor thoroughfare. This space shall be made up of a mixture of traditional landscape and four (4) foot landscaped berms in order to adequately screen the area. i. Planting Standards within Buffer a. One large evergreen tree, a minimum of four (4) inch caliper, must be planted for every 20 linear feet of street frontage. b. Ten (10) gallon shrubs shall be provided at a rate of 10 shrubs per 30 linear feet of street frontage ii. A minimum of twenty (20) feet of the landscape buffer shall be exclusive of all utility easements, right turn lanes, drainage easements, and right of ways. None of the required trees and/or shrubs shall be located within any utility easement. C.4 Additional Standards 1. Elevation Review and Approval a. All development within Tract C must submit a detailed material/style plan along with the façade plan/elevations in order to define the architectural character of the property. This must be submitted at the time of Preliminary Site Plan and/or Site Plan approval and is subject to approval by the Town of Prosper Planning & Zoning Commission and Town Council. b. The design of any major tenant and/or attached retail component shall reflect the general concept developed in the conceptual elevations (Exhibit D). Changes to materials and architectural elements is permitted so long as the original character is maintained and all design guidelines specified within this document are adhered too. 2. Open Space/Detention Item 7 7 a. Within the Retail District, a minimum of six (6) acres of open space is required. This space may include detention and floodplain areas and will contain landscaping and amenities where applicable. i. An eight (8) foot wide hike and bike trail connecting to the overall trail plan will be located with this area ii. Planting standards a. One (1) – Four (4) inch caliper evergreen tree shall be planted per thirty (30) feet of linear frontage. These trees may be planted in groups with appropriate spacing for species. b. One (1) – Three (3) inch caliper ornamental tree shall be planted per thirty (30) linear feet of frontage. These trees may be planted in groups with appropriate spacing for species. c. A minimum of fifteen shrubs with a minimum size of five (5) gallons each shall be planted in the landscape area for every thirty (30) feet of frontage d. It is intended that all plant types promote a natural landscape. Where possible, the planting shall be in accordance with the general planting style as shown in Exhibit F-1. b. Detention/Retention a. Detention located within the Floodplain must meet all Town of Prosper, FEMA and all other applicable regulations C.5 Design Guidelines 1. Architectural standards a. Buildings must be one hundred percent (100%) masonry, excluding windows, doors, trim and accent materials i. Masonry materials include brick, stone, and/or stucco ii. The primary material shall be brick and/or stone. Stucco may be used as an accent not to exceed 20% of any exterior elevation. b. The style of all buildings must be consistent and in keeping with the style of the entire Planned Development as shown on the conceptual elevations (Exhibit G) c. All materials and exterior colors shall be compatible with those used throughout the development as well as any similar developments adjacent to the Planned Development d. Building articulation is required on all elevations. This may be achieved through recessed or projecting architectural elements, variation in roof line, etc. e. No single finish shall cover more than eighty (80) percent of the front of any building. f. Pitched Roofs are required for all Pad Sites in Tract C i. Buildings less than 5,000 sq. ft. shall have a minimum roof pitch of 8:12 ii. Buildings less than 10,000 sq. ft. shall have a minimum roof pitch of 6:12 iii. Any building 10,000 sq.ft. or larger must have a minimum roof pitch of 4:12 2. Screening a. Service, Mechanical and Utility Equipment i. All service, mechanical and/or utility equipment shall be completely screened from public view by architectural screens, fences and/or landscaping ii. Trash cans and dumpster locations shall be permanently fenced or screened with enclosures rendering these functions hidden from public view. These enclosures shall be reinforced masonry and must match the materials used on the primary structure. Solid metal gates a minimum of six (6) feet in height must be provided. iii. When possible, all service areas and mechanical equipment shall be located at the rear of the building and out of view of the roadways Item 7 P.O.B. P-1 P-2 P-3 P-3 P-4 R-2 R-2 R-3 R-4 R-5 OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT C R E EK CENTERLINE 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) 60 ’ R . O . W . 90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) DA L L A S N O R T H T O L L W A Y PROSPER TRAIL SH A W N E E T R A I L PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-NEIGHBORHOOD SERVICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R 110’ R.O.W. DOC NO. 20060912001319330 D.R.C.C.T. DOC NO. 20060612001319220 D.R.C.C.T. CONNECTION TO EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT (10’ TRAIL) FLOODPLAIN ZONING BOUNDARY: OFFICE ZONING BOUNDARY: SF-12.5 TRACT A TRACT C TRACT B PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 12,500 PROP MIN. AVG. LOT SIZE: 15,000 FLOODP L A I N F L O O D PLAIN APPROX. 782 LF S 0 0 ° 0 3 ' 2 3 " E 1 4 2 1 . 6 6 ' S 89°52'43" E 2114.49' C1 C2 C3 C4 N 89°53'39" W 2052.62' APPROX. 1271 LF APPROX. 595 LF APPROX. 676 LF APPROX. 435 LF APPROX. 485 LF EXISTING 20’ WIDE ASPHALT ROAD45’ PROSPER TRAIL R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.)EXISTING INGRESS, EGRESS EASEMENT TO BE DEDICATED AS R.O.W. 35’ PROPOSED R.O.W. DEDICATION (0.26 AC.) FUTURE RIGHT TURN LANE R.O.W. (BY SEPARATE INSTURMENT) PROPOSED 11’ DECELERATION LANE R.O.W. (0.03 AC.) EXISTING OVERHEARD ELECTRIC TO BE RELOCATED APPROXIMATE CENTERLINE LOCATION T.P&L CO. ESMT. VOL. 252 PG. 353 D.R.C.C.T. (NO WIDTH DETERMINED) BLUE STAR ALLEN LAND L.P. EX ZONING: PD-66-SF EX USE: AGRICULTURE FLUP: MEDIUM AND LOW DENSITY RESIDENTIAL C.C.F. NO. 200136300000676920 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. COTHRAN MALIBU INVESTMENTS EX ZONING: COMM CORRIDOR EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT VOL. 5537, PG. 532 D.R.C.C.T. DOC NO. 20060912001319330 D.R.C.C.T. DOC NO. 20060612001319220 D.R.C.C.T. 183 LAND CORP, INC. EX ZONING: PD-66-R EX USE: AGRICULTURE FLUP: TOLLWAY DISTRICT C.C.F. NO. 97-0005168 D.R.C.C.T. GENERAL NOTES: 1) ALL FINISHED FLOOR ELEVATIONS WILL BE A MINIMUM OF TWO FEET ABOUE THE BASE FLOOD ELEVATION. 2) THE THOROUGHFARE ALIGNMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSED AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT 3) ALL THOROUGHFARES, DRIVEWAYS, TURN LANES AND MEDIAN OPENINGS SHALL COMPLY WITH THE TOWN’S DESIGN STANDARDS AND FINAL DESIGN WILL BE ADDRESSED AT TIME OF SITE PLAN AND FINAL PLAT APPROVAL. 4) THE BUILDING SITES SHOWN ON THIS EXHIBIT ARE THE APPROXIMATE SHAPE AND LOCATION. THESE MAY CHANGE DURING DEVELOPMENT AND CONSTRUCTION. 5) ALL SITE USES LISTED ARE PROPOSED. THEY ARE NOT REQUIRED AND MAY CHANGE AS PROJECT DEVELOPS. 6) FINAL PARKING REQUIRMENTS WILL BE BASED ON THE USE AND WILL BE DETERMINED AT TIME OF PERMITTING AND CONSTRUCTION. 7) A TWENTY FIVE (25) FOOT LANDSCAPE BUFFER WILL BE PROVIDED BETWEEN ANY NON-RESIDNETIAL USE AND A RESIDENTIAL ZONE (SEE EXHIBIT C-PLA NNED DEVELOPMENT STANDARDS). 8) DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE 9) OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORANCE WITH THE ZONING ORDINANCE. 10) OUTDOOR LIGHTING SHALL COMPY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE 11) LANSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 12) ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE 13) BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 14) FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 15) TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR ALL PROPERTY AT ALL TIMES 16) SPEED BUMBS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 17) HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADDOPTED BUILDING CODE. 18) ALL SIGNAGE IS SUBJECT TO BUILDING O ILDING OFFICAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 22) SIDEWLAKS OF NO LESS THEN SIX (6) FEET IN WIDTH ALOND THOROUGHFARES AND COLLECTORS AND FIVE (5) FEET IN WIDTH ALONG RESIDNTIAL STREETS AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 23) APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 24) SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 25) ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDER GROUND. 26) ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 27) A MINIMUM TEN (10) FOOT WIDE NO BUILD, PRESERVATION AND ACCESS EASEMENT IS REQUIRED OUTSIDE THE FLOODPLAIN. 28) AS TWENTY FIVE (25) FO OT HIKE AND BIKE TRAIL EASEMENT IS REQUIRED 90 ’ R . O . W . 90’ MINOR THOROUHFARE R.O.W. DEDICATION (FUTURE 4-LANE DIVIDED THOROUGHFARE) DA L L A S P A R K W A Y PROSPER TRAIL SH A W N E E T R A I L PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 7.5 NET ACRES: 6.0 EX. ZONING: SF-15/ COMM CORRIDOR EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-OFFICE PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 35.6 NET ACRES: 26.4 EX. ZONING: COMM CORRIDOR EX. USE: AGRICULTURE FLUP: TOLLWAY DISTRICT PROP. ZONING: PD-R THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-60 EX USE: AGRICULTURE FLUP: LOW DENSITY RESIDENTIAL DOC NO. 2014002000000350 D.R.C.C.T. THE ESTATES AT PROSPER TRAIL INC. EX ZONING: PD-36 EX USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL C.C.F. NO. 2014002000000350 D.R.C.C.T. OPEN SPACE/DETENTION/FLOODPLAIN ±6.2 Ac. OPEN SPACE/DETENTION/FLOODPLAIN ±9.0 Ac. P-1 P-2 P-3 G-1 P-5 R-6 O-3 P-4 R-2 R-1 R-3 O-1 O-2 RECLAIM E D F L O O D P L A I N RECL A I M E D F L O O D P L A I N FLOO D P L A I N CONNECTION TO EXISTING 30’ HIKE AND BIKE TRAIL EASEMENT PROPOSED LOCATION OF HIKE AND BIKE TRAIL C R E EK CENTERLINE FLOODPLAIN ZONING BOUNDARY: OFFICE ZONING BOUNDARY: SF-12.5 TRACT A TRACT C TRACT B PROSPER 67 PARTNERS LTD INST. NO. 20121031001392700 D.R.C.C.T. GROSS ACRES: 18.8 NET ACRES: 14.1 EX. ZONING: SF-15 EX. USE: AGRICULTURE FLUP: MEDIUM DENSITY RESIDENTIAL PROP. ZONING: PD-SF 15 PROP. MAX. DENSITY: 2.5 PROP MIN. LOT SIZE: 13,500 PROP MIN. AVG. LOT SIZE: 15,000 P-3 4,500 2,250 P-4 P-5 2,150 1.3 0.8 1.3 2.4 1.6 Fast Food Fast Food Fast Food Restaurant Restaurant R-6 2.0 USE* BUILDING PAD (SF)* LOT SIZE (ACRES) ZONE: OFFICE TRACT B 193 SPACES 255 SPACES Retail/Office OFFICE 67,392 PARKING REQ'D PARKING PROV. 7.5 OVERALL TOTAL OVERALL TOTAL ZONE: RETAIL R-1 103,000 R-2 15,000 R-3 13,200 9,000 16,500 17.0 P-1 Retail Retail Grocery 5,500 P-2 **26.4 * All uses and measurements are proposed and subject to change. ** Excludes detention/open space/floodplain 171,100 MIN. LOT SIZE (SF) MIN. HOME SIZE (SF) TOTAL ACRES PROPOSED ZONE: SF-15 TOTAL LOTS (PROPOSED) 18.8 7.5 35.6 61.9 * Net acres excludes floodplain 61.3 26.4 6.0 14.1 2,000 25 14.1 18.8 13,500 (without detention/ open space) (with detention/ open space) SF-15 OFFICE RETAIL TOTAL PROPOSED ZONES PROPOSED PD-SF 15 LEGEND PROPOSED PD-OFFICE PROPOSED PD-RETAIL USE NET ACRES* GROSS ACRES G-1 Gas station n/a US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY CO I T R D PR E S T O N R D LE G A C Y D R FI E L D S R D DA L L A S P K W Y VICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECTLOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DE N T O N C O U N T Y CO L L I N C O U N T Y US 380 ROCKHILL PKWY FIRST ST FISHTRAP RD PROSPER TRAIL FRONTIER PKWY PANTHER CREEK PKWY CO I T R D PR E S T O N R D LE G A C Y D R FI E L D S R D DA L L A S P K W Y VICINITY MAP CITY OF PROSPER, TEXAS NORTH PROJECTLOCATION PROSPER CITY LIMITS FRISCO CITY LIMITS DE N T O N C O U N T Y CO L L I N C O U N T Y TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF TH E FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBERT & A S S O C I A T E S , A l l R i g h t s R e s e r v e d B G E | K E R R Y R . G I L B E R T & A S S O C I A T E S BG E | K E R R Y R . G I L B E R T & A S S O C I A T E S PLANNER/APPLICANT COLLIN COUNTY SCHOOL LANDS, SURVEY 12 ABSTRACT NO. 147 PROSPER 67 PARTNERS LTD OUT of THE 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: JONES & CARTER. INC. 6509 WINDCREST DRIVE, SUITE 600 PH: (972)488-3880 PLANO, TX 75024 SURVEYOR: EXHIBIT D ±67.7 AC RES OF LAND SEPTEMBER 16, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Ordinance No. 15-64, Page 15 Z18-0019 Item 7 P R O S P E R T R A I L SHAWNEE TRAIL ã I t e m 7 -Exhibit E- Development Schedule The phasing and development of this project is dependent upon market conditions and the construction of the Dallas North Tollway and Prosper Trail. Upon initiation of development, the project is expected to be completed in three (3) to four (4) phases, lasting approximately 12-36 months for each phase. Item 7 4 foot berms 4 inch caliper evergreen Trees per 20 linear feet 10 gallon shurbs at a rate of 10 shrubs per 30 linear feet 30’ 4 inch caliper evergreen Trees per 20 linear feet 4 foot berms 10 gallon shurbs at a rate of 10 shrubs per 30 linear feet 30’ See DetailSee Detail LANDSCAPE DETAIL NOTES: THIS IS A REPRESENTATION OF THE TYPICAL LANDSCAPE STANDARDS FO R THE REQUIRED LANDSCAPE BUFFER AND DOES NOT REPRESENT THE ACTUAL LOCATION. FINAL LANDSCAPE PLANS WILL BE SUBMITTED DURING THE PERMITTING PROCESS. LANDSCAPING MUST MEET THE MINIMUM STANDARDS SET FORTH IN EXHIBIT C AND REPRESENTED ABOVE. TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBERT & A S S O C I A T E S , A l l R i g h t s R e s e r v e d B G E | K E R R Y R . G I L B E R T & A S S O C I A T E S BG E | K E R R Y R . G I L B E R T & A S S O C I A T E S PLANNER/APPLICANT PROSPER 67 PARTNERS LTD 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: EXHIBIT F LANDSCAPE BUFFER AUGUST 11, 2015 KGA #I-292A SCALE 0 20010050 – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Ordinance No. 15-64, Page 17 Item 7 NOTES: THE IMAGES WITHIN THIS EXHIBIT SHOW EXAMPLES OF POTENTIAL LANDSCAPING METHODS FOR THE OPEN SPACE AREA WITHIN THE PLANNED DEVELOPMENT. THE INTENT IS TO CREATE NATURAL LANDSCAPE THAT ENHANCES THE EXISTING CREEK AND SURROUNDING AREA. TH IS DRA WING IS A PICTOR IAL R EPR ESEN TATION FOR PR ESEN TATION P URPOSES ONLY A ND IS SU BJECT TO CHAN GE. FURTHER, SAID DRA WING IS A SCA NNED IM AGE ONLY A ND IS NOT FOR COMPU TATION OR CON STRUCTION P URPOSES. THIS DRA WING MAY OR MAY NOT INCORP ORATE INFORMATION A ND/OR D ATA P ROV IDED TO BGE | KERRY R. GILBERT & ASSOCIATES BY OTHER CONSU LTAN TS RELATIVE TO EN GIN EERING A ND DRAIN AGE, FL OOD PL AINS A ND EN VIRO NMENTAL ISSU ES A ND SHO ULD NOT BE REL IED U PON FOR ANY P URPOSE. NO WA RRAN TIES, EXPR ESS OR IMPL IED, CO NCE RNING THE ACTUAL D ESIGN, LOCATION, A ND CHARAC TER OF THE FACILI TATES SH OWN ON TH IS MAP ARE IN TENDED. A DDITIONALLY, NO WA RRANTY IS MADE T O THE A CCURACY OF TH E IN FORMATION CONTAINED HER EIN. ©2015 BGE | KER RY R . GIL BERT & ASSOCIATES, ALL R IGH TS R ESER VED ©2015 BG E | KERRY R. GILBERT & A S S O C I A T E S , A l l R i g h t s R e s e r v e d B G E | K E R R Y R . G I L B E R T & A S S O C I A T E S BG E | K E R R Y R . G I L B E R T & A S S O C I A T E S PLANNER/APPLICANT PROSPER 67 PARTNERS LTD 5953 DALLAS PARKWAY, SUITE 200-A PH: (214)696-8100 PLANO, TX 75093 OWNER: EXHIBIT F-1 OPEN SPACE LANDSCAPING SEPTEMBER 11, 2015 KGA #I-292A NOT TO SCALE – Land Planning Consultants – 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 Tel: 281-579-0340 Ordinance No. 15-64, Page 18 Item 7 E X H I B I T F - L A N D S C A P E P L A N I t e m 7 I t e m 7 PROSPER 67 PARTNERS, LTD. Schematic Elevations 08/18/2015 GHA Architecture / Development 14901 Quorum Drive, Suite 300 Dallas, Texas 75254 (972) 239-8884 BUILDING R-2BUILDING R-3 BUILDING R-1 The above elevations are conceptual and do not represent the final design or materials of any buildings. These elevations are representative of the design guidelines specified in Exhibit C of the Planned Development. All materials and colors will be determined at final design and will be subject to the applicable approval process. Ordinance No. 15-64, Page 20 EXHIBIT G Item 7 Item 7 Item 7 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P. E., Assistant Director of Engineering Services – Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon awarding Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On February 28, 2019, at 2:00 PM, five bids were opened for the E-W Collector Roadway Improvement project. The verified bid totals ranged between $1,262,519.50 and $1,723,135.50. The Engineer's Estimate was $2,013,055.00. Mario Sinacola & Sons Excavating, Inc. was the low bidder with a bid total of $1,262,519.50, which is 37% less than the Engineer’s Estimate. The $1,262,519.50, also includes the construction of a 12” water line in the E-W Collector from DNT to Cook Lane and up Cook Lane to the north to connect to an existing line at a cost of $256,025.00. Mario Sinacola & Sons Excavating, Inc., is currently constructing the improvements to the South Bound Frontage Road of the Dallas North Tollway through the Town of Prosper. The contract specifies a substantial completion time of 120 calendar days, or approximately 4 months. Staff anticipates issuing a notice to proceed on this contract effective in March 2019, which would result in a substantial completion date in July 2019. This schedule is designed to have the roadway in service prior to start of the Public Safety Building project. Budget Impact: The FY 2018-2019 Capital Improvement Program includes $1,250,000 in roadway improvements and $250,000 in water line improvements for the E-W Collector Roadway project. The funding sources are West Thoroughfare Fund Account No. 680-6610-50-00-1708-ST ($1,250,000) and Water Fund Account No. 200-6110-50-02-1708-WA ($250,000). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1.Location Map 2.Bid Tabulation Summary 3. Construction Agreement Prosper is a place where everyone matters. ENGINEERING SERVICES Item 8 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council Award Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2019-26-B to Mario Sinacola & Sons Excavating, Inc., related to construction services for the E-W Collector Roadway Improvement project; and authorize the Town Manager to execute a construction agreement for same. Item 8 Item 8 TOWN OF PROSPER BID TABULATION SUMMARY BID NO: 2019-26-B E-W COLLECTOR CONSTRUCTION BID OPENING: 2/28/2019 at 2:00 PM Grand Total Mario Sinacola & Sons Excavating, Inc. $ 1,262,519.50 Tiseo Paving Co. $ 1,428,870.00 Ed Bell Construction Company $ 1,448,802.50 McMahon Contracting, LP $ 1,602,805.79 Quality Excavation, Ltd. $ 1,723,135.50 Certified By: January M. Cook, CPPO, CPPB Date: 2/28/19 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 E-W COLLECTOR CONSTRUCTION BID NO. 2019-26-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 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager DIGITALLY SIGNED ON 2/11/2019 Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 1 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1 LEGAL NOTICE .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ...................................................................................... 3 BID PROPOSAL FORM .................................................................................................. 4 BID BOND ..................................................................................................................... 10 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 12 CONSTRUCTION AGREEMENT .................................................................................. 13 PERFORMANCE BOND ............................................................................................... 26 PAYMENT BOND.......................................................................................................... 29 MAINTENANCE BOND ................................................................................................. 32 GENERAL CONDITIONS .............................................................................................. 35 SPECIAL CONDITIONS ................................................................................................ 52 TECHNICAL SPECIFICATIONS ................................................................................... 53 Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 2 LEGAL NOTICE The Town of Prosper is accepting sealed bids for BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION. Bids will be accepted until 2:00 P.M. on Thursday, February 28, 2019 in the Purchasing Office, located in the 3rd Floor Finance Suite in Town Hall, 200 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 in the Finance Conference Room, located in the 3rd Floor Finance Suite in Town Hall, 200 S. Main St., Prosper, Texas 75078, immediately following the bid deadline. The Project consists of furnishing all labor, equipment and materials, and performing all work necessary for the construction of PAVING, GRADING, STORM DRAIN, WATER LINE, SIGNING, AND STRIPING. 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 Garver office located at 3010 Gaylord Parkway, Suite 190, Frisco, Texas 75034 (972)377-7480 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50 per set, payable to the Garver. 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, February 22, 2019 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 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 3 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, February 28, 2019. 2. Submittal Location: Bids will be accepted in the Purchasing Office, located in the 3rd Floor Finance Suite in Town Hall, 200 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. 2019-26-B, E-W COLLECTOR CONSTRUCTION. 4. Bid Opening: Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite in Town Hall, 200 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: Garver 3010 Gaylord Parkway, Suite 190 Frisco, TX. 75034 Phone: (972) 377-7480 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, February 22, 2019, 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. 9. Site Visit: A site visit will not be held for this project. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 4 BID PROPOSAL FORM Bid No. 2019-26-B E-W COLLECTOR CONSTRUCTION BIDDER: ADDRESS: PHONE: PRIMARY CONTACT: EMAIL ADDRESS: PLEASE SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF YOUR BID. ANY BID RECEIVED WITHOUT ONE (1) ORIGINAL AND ONE (1) COPY MAY BE CONSIDERED NON- RESPONSIVE. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. 3. The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. 4. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: 5. Bidder has examined copies of all the Contract Documents and of the following Addenda (receipt of which is hereby acknowledged): Number Dated Received No. 1 No. 2 No. 3 No. 4 Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 5 6. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 8. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 9. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 10. Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. 11. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 12. Bidder will substantially complete the Work for the price(s) shown in the following schedule of bid items and within 120 calendar days. Work is anticipated to commence in April. NOTE: Bidder may substitute a computer printout for this bid schedule provided the computer printout contains identical item numbers, quantities, and descriptions to those provided in this bid schedule. In case of ambiguity or lack of clearness in stating prices in this Bid, the Owner reserves the right to accept the most advantageous construction thereof to the Owner or to reject the bid. Item 8 Item No. TXDOT Spec NCTCOG Spec Quantity Unit Unit Price in Figures Extended Amount 1 500 1 LS MOBILIZATION (5%) Complete in place for the sum of: dollars $$ and cents per lump sum. 2 1 LS VIDEOTAPE PROJECT AREA Complete in place for the sum of: dollars $$ and cents per lump sum. 3 502 1 LS BARRICADES & TRAFFIC CONTROL Complete in place for the sum of: dollars $$ and cents per lump sum. 4 201 1 LS Complete in place for the sum of: dollars $$ and cents per lump sum. 5 100 4 AC PREPARING ROW Complete in place for the sum of: dollars $$ and cents per acre. 6 110 1,100 CY UNCLASSIFIED EXCAVATION Complete in place for the sum of: dollars $$ and cents per cubic yard. 7 132 3,100 CY EMBANKMENT (PLAN QUANTITY) Complete in place for the sum of: dollars $$ and cents per cubic yard. 8 104 70 SY Complete in place for the sum of: dollars $$ and cents per square yard. 9 496 2 EA REMOVE EXIST INLET Complete in place for the sum of: dollars $$ and cents per each. 10 260 12,210 SY LIME TREAT SUBGRADE (6") Complete in place for the sum of: dollars $$ and cents per square yard. E-W COLLECTOR CONSTRUCTION BID 2019-26-B BID PROPOSAL Description of Item and Unit Bid Price in Words REM. & DISP. OF CONC. PVMT INCLUDING CURB REMOVAL IMPLEMENTATION OF STORM WATER POLLUTION PREVENTION PLAN (2%) C-2 6A Item 8 Item No. TXDOT Spec NCTCOG Spec Quantity Unit Unit Price in Figures Extended Amount E-W COLLECTOR CONSTRUCTION BID 2019-26-B BID PROPOSAL Description of Item and Unit Bid Price in Words 11 260 360 TON HYDRATED LIME (11.5%) Complete in place for the sum of: dollars $$ and cents per ton. 12 247 370 SY 12" FLEXIBLE BASE (TY D)(GR 1-2) Complete in place for the sum of: dollars $$ and cents per square yard. 13 360 10,090 SY 7" REINF. CONCRETE PAVEMENT Complete in place for the sum of: dollars $$ and cents per square yard. 14 360 340 SY 9" REINF. CONCRETE PAVEMENT Complete in place for the sum of: dollars $$ and cents per square yard. 15 529 5,080 LF 6" INTEGRAL CONCRETE CURB Complete in place for the sum of: dollars $$ and cents per linear foot. 16 467 1 EA SET (TY II) (24 IN) (RCP) (3: 1) (C) Complete in place for the sum of: dollars $$ and cents per each. 17 466 1 EA WINGWALL (PW - 1) (HW=7 FT) Complete in place for the sum of: dollars $$ and cents per each. 18 702 1 EA CONSTRUCT 10' STANDARD INLET Complete in place for the sum of: dollars $$ and cents per each. 19 702 2 EA CONSTRUCT 10' RECESSED INLET Complete in place for the sum of: dollars $$ and cents per each. 20 702 1 EA CONSTRUCT 15' RECESSED INLET Complete in place for the sum of: dollars $$ and cents per each. C-3 6B Item 8 Item No. TXDOT Spec NCTCOG Spec Quantity Unit Unit Price in Figures Extended Amount E-W COLLECTOR CONSTRUCTION BID 2019-26-B BID PROPOSAL Description of Item and Unit Bid Price in Words 21 702 1 EA CONSTRUCT 20' RECESSED INLET Complete in place for the sum of: dollars $$ and cents per each. 22 462 355 LF INSTALL 6' X 3' SBC INCL CONNECTIONS Complete in place for the sum of: dollars $$ and cents per linear foot. 23 464 30 LF INSTALL 18" RCP INCL CONNECTIONS Complete in place for the sum of: dollars $$ and cents per linear foot. 24 464 75 LF INSTALL 24" RCP INCL CONNECTIONS Complete in place for the sum of: dollars $$ and cents per linear foot. 25 464 110 LF INSTALL 30" RCP INCL CONNECTIONS Complete in place for the sum of: dollars $$ and cents per linear foot. 26 432 5 CY RIPRAP (COMMON STONE)(12 IN) Complete in place for the sum of: dollars $$ and cents per cubic yard. 27 479 1 EA Complete in place for the sum of: dollars $$ and cents per each. 28 479 5 EA Complete in place for the sum of: dollars $$ and cents per each. 29 479 2 EA Complete in place for the sum of: dollars $$ and cents per each. 30 666 210 LF Complete in place for the sum of: dollars $$ and cents per linear foot. ADJUST EXIST SSMH TO FINAL GRADE (INCL. VENT STACK REMOVAL & VENTABLE LID) ADJUST EXIST SSMH TO FINAL GRADE (INCL. VENTABLE LID) 8" WHITE THERMOPLASTIC STRIPE (INCL PREP & SEAL) ADJUST EXIST WATER VALVE LID TO FINAL GRADE (INCL NEW CONC PAD & VALVE STACK EXTENSION) C-4 6C Item 8 Item No. TXDOT Spec NCTCOG Spec Quantity Unit Unit Price in Figures Extended Amount E-W COLLECTOR CONSTRUCTION BID 2019-26-B BID PROPOSAL Description of Item and Unit Bid Price in Words 31 666 25 LF Complete in place for the sum of: dollars $$ and cents per linear foot. 32 644 7 EA INSTALL PROPOSED SIGN Complete in place for the sum of: dollars $$ and cents per each. 33 162 6,910 SY BLOCK SODDING Complete in place for the sum of: dollars $$ and cents per square yard. 34 168 520 MG VEGETATIVE WATERING Complete in place for the sum of: dollars $$ and cents per thousand gallons. 35 506 5 EA INLET PROTECTION DEVICES Complete in place for the sum of: dollars $$ and cents per each. 36 506 60 LF Complete in place for the sum of: dollars $$ and cents per linear foot. 37 506 5,180 LF SILT FENCE - (INSTALL/MAINTAIN/REMOVE) Complete in place for the sum of: dollars $$ and cents per linear foot. 38 506 1 EA Complete in place for the sum of: dollars $$ and cents per each. 39 203 1 AL Complete in place for the sum of: dollars $$ and cents per allowance. 40 501 25 LF Complete in place for the sum of: dollars $$ and cents per linear foot. CONSTRUCTION ENTRANCE - (INSTALL/MAINTAIN/REMOVE) 6" PVC DR-18 24" WHITE THERMOPLASTIC STRIPE (INCL PREP & SEAL) ROCK FILTER DAM (TY 2) - (INSTALL/MAINTAIN/REMOVE) DEWATERING C-5 6D Item 8 Item No. TXDOT Spec NCTCOG Spec Quantity Unit Unit Price in Figures Extended Amount E-W COLLECTOR CONSTRUCTION BID 2019-26-B BID PROPOSAL Description of Item and Unit Bid Price in Words 41 501 3,480 LF Complete in place for the sum of: dollars $$ and cents per linear foot. 42 502 7 EA Complete in place for the sum of: dollars $$ and cents per each. 43 502 14 EA Complete in place for the sum of: dollars $$ and cents per each. 44 502 6 EA Complete in place for the sum of: dollars $$ and cents per each. 45 502 3 TON Complete in place for the sum of: dollars $$ and cents per ton. 46 501/502 1 LS Complete in place for the sum of: dollars $$ and cents per lump sum. 47 501 1 LS Complete in place for the sum of: dollars $$ and cents per lump sum. 48 501 3,500 LF Complete in place for the sum of: dollars $$ and cents per linear foot. 49 501 3,500 LF Complete in place for the sum of: dollars $$ and cents per linear foot. TOTAL BASE BID PRICE (Items 1-49)$ CONSTRUCTION DURATION NOTE: BIDDER HEREBY AGREES TO COMMENCE WORK WITHIN TEN (10) DAYS AFTER THE DATE WRITTEN NOTICE TO PROCEED SHALL HAVE BEEN GIVEN TO HIM, AND TO SUBSTANTIALLY COMPLETE THE WORK ON WHICH HE HAS BID WITHIN 120 CALENDAR DAYS AS PART OF THIS PROPOSAL. WITHIN 30 ADDITIONAL CALENDAR DAYS AFTER SUBSTANTIAL COMPLETION, ALL OUTSTANDING ISSUES SHALL BE ADDRESSED AND READY FOR FINAL PAYMENT. ALL SUCH TIME RESTRICTIONS ARE SUBJECT TO SUCH EXTENSIONS OF TIME AS ARE PROVIDED BY THEGENERAL PROVISIONS AND SPECIAL CONDITIONS. CONNECTING TO EXISTING 12" WATER TRENCH SAFETY WTR TESTING DUCTILE IRON FITTINGS 20" WATER LINE LOWERING (EXCLUDES FITTINGS - BENDS) 12" PVC DR-18 6" GATE VALVE FIRE HYDRANT ASSEMBLY 12" GATE VALVE C-66E Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 7 13. Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within 120 calendar days as part of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. 14. Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. 15. Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. 16. Each bidder shall include the following information in this Bid: Cost of Materials Cost of Labor, Profit, etc. Total Amount Of Bid Base Bid $______________ $______________ $______________ Alternate Bid $______________ $______________ $______________ 17. Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. Subcontractor's Name Type of Work % of Work 1. 2. 3. 4. 5. 6. Total % of Work Subcontracted: Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 8 18. Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If additional space is necessary to provide a complete listing, please attach such additional pages as may be required. Supplier's Name Type of Material / Equipment 1. 2. 3. 4. 5. 6. 19. In the event of the award of a contract to the undersigned, the undersigned will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by ______________________________________________ to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. 20. The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 9 21. The undersigned certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. This is a Bid of _____________________________________, a corporation organized and existing under the laws of the State of _______________________, or a limited partnership organized and existing under the laws of the State of _______________________, or a partnership, consisting of _____________________________________________ or an Individual doing business as ___________________________________________________. Seal and Authorization _________________________________________ (If a Corporation) (Signed) _________________________________________ (Title) _________________________________________ (Street Address) _________________________________________ (City and State) _________________________________________ (Telephone Number) _________________________________________ (Date) Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 10 BID BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________________, whose address is __________________________________ , hereinafter called Principal, and ______________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the Town of Prosper, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter referred to as “Owner,” in the penal sum of $__________________as the proper measure of liquidated damages arising out of or connected with the submission of a Bid Proposal for the construction of a public work project, in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the Principal has submitted to Owner a certain Bid Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the construction of: BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION NOW, THEREFORE, if the Principal’s Proposal shall be rejected or, in the alternative, if the Principal’s Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of the Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish performance, payment and maintenance bonds required by the Contract Documents for the Project and provide proof of all required insurance coverages for the Project and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in force and affect; it being expressly understood and agreed that the liability of the Surety for any breech of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any such extension. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 11 IN WITNESS WHEREOF, this instrument is executed in ______ copies, each one of which shall be deemed an original, this, the ________ day of ________________, 2019. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: If Resident Agent is not a corporation, give a person’s name. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 12 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder (out-of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in the following statement must be filled out by all out-of-state or non-resident bidders in order for those bids to meet specifications. (This information may be obtained from the Texas Register.) The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Non-resident contractor in ___________________ (give state), our principal place of business, is required to be _________ percent lower than resident bidders by State Law. The exact language of the statute is set out below. Non-resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By Company (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 13 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between ________________________________, a ____________, (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. 2019-26-B E-W COLLECTOR CONSTRUCTION in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 14 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed __________________________ Dollars and _____ cents ($ _____________). 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 120 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, Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 15 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. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 16 (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. 2019-26-B E-W COLLECTOR CONSTRUCTION Attn: Purchasing Agent 200 S. Main St. 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: Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 17 (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. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 18 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 Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 19 for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 20 G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total bid price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 21 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 22 J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 23 Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 24 The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 25 Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. CONTRACTOR TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: Phone: Fax: Address: 200 S. Main St. Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 26 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the _________ day of ___________________, A.D. 20____, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 27 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 28 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 29 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ day of _________________, A.D. 20___, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 30 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 31 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 32 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 33 PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 34 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 35 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 36 Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 37 (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 38 (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 39 contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 40 (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 41 the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 42 The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 43 GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 44 The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 45 applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 46 OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in- place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 47 The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 48 (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a ratable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 49 thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 50 should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 51 the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 52 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION 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: R. Jake Bennett, P.E., GARVER, or his designee. Item 8 E-W COLLECTOR CONSTRUCTION 2019-26-B PAGE 53 TECHNICAL SPECIFICATIONS BID NO. 2019-26-B E-W COLLECTOR CONSTRUCTION TS.01 GENERAL The work shall be performed in accordance with the November 2014 Edition of the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges (TxDOT Specifications) or the October 2004 Edition of the Public Works Construction Standards - North Central Texas as amended and published by the North Central Texas Council of Governments (the “NCTCOG Specifications”) Construction shall be in accordance with and as indicated on the Plans, TxDOT Specifications, NCTCOG specifications, or the latest Town of Prosper Construction Details. Item 8 Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between the City of McKinney, Texas, (on behalf of the McKinney Urban Transit District) and the Town of Prosper, Texas, related to the provision of transit services. Description of Agenda Item: During the recent Town Council Strategic Planning Meeting, the option to provide transit services via the McKinney Urban Transit District (MUTD) was discussed. At the conclusion of the discussion, direction was given to bring forward an Interlocal Agreement (ILA) for action by the Town Council. The attached ILA between the City of McKinney and the Town of Prosper covers provision of transit services to serve elderly, disabled, low-income, and medically qualified residents of Prosper through the MUTD. The MUTD leverages funds from member cities with State and Federal funds to provide this service in the most cost efficient manner. In addition, the Town of Prosper will have the opportunity to name a Board member to represent the Town’s interests as a member of the MUTD. Background After the failure of the Texoma Area Paratransit Service (TAPS), the City of McKinney and several other communities in Collin County established the MUTD to provide the transit service needs of its residents in Collin County. The City of McKinney is the direct recipient of Federal Transit funds for the area, and assumed the role of staffing the organization. Description of Service The Town of Prosper does not currently have an option for eligible residents (elderly, disabled, low-income, medically qualified) who cannot drive to make trips within the Town of Prosper and Collin County. While there is expected to be a limited demand for this service, it is important for the Town to be in the position to respond with an option for these qualified residents when the demand does occur. ENGINEERING SERVICES Prosper is a place where everyone matters. Item 9 Page 2 of 2 The service provided is via a contractor (DCTA/Taxi), and is focused on the provision of lifeline services. Program participants receive 3:1 matching funds from the program ($25 payment yields $100 in funds for the service). The participant schedules the ride, and reloads their card up to a maximum amount of $400 per month. Backup support for residents with large mobility devices that will not fit in a cab are provided through the contracted service. The programs funds are made up of state/federal funds and member city contributions, and only the funds allocated to the participating member community are used to provide service for their residents. Any unused Town contribution funds will roll over to the following year. Budget Impact: The estimated cost for the transit service is $6,030 and is funded from account 100-7000-10-99. This amount is due upon execution of the ILA. For comparison, Celina’s participation was estimated to be $3,020. The difference in cost is based solely on the greater population in the Town of Prosper. Funds rollover each year if not utilized, and this has been the history in Celina. Actual costs will be a function of utilization. The agreement allows the cancellation of the ILA with 90 days notice. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Interlocal Agreement as to form and legality. Attached Documents: 1. Interlocal Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement between the City of McKinney, Texas, (on behalf of the McKinney Urban Transit District) and the Town of Prosper, Texas, related to the provision of transit services. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between the City of McKinney, Texas, (on behalf of the McKinney Urban Transit District) and the Town of Prosper, Texas, related to the provision of transit services. Item 9 INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is made by and between the City of McKinney, Texas (the “City”) and the Town of Prosper, Texas (the “District Member”) as a participating member of the McKinney Urban Transit District (“MUTD”). PREAMBLE WHEREAS, the MUTD was created pursuant to Chapter 458 of the Texas Transportation Code; and WHEREAS, the Town of Prosper is a participating member of the MUTD, and will be represented by a City Council appointed board member; and WHEREAS, the City is a home rule municipal corporation and District Member is a home rule municipal corporation; and WHEREAS, the City is the most populous municipality in the McKinney Urbanized Area (“Area”) and has been designated a Designated Recipient by the Federal Transit Administration; and WHEREAS, federal and state public transit funds may be used by the City to provide public transportation services with the MUTD; and WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act of 1971, as amended and codified in Chapter 791 of the Texas Government Code; and THEREFORE, for and in consideration of the mutual agreements and covenants contained in this Agreement, it is agreed that: SECTION I. EFFECTIVE DATE AND TERM This Agreement shall take effect on the date of the final signature below and continue on an annual, automatically renewing basis, until terminated by either party upon ninety (90) days’ written notice to the other party; provided, however, that the obligations under this Agreement are contingent upon the City’s annual fiscal budget appropriation and the City’s or District’s receipt of federal, state or local funding to plan, operate and maintain a public transit system (“System”) within the Area. SECTION II. FUNDING FOR SERVICES 1. By interlocal agreement, the MUTD has contracted with the City to be its direct grant administrator and has authorized the City to pursue, apply, and receive any federal and state grants on behalf of the MUTD. Item 9 2. The District Member shall provide $6,030.00 in local share contribution for for the provision of transit service to residents residing in the District Member’s geographical area for a period of one year. 3. It is understood that the District Member’s contributions shall constitute a current expense during the respective fiscal year in which the contribution is made and shall not be considered or construed as debts of the District Member in contravention of a constitutional, statutory, or charter provision. 4. All City and District Member unused local share contributions shall carry forward to the next fiscal year and any future year fiscal obligation shall be offset by these funds. A statement of account will be provided to each District Member on a quarterly basis. Upon a projected shortfall of local share contributions, the District Member may choose to limit service within its geographic area or contribute additional local match funds to maintain service levels. 5. The City shall maintain complete and accurate financial records regarding the all funds received and disbursed under this Section II. SECTION III. SYSTEM AND PROGRAM ADMINISTRATION 1. The City shall be solely responsible for the administration and operation of the System including the District’s compliance, if any, with the obligations and responsibilities under any grants and accompanying certifications, assurances, and agreements made or given by the Federal Transit Administration, or the Texas Department of Transportation or any other entity. 2. The City shall have all powers necessary to administer the System including, but not limited to, the power to contract, to acquire and own real and personal property, and to accept and expend grant funds from governmental entities, federal and state agencies and individuals. 3. The City shall employ and supervise employees as it deems necessary for the operation of the System. 4. The City shall maintain accounting records that will track how funds are used to support the public transit service in the District Member’s city limits. The District Member shall have the rights to inspect the financial records of the City with relation to the MUTD during regular business hours. 5. The City shall comply with the Texas Open Meetings and Public Information Act. SECTION IV. TRANSPORTATION PROVIDER 1. At its sole discretion, the City shall contract with a transportation provider (“Provider”) to provide transit services within the Area. Item 9 2. The City shall not be liable to any District Member for any failure, delay or interruption of service or for any failure or delay in the performance of any duties or obligations under this Agreement. SECTION V. CAPTIONS The captions used in this Agreement are for informational purposes only and shall not limit nor affect the terms and conditions of the paragraphs. SECTION VI. SEVERABILITY The sections, paragraphs, sentences, clauses, and phrases of this Agreement are severable, and if any designated portion is declared invalid, such invalidity shall not affect any remaining portions of this Agreement. SECTION VII. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas, and mandatory venue for any legal dispute under this Agreement is in Collin County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. DISTRICT MEMBER: TOWN OF PROSPER By: _________________________________ Date: _______________________________ CITY: CITY OF McKINNEY By: _________________________________ Date: _______________________________ Item 9 Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon the appointment of a Town of Prosper representative to the Board of Directors of the McKinney Urban Transit District. Description of Agenda Item: With the approval of the Interlocal Agreement (ILA) between the City of McKinney and the Town of Prosper as a participating member of the McKinney Urban Transit District (MUTD), a Town of Prosper representative shall be appointed to the Board of Directors of the MUTD. The McKinney Urban Transit District (MUTD) was created pursuant to Chapter 458 of the Texas Transportation Code to provide public transportation services for its participating members. The members of the Board of Directors of the MUTD are as follows: Chair - Brian Loughmiller, McKinney, Former Mayor (non-voting) Vice Chair - Chuck Branch, McKinney, City Council Member Secretary - Scott Elliott, McKinney, City Council Member George Fuller, McKinney, Mayor Tracy Rath, McKinney, City Council Member La'Shadion Shemwell, McKinney, City Council Member Rainey Rogers, McKinney, City Council Member Charlie Philips, McKinney, City Council Member Derek Borg, Princeton, City Manager Derek Stephens, Lowry Crossing, City Manager Corbett Howard, Celina, Director of Government Affairs Jason Little, Melissa, City Manager The appointment on the MUTD Board will be for a period of one year. The Board bylaws (attached) require the appointee be either a Town employee or a member of the Town Council. Attached Documents: 1.Bylaws of MUTD Town Staff Recommendation: Town staff recommends the Town Council appoint a Town of Prosper representative to the Board of Directors of the McKinney Urban Transit District. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 10 Page 2 of 2 Proposed Motion: I move to appoint _________________ as the Town of Prosper representative to the Board of Directors of the McKinney Urban Transit District. Item 10 4 MAR G1, 2017 BYLAWS CITY SECREJAR' Of McKINNEY URBAN TRANSIT DISTRICT ARTICLE I. NAME AND PURPOSES 1.01 Name. The name of the urban transit district shall be the McKinney Urban Transit District(the "District"). 1.02 Purpose. The District is a political subdivision created under the laws of the State of Texas as defined by Chapter 458 of the Texas Transportation Code and Chapter 791 of the Texas Government Code to administer federal and state urbanized public transportation funds to provide public transportation services within the District. ARTICLE II. AUTHORITY AND DUTIES OF DIRECTORS 2.01 Authority of Directors. The Board of Directors ("the Board") is the policy- making body and may exercise all the powers and authority granted to the District by law, including but not limited to, the power to contract with transportation providers. The Board shall oversee the District's operations. The Board may adopt rules governing the funding and operation of transportation services within the District. 2.02 Number of Directors. The Board shall consist of no more than thirteen (13) directors or fewer than seven (7) directors. The number of directors may be increased or decreased from time to time by Board resolution or amendment to these bylaws; however, a change in the number of directors shall not remove a director from his or her position as a director prior to the expiration of his or her term of office. 2.03 Appointment and Term of Directors. The Board shall be composed of representatives from the following participating governmental jurisdictions: City of McKinney. The seven (7) seated members of the City Council of the City of McKinney shall be continuous directors of the Board, without the necessity of formal appointment or reappointment. Collin County Commissioners' Court.The Collin County Commissioners' Court may, if it so determines, appoint one (1) director to the Board. Any appointment is discretionary by the Collin County Commissioners' I Item 10 Court, and the appointed director may be an elected official or an employee of Collin County. City of Celina. The City of Celina may, if it so determines, appoint one 1) director to the Board. Any appointment is discretionary by the City of Celina, and any appointed director may be an elected official or an employee of the City of Celina. City of Lowry Crossing. The City of Lowry Crossing may, if it so determines, appoint one (1) director to the Board. Any appointment is discretionary by the City of Lowry Crossing, and any appointed director may be an elected official or an employee of the City of Lowry Crossing. City of Melissa. The City of Melissa may, if it so determines, appoint one 1) director to the Board. Any appointment is discretionary by the City of Melissa, and any appointed director may be an elected official or an employee of the City of Melissa. City of Princeton. The City of Princeton may, if it so determines, appoint one (1) director to the Board. Any appointment is discretionary by the City of Princeton, and any appointed director may be an elected official or an employee of the City of Princeton. Town of Prosper. The Town of Prosper may, if it so determines, appoint one (1) director to the Board. Any appointment is discretionary by the Town of Prosper, and any appointed director may be an elected official or an employee of the Town of Prosper. Subject to Section 2.04 below, Directors shall serve on the Board as long as they hold the employee position or elected office that makes them eligible for membership, and their Board terms shall be automatically-renewing, one (1) year terms running consecutively with their respective employment or elected office. Save and except the City of McKinney, each governmental jurisdiction shall provide the Board notice of its Director appointments and removals through its submittal of a duly-passed Resolution to the Secretary. 2.04 Resignation and Removal. Resignations are effective upon receipt by the Secretary (or receipt by the Chairman if the Secretary is resigning) of written notification or a later date if provided in the written notification. Any appointing governmental jurisdiction may remove its appointed director pursuant to its governing laws and regulations. If a director fails to attend three consecutive meetings of the Board, the Board shall evaluate the director's contribution to the work of the District, his or her reasons for not attending the meetings, as well as any other relevant factors, and if it appears to be in the best interest of the District, may declare the position vacant. 2 Item 10 2.05 Vacancies. Vacancies existing by reason of resignation, death, incapacity, or removal before the expiration of a term may be filled by the applicable governmental jurisdiction. A director appointed to fill a vacancy shall be appointed for the unexpired term of his or her predecessor in office. 2.06 Meetings. The Board shall hold at least (1) regular meeting annually, which shall be known as the Annual Meeting, and any other regular meetings, such as quarterly status meetings, to be designated by the Chairman in a notice to the Board. Special meetings may be called by any two (2) directors with telephone or written notice, including notice by electronic mail. Meetings shall be conducted in accordance with the Texas Open Meetings Act. 2.07 Notice. Notice of each meeting of the Board shall be given as required by the Texas Open Meetings Act. 2.08 Quorum and Voting. A quorum is a majority of the total number of then- appointed directors. All decisions will be by majority vote of those present at a meeting at which a quorum is present. No proxy voting shall be permitted. 2.09 Compensation of Directors. Directors shall not be compensated for serving on the Board, but the District may reimburse directors for documented reasonable expenses incurred in the performance of their duties to the District. ARTICLE III. AUTHORITY AND DUTIES OF OFFICERS, AGENTS, AND EMPLOYEES 3.01 Officers. The officers of the District shall be a Chairman, Vice Chairman, and Secretary, and such other officers as the Board may designate. Two (2) or more offices may be held by the same person, except the offices of Secretary and Chairman. 3.02 Election of Officers; Terms of Office. The Chairman, Vice Chairman, and Secretary and other officers, shall serve 1-year terms, and shall be elected by the Board at its Annual Meeting in each year. The terms of office shall expire at the next succeeding Annual Meeting and shall be filled by the Board for a term expiring at the next succeeding Annual Meeting. Officers shall be eligible for reelection. 3.03 Powers and Duties of Officers. Subject to the control of the Board, all officers shall have such authority and shall perform such duties as may be provided in these Bylaws or by resolution of the Board. a) Chairman. The Chairman shall preside at all meetings of the Board, shall perform all duties customary to that office, and shall supervise and control all of the affairs of the District in accordance with the policies and directives approved by the Board. b) Vice-Chairman. In the absence of the Chairman or in the event of the Chairman's inability or refusal to act, the Vice-Chairman shall perform the duties of the 3 Item 10 Chairman and shall have all of the powers of and be subject to all restrictions upon the Chairman. The Vice-Chairman shall perform such other duties and have such other powers as the Board may from time to time prescribe by resolution or as the Chairman may from time to time provide, subject to the powers and supervision of the Board. c) Secretary. The Secretary shall be responsible for the keeping of an accurate record of the proceedings of all meetings of the Board, shall give or cause to be given all notices in accordance with these Bylaws or as required by law, and in general shall perform all duties customary to the office of Secretary. 3.04 Resignation. Resignations are effective upon receipt by the Secretary (or receipt by the Chairman or other officer if the Secretary is resigning) of written notification or a later date if provided in the written notification. 3.05 Removal. One or more officers may be removed by the Board at a meeting called for that purpose, with or without cause. 3.06 Vacancies. Vacancies existing by reason of resignation, death, incapacity, or removal before the expiration of a term may be filled by the Board for the remainder of the unexpired term. ARTICLE IV. BUDGET 4.01 Annual Budget. If necessary to administer transportation funds received by the Board, either directly or indirectly, on or before July 31 st of each year, the Board shall adopt a proposed budget, of expected revenues and proposed expenditures of the next ensuing fiscal year. No annual budget shall be required if the Board utilizes the City of McKinney for operational functions under an Interlocal Agreement. Upon the Board's adoption of its proposed budget, the Chairman shall forward same to the McKinney City Council for its consideration as part of its annual budget adoption. ARTICLE V. CONFLICTS AND INDEMNIFICATION 5.01 Conflicts of Interest. A director or officer of the District, or any employee or elected official of any governmental jurisdiction with appointive powers to the District may not transact business with the District. 5.02 Indemnification. a) The District shall indemnify a person who was, is or has been threatened to be made a named defendant or respondent in a proceeding because the person is or was a director, officer or agent,but only if the determination to indemnify is made 4 Item 10 in accordance with the provision of Tex. Bus. Org. Code Ann. Chapter 8, as amended. b) The District shall indemnify each and every director, its officers, its agents to the fullest extent permitted by law and not otherwise covered by insurance, against any and all actions or omissions that may arise out of the functions and activities of the District. c) The District may purchase and maintain insurance on behalf of any director, officer or agent of the District, or on behalf of any person serving at the request of the District against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such status with regard to the District, whether or not the District has the power to indemnify that person against liability for any of those acts. ARTICLE VI. AMENDMENTS 6.01 Amendments. The Bylaws may be amended at any time by a vote of a majority of the Board at a meeting where a quorum is present. 6.02 Effective Date. These Bylaws shall become effective upon the adoption thereof by a majority of the Board at a meeting where a quorum is present. Adopted this the 28th day of February, 2017. rian Loughmi er Chairman of the Board of Directors Attest: Tracy Rath Board Secretary 5 Item 10 Page 1 of 2 To: Mayor & Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – March 12, 2019 Agenda Item: Consider and act upon a request for a Façade Exception for 7-Eleven in Victory at Frontier, located on the southwest corner of Preston Road and Frontier Parkway. (MD19-0001). Description of Agenda Item: The applicant is seeking a Façade Exception for a 6,487 square-foot convenience store and restaurant with gas pumps, in order to allow for the use of an alternative primary building material (Porcelain Tile) and to allow for an increased percentage of permitted secondary materials. A table detailing the existing and proposed request is as follows: Primary Material Required Primary Material Provided (Stone) Porcelain Tile Proposed Secondary Material Permitted Secondary Material Provided (Metal & Wood) North 90% 29% 60% 10% 11% South 90% 25% 64% 10% 11% East 90% 20% 63% 10% 17% West 90% 17% 72% 10% 11% In considering an exception to the required masonry requirements, the Planning & Zoning Commission and Town Council may consider whether a proposed alternate material: (a)is a unique architectural expression; (b) includes unique building styles and materials; (c)is consistent with high quality development; (d)is or would be visually harmonious with existing or proposed nearby buildings; (e) has obvious merit based upon the quality and durability of the materials; and (f)represents an exterior building material that is in keeping with the intent of this chapter to balance the above-mentioned objectives. The applicant has provided a letter outlining how they have satisfied the criteria, which is attached for review. Prosper is a place where everyone matters. PLANNING Item 11 Page 2 of 2 Please note, while the fuel canopy elevations (Attachment 2, Page 3) include a general project rendering showing the orange, green, and red corporate brand striping of 7-Eleven, primary colors are not permitted on the main façade of a building, and the request for such striping has not been included in the applicant’s request for a Façade Exception. However, these colors could be incorporated into their wall sign, as long as the total sign area does not exceed 10% of the total area of each façade. Attachments: 1. Location Map 2. Façade Plan 3. Building Rendering 4. Site Plan 5. Criteria Response Letter 6. Porcelain Tile Information Sheet Planning & Zoning Commission Recommendation: At their February 19, 2019 meeting, the Planning & Zoning Commission recommended the Town Council approve the request by a vote of 6-0. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon a request for a façade exception for 7-Eleven in Victory at Frontier, located on the southwest corner of Preston Road and Frontier Parkway. Proposed Motion: I move to ________ (approve/deny) the request for a Façade Exception for 7-Eleven in Victory at Frontier, located on the southwest corner of Preston Road and Frontier Parkway. Item 11 MD19-0001 FRONTIER PKWY PR E S T O N R D PR E S T O N R D ±0 170 34085Feet Item 11 + 0 ' - 0 " F I N . F L R + 1 7 ' - 0 " T . O . R O O F + 2 2 ' - 0 " T . O . L O W E R P A R A P E T + 1 3 ' - 2 " T . O . S T O R E F R O N T + 8 ' - 6 " B . O . C A N O P Y P O R C E L A I N T I L E P R E - F I N I S H E D M E T A L P A R A P E T C A P D A R K W A R M G R A Y M E T A L - C L A D B E A M S DECORATIVE SLATS INWOOD-LOOK; ALT. OPTION: IPEWOOD RAINSCREENPER MASTER DEVELOPMENT SPEC E N G I N E E R E D S T O N E P L A N T E R B O X E S E N G I N E E R E D S T O N E B A S E D E C O R A T I V E S L A T S I N W O O D - L O O K , B E H I N D B U T T - J O I N T S T O R E F R O N T G L A Z I N G S T O R E F R O N T S Y S T E M E N G I N E E R E D S T O N E S I L L E X C S M - 2 E X C S M - 1 E X C S M - 1 EXSM-1 E X W T - 2 P O R C E L A I N T I L E E X W T - 3 E X P C - 1 1 E X P C - 1 1 P T - 8 P A R T I A L H E I G H T W A L L B E H I N D G L A Z I N G & S L A T S P T - 8 P A R T I A L H E I G H T W A L L B E H I N D G L A Z I N G & S L A T S E N G I N E E R E D S T O N E S I L L E X C S M - 2 PORCELAI N T I L E EXWT-3 P O R C E L A I N T I L E E X W T - 4 S T O R E F R O N T S Y S T E M ENGINEERED STONEBASEEXCSM-1 ENGINEERED STONESILLEXCSM-2 ENGINEERED STONEPLANTER BOXESEXCSM-1 P O R C E L A I N T I L E E X W T - 2 E N G I N E E R E D S T O N E B A S E E X C S M - 1 PORCELAIN T I L E EXWT-3EXWT-1 P O R C E L A I N T I L E E X W T - 4 W O O D - L O O K P O R C E L A I N T I L E A L T : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X W T - 1 WOOD-LOOK PORCELAIN TILEALT: IPE WOOD RAINSCREENPER MASTER DEVELOPMENTSPEC 1 2 0 ' - 5 " 29'-10" 3 0 ' - 2 " 2 0 ' - 1 1 " 3'-0" 2 6 ' - 5 " 1 3 ' - 2 " M E T A L C A N O P Y E X P C - 1 1 M E T A L C A N O P Y E X P C - 1 1 1 2 ' - 6 " + 2 5 ' - 6 " T . O . U P P E R P A R A P E T + 0 ' - 0 " F I N . F L R + 1 7 ' - 0 " T . O . R O O F + 2 2 ' - 0 " T . O . L O W E R P A R A P E T + 1 3 ' - 2 " T . O . S T O R E F R O N T E N G I N E E R E D S T O N E S I L L E X C S M - 2 P O R C E L A I N T I L E E X W T - 3 E N G I N E E R E D S T O N E B A S E E X C S M - 1 P O R C E L A I N T I L E E X W T - 2 P O R C E L A I N T I L E E X W T - 3 P O R C E L A I N T I L E E X W T - 4 P O R C E L A I N T I L E E X W T - 2 D E C O R A T I V E S L A T S I N W O O D - L O O K ; A L T . O P T I O N : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X S M - 1 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P C - 1 1 S T O R E F R O N T S Y S T E M E N G I N E E R E D S T O N E P L A N T E R B O X E S E X C S M - 1 P O R C E L A I N T I L E E X W T - 2 P O R C E L A I N T I L E E X W T - 3 D E C O R A T I V E S L A T S I N W O O D - L O O K ; A L T . O P T I O N : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X S M - 1 E N G I N E E R E D S T O N E P L A N T E R B O X E S E X C S M - 1 W O O D - L O O K P O R C E L A I N T I L E A L T : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X W T - 1 5 9 ' - 4 " 1 8 ' - 4 " 1 ' - 6 " 2 8 ' - 5 " 1 ' - 6 " 9 ' - 1 0 " 3 ' - 0 " 3 ' - 0 " E N G I N E E R E D S T O N E B A S E E X C S M - 1 E N G I N E E R E D S T O N E S I L L E X C S M - 2 D A R K W A R M G R A Y M E T A L - C L A D C A P E X P C - 1 1 D A R K W A R M G R A Y M E T A L - C L A D C A P E X P C - 1 1 + 2 5 ' - 6 " T . O . U P P E R P A R A P E T O P E N B E T W E E N S L A T S O P E N B E T W E E N S L A T S E N G I N E E R E D S T O N E B A S E E X C S M - 1 E N G I N E E R E D S T O N E S I L L E X C S M - 2 + 8 ' - 0 " T . O . E N C L O S U R E E N G I N E E R E D S T O N E B A S E E X C S M - 1 1 5 ' - 0 " ELEVATIONAREAS M A T E R I A L S TOTALNETGLAZING/DOORS M E T A L S T O N E T I L E W O O D FRONT (EAST)LEFT (SOUTH)BACK (WEST)RIGHT (NORTH)PATIO 2918.8 SF1187.5 SF, 40%1731.3 SF 1 4 6 . 4 S F 8 % 3 4 5 . 7 S F 2 0 % 1 0 9 2 . 2 S F 6 3 % 1 4 7 . 0 S F 9 % 1534.3 SF94.9 SF, 7%1439.4 SF 9 3 . 6 S F 7 % 4 1 7 . 6 S F 2 9 % 8 6 5 . 9 S F 6 0 % 6 2 . 3 S F 4 % 2933.7 SF265.9 SF, 9%2667.8 SF 1 3 6 . 8 S F 5 % 4 6 0 . 3 S F 1 7 % 1 9 1 5 . 5 S F 7 2 % 1 5 5 . 2 S F 6 % 1529.6 SF27.5 SF, 2%1502.1 SF 6 9 . 4 S F 5 % 3 7 7 S F 2 5 % 9 6 6 . 8 S F 6 4 % 8 8 . 9 S F 6 % MATERIAL DISTRIBUTION ( E X S M - 1 ) ( W T - 1 , 2 , 3 , 4 ) ( E X C S M - 1 , 2 ) ( E X P C - 1 1 ) COPYRIGHT NOTICE:These drawings and specifications are copyrighted andsubject to copyright protection as an "architectural work"under sec. 102 of the copyright act, 17 U.S.C. As amendedJanuary 2003. The protection includes, without limitation,the overall form, arrangement and composition of spaces,and elements of the design. Under such protection,unauthorized use of these drawings and specifications mayresult in cessation of construction, building seizure, and / ormonetary liability.16435 North Scottsdale Rd. Suite 195Scottsdale, Arizona 85254T+1 480 998 4200 F+1 480 998 7223www. .com AAD:FITCH, Inc. S T O R E E V O L U T I O N T E A M - S T O R E 2 N O R T H P R E S T O N & F R O N T I E R P K W Y P R O S P E R , T X 7 5 0 7 8 D A T E : S H E E T : 2 0 1 9 - 0 2 - 0 5 S C A L E : D R A W N B Y : P R O J E C T N U M B E R : 3 2 0 1 0 8 4 6 3 - A S N O T E D V I C T O R Y A T F R O N T I E R , B L O C K A , L O T 2 . T O W N P R O J E C T N U M B E R P R E P A R A T I O N D A T E D 1 8 - 0 1 2 7 / D 1 9 - 0 0 6 1 EAST ELEVATION - FRONT 3 / 3 2 " : 1 ' - 0 " 2 N O R T H E L E V A T I O N - S I D E 3 / 3 2 " : 1 ' - 0 " NOTE:·THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALLBUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THEBUILDING INSPECTIONS DEPARTMENT.·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREED BY APARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BETHE SPECIFICATIONS OF THE ZONING ORDINANCE.·WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALLBE PAINTED TO MATCH THE BUILDING.·ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVALBY THE BUILDING INSPECTIONS DEPARTMENT.·WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITYOF TEN (10) PERCENT.·ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRERE-APPROVAL BY THE TOWN OF PROSPER. A E E - 1 I t e m 1 1 + 0 ' - 0 " F I N . F L R + 1 7 ' - 0 " T . O . R O O F + 8 ' - 6 " B . O . C A N O P Y P O R C E L A I N T I L E E X W T - 4 P O R C E L A I N T I L E E X W T - 2 P O R C E L A I N T I L E E X W T - 3 P O R C E L A I N T I L E E X W T - 4 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P C - 1 1 ENGINEERED STONESILLEXCSM-2 PORCELAIN TILEEXWT-3 ENGI N E E R E D S T O N E BASE E X C S M - 1 ENGINEERED STONESILLEXCSM-2 ENGINEERED STONEBASEEXCSM-1 E N G I N E E R E D S T O N E S I L L E X C S M - 2 E N G I N E E R E D S T O N E B A S E E X C S M - 1 P O R C E L A I N T I L E E X W T - 2 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P T - 2 D E C O R A T I V E S L A T S I N W O O D - L O O K ; A L T . O P T I O N : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X S M - 1 E N G I N E E R E D S T O N E P L A N T E R B O X E S E X C S M - 1 P A I N T E D M E T A L D O O R P T - 9 P A I N T E D M E T A L D O O R P T - 9 W O O D - L O O K P O R C E L A I N T I L E A L T : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X W T - 1 WOOD-LOOK PORCELAIN TILEALT: IPE WOOD RAINSCREENPER MASTER DEVELOPMENTSPEC EXWT-1 1 2 0 ' - 5 " 3 ' - 0 " 15'-3"1'-6" 3 1 ' - 0 " D A R K W A R M G R A Y M E T A L - C L A D C A P E X P C - 1 1 14'-0 " 1 ' - 6 " 1 ' - 6 " 2 0 ' - 5 " 1 ' - 1 0 " 2 3 ' - 1 0 " + 2 2 ' - 0 " T . O . L O W E R P A R A P E T + 2 5 ' - 6 " T . O . U P P E R P A R A P E T + 8 ' - 0 " T . O . E N C L O S U R E P A I N T E D M E T A L G A T E S E X P T - 2 PORCELAIN TILEEXWT-4DARK WARM GRAYMETAL-CLAD CAPEXPC-11 DECORATIVE SLATS INWOOD-LOOK; ALT. OPTION: IPEWOOD RAINSCREENPER MASTER DEVELOPMENT SPEC EXSM-112'-6" + 0 ' - 0 " F I N . F L R E X C S M - 2 E N G I N E E R E D S T O N E S I L L E N G I N E E R E D S T O N E S I L L P O R C E L A I N T I L E E X W T - 3 E N G I N E E R E D S T O N E B A S E E X C S M - 1 E X C S M - 1 E X C S M - 2 P O R C E L A I N T I L E E X W T - 3 E N G I N E E R E D S T O N E B A S E E X C S M - 1 P A I N T E D M E T A L D O O R E N G I N E E R E D S T O N E P L A N T E R B O X E S P T - 9 5 9 ' - 4 " 3 ' - 0 " 3 ' - 0 " 1 9 ' - 0 " 1 ' - 6 " 1 7 ' - 9 " 1 4 ' - 9 " 6 ' - 4 " + 1 7 ' - 0 " T . O . R O O F P O R C E L A I N T I L E E X W T - 4 P O R C E L A I N T I L E E X W T - 2 W O O D - L O O K P O R C E L A I N T I L E E X W T - 1 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P C - 1 1 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P C - 1 1 D E C O R A T I V E S L A T S I N W O O D - L O O K ; A L T . O P T I O N : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C ; O P E N B E T W E E N S L A T S E X S M - 1 D A R K W A R M G R A Y M E T A L - C L A D B E A M S E X P C - 1 1 E X T E R I O R S I G N A G E B Y S I G N C O N T R A C T O R . S E P A R A T E P E R M I T . D E C O R A T I V E S L A T S I N W O O D - L O O K ; A L T . O P T I O N : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X S M - 1 W O O D - L O O K P O R C E L A I N T I L E A L T : I P E W O O D R A I N S C R E E N P E R M A S T E R D E V E L O P M E N T S P E C E X W T - 1 + 2 2 ' - 0 " T . O . L O W E R P A R A P E T + 2 5 ' - 6 " T . O . U P P E R P A R A P E T + 8 ' - 0 " T . O . E N C L O S U R E E N G I N E E R E D S T O N E B A S E E X C S M - 1 D A R K W A R M G R A Y M E T A L - C L A D C A P E X P C - 1 1 1 5 ' - 0 " O P E N B E T W E E N S L A T S O P E N B E T W E E N S L A T S ELEVATIONAREAS M A T E R I A L S TOTALNETGLAZING/DOORS M E T A L S T O N E T I L E W O O D FRONT (EAST)LEFT (SOUTH)BACK (WEST)RIGHT (NORTH)PATIO 2918.8 SF1187.5 SF, 40%1731.3 SF 1 4 6 . 4 S F 8 % 3 4 5 . 7 S F 2 0 % 1 0 9 2 . 2 S F 6 3 % 1 4 7 . 0 S F 9 % 1534.3 SF94.9 SF, 7%1439.4 SF 9 3 . 6 S F 7 % 4 1 7 . 6 S F 2 9 % 8 6 5 . 9 S F 6 0 % 6 2 . 3 S F 4 % 2933.7 SF265.9 SF, 9%2667.8 SF 1 3 6 . 8 S F 5 % 4 6 0 . 3 S F 1 7 % 1 9 1 5 . 5 S F 7 2 % 1 5 5 . 2 S F 6 % 1529.6 SF27.5 SF, 2%1502.1 SF 6 9 . 4 S F 5 % 3 7 7 S F 2 5 % 9 6 6 . 8 S F 6 4 % 8 8 . 9 S F 6 % MATERIAL DISTRIBUTION ( E X S M - 1 ) ( W T - 1 , 2 , 3 , 4 ) ( E X C S M - 1 , 2 ) ( E X P C - 1 1 ) COPYRIGHT NOTICE:These drawings and specifications are copyrighted andsubject to copyright protection as an "architectural work"under sec. 102 of the copyright act, 17 U.S.C. As amendedJanuary 2003. The protection includes, without limitation,the overall form, arrangement and composition of spaces,and elements of the design. Under such protection,unauthorized use of these drawings and specifications mayresult in cessation of construction, building seizure, and / ormonetary liability.16435 North Scottsdale Rd. Suite 195Scottsdale, Arizona 85254T+1 480 998 4200 F+1 480 998 7223www. .com AAD:FITCH, Inc. S T O R E E V O L U T I O N T E A M - S T O R E 2 N O R T H P R E S T O N & F R O N T I E R P K W Y P R O S P E R , T X 7 5 0 7 8 D A T E : S H E E T : 2 0 1 9 - 0 2 - 0 5 S C A L E : D R A W N B Y : P R O J E C T N U M B E R : 3 2 0 1 0 8 4 6 3 - A S N O T E D V I C T O R Y A T F R O N T I E R , B L O C K A , L O T 2 . T O W N P R O J E C T N U M B E R P R E P A R A T I O N D A T E D 1 8 - 0 1 2 7 / D 1 9 - 0 0 6 3 WEST ELEVATION - REAR 3 / 3 2 " : 1 ' - 0 " 4 S O U T H E L E V A T I O N - S I D E 3 / 3 2 " : 1 ' - 0 " A E E - 2 NOTE:·THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALLBUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM THEBUILDING INSPECTIONS DEPARTMENT.·ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLICVIEW. ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREED BY APARAPET WALL OR SCREENING WALL. SCREENING WALLS SHALL BETHE SPECIFICATIONS OF THE ZONING ORDINANCE.·WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALLBE PAINTED TO MATCH THE BUILDING.·ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVALBY THE BUILDING INSPECTIONS DEPARTMENT.·WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITYOF TEN (10) PERCENT.·ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRERE-APPROVAL BY THE TOWN OF PROSPER. I t e m 1 1 + 0 ' - 0 " F I N . F L R + 1 9 ' - 0 " T . O . F A S C I A + 2 7 ' ' - 0 " T . O . R O O F + 1 6 ' - 0 " B . O . F A S C I A D I M E N S I O N A L F A S C I A B A N D A L P O L I C A C M P A N E L S I N B S M B L A C K E Y E B R O W L I G H T I N G A T T O P O F C A N O P Y F A S C I A E N G I N E E R E D S T O N E B A S E E X C S M - 1 C O R R U G A T E D P I T C H E D M E T A L R O O F P A I N T E D T O M A T C H A L P O L I C A C M P A N E L S I N B S M B L A C K 1 6 ' - 0 " 3 6 ' - 0 " 1 5 2 ' - 0 " E N G I N E E R E D S T O N E B A S E E X C S M - 1 + 0 ' - 0 " F I N . F L R + 1 9 ' - 0 " T . O . F A S C I A + 2 7 ' ' - 0 " T . O . R O O F + 1 6 ' - 0 " B . O . F A S C I A D I M E N S I O N A L F A S C I A B A N D A L P O L I C A C M P A N E L S I N B S M B L A C K C O R R U G A T E D P I T C H E D M E T A L R O O F P A I N T E D T O M A T C H A L P O L I C A C M P A N E L S I N B S M B L A C K E Y E B R O W L I G H T I N G A T T O P O F C A N O P Y F A S C I A 33'-0"10'-0"8'-6" E Q . E Q . E Q . + 0 ' - 0 " F I N . F L R + 1 9 ' - 0 " T . O . F A S C I A + 2 7 ' ' - 0 " T . O . R O O F + 1 6 ' - 0 " B . O . F A S C I A D I M E N S I O N A L F A S C I A B A N D A L P O L I C A C M P A N E L S I N B S M B L A C K E Y E B R O W L I G H T I N G A T T O P O F C A N O P Y F A S C I A ENGINEERED STONEBASEEXCSM-1 CORRUGATED PITCHED METAL R O O F PAINTED TO MATCH ALPOLIC AC M PANELS IN BSM BLACK16'-0"36'-0"COPYRIGHT NOTICE:These drawings and specifications are copyrighted andsubject to copyright protection as an "architectural work"under sec. 102 of the copyright act, 17 U.S.C. As amendedJanuary 2003. The protection includes, without limitation,the overall form, arrangement and composition of spaces,and elements of the design. Under such protection,unauthorized use of these drawings and specifications mayresult in cessation of construction, building seizure, and / ormonetary liability.16435 North Scottsdale Rd. Suite 195Scottsdale, Arizona 85254T+1 480 998 4200 F+1 480 998 7223www. .com AAD:FITCH, Inc. S T O R E E V O L U T I O N T E A M - S T O R E 2 N O R T H P R E S T O N & F R O N T I E R P K W Y P R O S P E R , T X 7 5 0 7 8 D A T E : S H E E T : 2 0 1 9 - 0 2 - 0 5 S C A L E : D R A W N B Y : P R O J E C T N U M B E R : 3 2 0 1 0 8 4 6 3 - A S N O T E D V I C T O R Y A T F R O N T I E R , B L O C K A , L O T 2 . T O W N P R O J E C T N U M B E R P R E P A R A T I O N D A T E D 1 8 - 0 1 2 7 / D 1 9 - 0 0 6 1 F U E L C A N O P Y - S I D E 3 / 3 2 " : 1 ' - 0 " 2 FUEL CANOPY- FRONT 3 / 3 2 " : 1 ' - 0 " A E E - 4 3 FUEL CANOPY- PERSPECTIVE N T S I t e m 1 1 Item 11 FOOD/BEV MERCH FOOD/BEV MERCH SWITCHGEAR & METER PROPANE CAGE BULK CO2 TRASH RECYCLE USED COOKING OIL DRAINAGE & SANITARY SEWER EASEMENT DOC. NO. 2018-699 P.R.C.C.T. 10' WATER EASEMENT DOC. NO. 20080623000754670 R.P.R.C.C.T. 24' DRAINAGE & SANITARY SEWER EASEMENT DOC. NO. 2018-699 P.R.C.C.T. F R O N T I E R P A R K W A Y N. PRESTON ROAD (STATE HIGHWAY 289) LOT 3, BLOCK A VICTORY AT FRONTIER DOC. NO. 2018-699 P.R.CC.T. LOT 3, BLOCK A VICTORY AT FRONTIER DOC. NO. 2018-699 P.R.CC.T. LOT 2, BLOCK A 59,998 SQ.FT. 1.377 ACRES VICTORY AT FRONTIER DOC. NO. 2018-699 P.R.CC.T. 30' RIGHT-OF-WAY DEDICATION DOC. NO. 2018-699 P.R.C.C.T. D N 8 8 ° 3 5 ' 3 6 " W 2 6 3 . 8 4 ' N0°15'13"E 237.43' S8 9 ° 5 3 ' 3 9 " E 21 1 . 8 1 ' S1°23'32"W 117.44' S4°45'06"E 100.58' S44°42'27"E 11.61' F H 2 0 ' 6 . 5 ' 5 9 . 3 2 ' 2 0 ' 1 2 ' 1 2 ' 9'5'11' 9' TYP. 120.66' 4.9' 12'12' 1 6 ' 9' TYP. 17.47' 1.55' 24'20'30.5' 30' BUILDING LINE / LANDSCAPE SETBACK 2 4 ' 3 6 ' 3 0 ' 152.04'12.34' 6' 18' 20' 9' TY P . 24 ' R10' 55 . 1 8 ' 10 ' 5'10' 20.1' 17.13' 16 4 . 3 7 ' 3 9 . 4 ' 3 0 ' B U I L D I N G L I N E / L A N D S C A P E S E T B A C K 93.4' 4 0 . 5 ' 2 9 . 1 7 ' 2 4 ' F I R E L A N E / A C C E S S , D R A I N A G E U T I L I T Y E S M T . 24' FIRE LANE / ACCESS, DRAINAGE UTILITY ESMT. PROPOSED 6,487 SF BUILDING (GAS STATION: 4,971 SF) ( RESTAURANT 1,516 SF) (OUTDOOR DINING: 510 SF) FFE=524.75 5' 25' WATER ESMT. 2 1 510 SF OUTDOOR SEATING AREA PROP. FUEL CANOPY (PER FUEL PLANS) PROP. AIR/WATER /VACUUM STATION. REFER TO ARCH. PROP. FUEL VENTS PROP. 8' TRASH ENCLOSURE W/ BRICK VENEER TO MATCH BUILDING AND W/ METAIL GATES EQUAL IN HIEGHT OF THE WALL ENCLOSURE PROP. PAD MOUNTED TRANSFORMER W/ SCREENING PROP. PEDESTRIAN ACCESS ESMT. 404.78' TO INTERSECTION 2 7 2 . 8 ' T O I N T E R S E C T I O N 1,356 TO COLEMAN ST PROP. B.F.R. PROP. SERVICE DOOR PROP. PIPE BOLLARD TYP. PROP. PIPE BOLLARD TYP. PROP. B.F.R. PROP. B.F.R. EX. TRAFFIC SIGNAL LIGHT EX. TRAFFIC SIGNAL LIGHT PROP. B.F.R. 1 2 ' 1 8 ' 3 0 ' 30' LOADING ZONE PROP. SCREEN WALL R 3 0 ' 215.01' STORAGE24' 100' TRANSITION PROP. RIGHT TURN LANE PROP. B.F.R. PROP. B.F.R. R 1 0 ' R 2 2 ' 24' FDC 3 HEADLIGHT SCREENIGN HEADLIGHT SCREENIGN HEADLIGHT SCREENIGN R 3 0 ' R 5 4 ' R 3 0 ' R 3 0 ' R 2 0 ' R 5 ' PROP. B.F.R. 2 4 ' R 5 ' R 3 ' R 3 ' R 5 ' R 2 ' R5 4 ' R 3 0 ' R 3 0 ' R 2 2 5 ' R 2 2 5 ' R 2 5 ' R 3 0 ' EXISTING CURB INELT TO BE REMOVED EXISTING SIGN TO BE RELOCATED R 3 0 ' R 3 0 ' R 3 0 ' 3 0 . 9 3 ' 32' R 3 ' 50.5' EXISTING POWER POLE TO REMAIN EXISTING POWER POLE TO REMAIN 5 ' 34.5' PROP. FIRE HYDRANT 1 0 ' R 9 5 ' R 1 0 5 ' R 1 1 5 ' EXISTING FIRE HYDRANT TO REMAIN 25' 1 5 ' 16.2' PROP. FIRE HYDRANT BY OTHERS PROP. FIRE HYDRANT EXISTING SANITARY SEWER MANHOLE GT PROP. CURB INLET PROP. JUNCTION BOX PROP. GRATE INLET PROP. GRATE INLET PROP. GRATE INLET PROP. DROP INLET WATER ESMT. PROP. CURB INELT R 3 0 ' 24' 2 4 ' 2 4 ' 5 3 ' PROP. FIRE HYDRANT BY OTHERS WATER ESMT. EXISTING SANITARY SEWER MANHOLE EXISTING SANITARY SEWER MANHOLE 5 ' 5 ' PROP. 15' WATER ESMT. 4 0 . 5 ' 8 ' 2 0 . 5 ' 13.9' 3 5 ' WATER ESMT. R 3 ' R 3 ' 5' STREET ESMT. DA T E No . RE V I S I O N BY DATE: SHEET File No. 2018-135 2/7/2019 CHECKED: MKT DRAWN:MKT DESIGN: 7 E L E V E N LO T 2 , B L O C K A VI C T O R Y A T F R O N T I E R PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 ASD PRELIMINARY CLAYMOORE ENGINEERING SI T E P L A N (S H E E T 1 O F 2 ) SP-1 COUNTY SURVEY:ABSTRACT NO. COLLIN -- CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: WINDROSE LAND SURVEYING & PLATTING 220 SOUTH ELM STREET, SUITE 200 LEWISVILLE, TX 75057 PH: 214.217.2544 SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE #413 FRISCO, TEXAS 75034 PH: 972.951.7851 LOT 2, BLOCK A VICTORY AT FRONTIER DOC. NO. 2018-699 DOC. P.R.C.C.T. 1.377 ACRES (59,998 SF) 7 ELEVEN CONTACT NAME: SHANE PARTRIDGE CONTACT NAME: MATT MOORE CONTACT NAME: JACK BARTON SITE PLAN CASE #: D18-0127 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. BENCHMARK: 1. AN 'X' CUT ON A CURB INLET WHICH BEARS S13°47'E,84.93' FROM THE SOUTHEAST PROPERTY CORNER. POSTED ELEVATION: 708.16' 2.AN 'X' CUT SET WHICH BEARS S02°38'W, 458.75' FROM THE SOUTHWEST PROPERTY CORNER. ELEVATION:704.14 WATER METER SCHEDULE ID TYPE SIZE NO. DOM.2" 1 IRR. 1 1/2"1 1 2 *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* LEGEND 6" MEDIUM DUTY CONCRETE PAVEMENT. 5" LIGHT DUTY CONCRETE PAVEMENT. 8" DUMPSTER AREA CONCRETE PAVEMENT. PROPOSED CONCRETE SIDEWALK. PROPOSED CONCRETE CURB AND GUTTER. PARKING COUNT PROPOSED SIDEWALK PER CITY STANDARDS PROPOSED DRIVEWAY PAVEMENT PER CITY STANDARDS. N.T.S. VICINITY MAP N N P R E S T O N R D FRONTIER PKWY SITE E PROSPER TRAIL PROP. MUTUAL ACCESS DRIVE TO NEXT MEDIAN OPENING FUTURE MEDIAN (BY OTHERS) GREASE TRAP 1000 gal.13 MA T C H L I N E Item 11 24' DRAINAGE & SANITARY SEWER EASEMENT DOC. NO. 2018-699 P.R.C.C.T. LOT 3, BLOCK A VICTORY AT FRONTIER DOC. NO. 2018-699 P.R.CC.T. 2 4 ' 2 4 ' PROP. FIRE HYDRANT BY OTHERS WATER ESMT. EXISTING SANITARY SEWER MANHOLE EXISTING SANITARY SEWER MANHOLE DA T E No . RE V I S I O N BY DATE: SHEET File No. 2018-135 2/7/2019 CHECKED: MKT DRAWN:MKT DESIGN: 7 E L E V E N LO T 2 , B L O C K A VI C T O R Y A T F R O N T I E R PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 ASD PRELIMINARY CLAYMOORE ENGINEERING SI T E P L A N (S H E E T 2 O F 2 ) SP-2 COUNTY SURVEY:ABSTRACT NO. COLLIN -- CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: WINDROSE LAND SURVEYING & PLATTING 220 SOUTH ELM STREET, SUITE 200 LEWISVILLE, TX 75057 PH: 214.217.2544 SCHAFFER CONSTRUCTION 2601 NETWORK BLVD., SUITE #413 FRISCO, TEXAS 75034 PH: 972.951.7851 LOT 2, BLOCK A VICTORY AT FRONTIER DOC. NO. 2018-699 DOC. P.R.C.C.T. 1.377 ACRES (59,998 SF) 7 ELEVEN CONTACT NAME: SHANE PARTRIDGE CONTACT NAME: MATT MOORE CONTACT NAME: JACK BARTON SITE PLAN CASE #: D18-0127 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL AND VOID. BENCHMARK: 1. AN 'X' CUT ON A CURB INLET WHICH BEARS S13°47'E,84.93' FROM THE SOUTHEAST PROPERTY CORNER. POSTED ELEVATION: 708.16' 2.AN 'X' CUT SET WHICH BEARS S02°38'W, 458.75' FROM THE SOUTHWEST PROPERTY CORNER. ELEVATION:704.14 *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* LEGEND 6" MEDIUM DUTY CONCRETE PAVEMENT. 5" LIGHT DUTY CONCRETE PAVEMENT. 8" DUMPSTER AREA CONCRETE PAVEMENT. PROPOSED CONCRETE SIDEWALK. PROPOSED CONCRETE CURB AND GUTTER. PARKING COUNT PROPOSED SIDEWALK PER CITY STANDARDS PROPOSED DRIVEWAY PAVEMENT PER CITY STANDARDS. N.T.S. VICINITY MAP N N P R E S T O N R D FRONTIER PKWY SITE E PROSPER TRAIL MA T C H L I N E PROP. DEVLOPMENT (BY OTHERS) PR O P . P A V E M E N T (B Y O T H E R S ) Item 11 February 12, 2019 Ms. Pamela Clark Town of Prosper 200 S. Main Street Prosper, TX 75078 Re: Victory at Frontier, Block A, Lot 2 – Façade Exception Request Dear Pamela, Please let this letter provide the support for the façade exception request on the proposed 7-Eleven project to be located at the SWC of Frontier Parkway and Preston Road. We have provided the colored elevations based on discussions with Staff and the comments received to date. Below are the criteria noted in the ordinance and our team’s feedback to each requirement. 1. Is unique architectural expression This project is one of five new prototypes being developed by 7-Eleven across the Country with this larger store footprint. This project will be a complete overhaul in the design and functionality both inside and outside to meet this type of market’s expectations. Each of the five stores being developed are individually unique and are being tailored to the locations in which they are developed in design, product offerings, etc. This project will be a foundation that is used for future design concepts. This architecture will be one of a kind, making this unique to Prosper. 2. Includes unique building styles and materials This building will contain porcelain tile products. While porcelain has been a popular interior finish for years, it has been developed as an exterior material, offering an extensive color palette that is attractive and extremely durable. There are more designers, owners, developers going this direction for their projects. We are also working to incorporate wood slats, stone walls, and metal canopies to create a unique look to this building. 3. Is consistent with high quality development It is our team’s sincere belief that this building meets and exceeds the quality and expectations set forth in the Town ordinances. Prosper was chosen as one of five locations for this exciting new concept for 7-Eleven because of the quality that this Town expects and our team has strived to exceed those requirements. Item 11 4. Is or would be visually harmonious with existing or proposed nearby buildings Our team reviewed the previously approved elevations for the Victory development located at the far south end of this parent tract. Our team worked with the same family of colors to create a nice complementary color pallet with the other building. 5. Has obvious merit based upon the quality and durability of the materials; Our team believes the materials presented are durable and exude quality. We have worked with the manufacturers of the porcelain tile to address the climate concerns in Texas for a porcelain tile material as well as the wood accent materials that are shown. The rest of the materials are common to developments in the DFW area. 6. Represents an exterior building material that is in keeping with the intent of this chapter to balance the abovementioned objectives. Based on the discussion points above, we believe that the colored elevations presented as part of this request meet the intent of the objectives and provide a project that the Town can support. Sincerely, Claymoore Engineering, Inc. Matt Moore Item 11 View GARCO, LLC | Kendall, Florida Samples From the 100° heat to hurricane force winds and rain, buildings in south Florida are subject to extreme and often punishing weather. For property owners, it’s essential to have exterior facades that can endure the challenging conditions—and look good doing it. The right exterior solutions can directly influence building cost and property value. The leadership of GARCO, LLC, a custom homebuilder near Miami, are keenly aware of the need for exterior building materials that are substantial, strong, and stylish. When the GARCO company headquarters was relocated to a new facility in Kendall, Florida, the team behind the project specified Crossville’s gauged porcelain tile panels to skin the exterior of the new location. More than just a “pretty facade”, the Crossville porcelain panels serve as a formidable, non-load bearing layer that serves to protect the building from the effects of weather. With its ability to skin a variety of surfaces, Crossville’s gauged porcelain tile panels offer many unique benefits that made them ideal for this highly visible corporate headquarters. The design team opted to incorporate the aesthetically appealing I Naturali collection to cover the exterior surfaces and columns at the building’s entrance. The I Naturali panels offer a classic, artisanal natural stone look and come in the large size of 1m x 3m. These generous outer dimensions provide efficiency in installation, fewer grout joints, and a more sleek and uninterrupted look. Tile contractor Ivan “Chino” Herrera, owner of The Miami Floors, is a qualified installer of gauged porcelain tile panels. He attended workshops sponsored by Crossville to be trained in the proper installation methodology and is now very experienced in working with the material through a variety of other projects. For the GARCO installation, Herrera and his team had the porcelain tile panels delivered to the jobsite and hoisted to the roof where they were cut down to 78” x 27” panels for the large areas and 27” x 27” for the columns. The panels were direct bonded to a cement substrate using Laticrete Hydro Ban waterproofing and Laticrete 254 Platinum Thin-set mortar. Joints were filled with Laticrete Latasil Sealant. The result of this skillful effort is a durable facade that offers a nearly seamless natural stone style that will sustain beautifully regardless of the south Florida weather. It’s fitting that these innovative Crossville gauged porcelain tile panels are the Crossville Porcelain Tile Panels Complete Building's Exterior Facade https://crossvilleinc.com/inspiration-gallery/garco-south-florida/#crossvil... 1 of 2 11/30/2018, 5:22 PM Item 11 exterior surfacing solution of choice for GARCO’s Kendall headquarters. The company, focused on showcasing the latest in homebuilding options, is now in a stunning facility that greets its guests with the latest advancement for exterior cladding. Distributor: D&B Tile Distributors Property Owner: GARCO, LLC Tile Contractor: The Miami Floor, Ivan Herrera – owner Photography: G. Richard Booth Crossville Porcelain Tile Panels Complete Building's Exterior Facade https://crossvilleinc.com/inspiration-gallery/garco-south-florida/#crossvil... 2 of 2 11/30/2018, 5:22 PM Item 11 Item 11 Built in the late 1950s, Bhojwani Tower was designed by Albert Anis, known for his Art Deco architecture throughout Miami. Originally a bank, the Bhojwani, located on the corner of one of Miami Beach’s busiest pedestrian intersections, operates as a mixed-use building with residential and retail areas. When beginning the renovation process, Kobi Karp Architecture and Interior Design not only had to consider updating the building’s exterior to stringent building codes but also meeting the requirements of the Miami Beach Historic Preservation Board. Due to hurricanes, South Florida’s coastal areas fall into the High Velocity Hurricane Zone. Miami-Dade identified that it isn’t wind and rain that causes the most damage in strong storms; it’s exterior building pieces that come loose and become projectiles during extreme conditions. Thus, the International Building Code does not allow anything larger than 3 square feet to be attached to the outside of a building because the adhesives used would cure before the cladding pieces are properly placed —especially in the area’s warm climate. This would make cladding more prone to fly off during storms. To meet all code and preservation requirements, the Kobi Karp design team specified Crossville’s I Naturali collection of gauged porcelain tile panels to cover the exterior walls of the Bhojwani Tower. The team also advised Miami-Dade County officials that the Crossville material would meet stringent building codes and come in on budget if mounted with HyCOMB USA’s innovative cladding system. The HyCOMB USA team worked with D&B Tile Distributors to deliver the solution for installation of Crossville’s gauged porcelain tile panels for this project. Daniel Slain of HyCOMB USA explains that the company’s system works with Crossville’s surfacing solution because of the unique backing configuration and proven performance during testing for extreme conditions. In the testing, a standard piece of 2″x4″ lumber is shot out of an air cannon at a rate of 50 feet per second. That’s over 34 miles per hour. This exercise shows simulated impact from airborne objects in hurricane situations. “We have a honeycomb backer that is .75” thick. We bond the gauged porcelain tile panels to our core. To comply with the code (for the High Velocity Hurricane Zone), HyCOMB panels were tested by shooting a 2″x4″ at 50 fps at our panels while sustaining minimal damage, but remained intact,” explains Slain. Crossville’s panels are 1M x 3M and relatively simple to work with for experienced installers who have received training with the material. The bonding of the tile panels to the HyCOMB USA core offers distinct efficiencies unparalleled by other surfacing options. Slain shares,”“To direct bond, it would require more time because each row would have to set for a day. Our panels are independent of each other and held in place by mechanical fasteners. They do not rest on the layer below. On normal size stone panels we would need a five-man crew. With the Crossville porcelain tile panels, we use three people and produce twice the square footage each day.” Another major advantage of using the Crossville tile panels is the weight compared to Crossville Porcelain Tile Panels Complete Building's Exterior Facade https://crossvilleinc.com/inspiration-gallery/bhojwani-tower-miami/ 1 of 2 11/30/2018, 5:24 PM Item 11 other cladding options. These panels are light enough in weight to be handled by fewer workers. This is important to note for the Bhojwani project because of its location on a busy street corner in the heart of the tourist district. If the architects had specified natural stone, the project team would have faced more time-consuming challenges and safety issues. With the porcelain panels, the three-man crew was able to lift the tiles through the scaffolding and put in place using HyCOMB’s fastening system—reducing both time and risk factors for the project during installation. Beyond the benefits of installation efficiencies, the tile panels’ classic, timeless look answers aesthetic demands and are actually more consistent in appearance than other materials such as natural stone. The panels not only offer a beautiful appearance for the building, but they will also be able to withstand the harsh South Florida elements. They’re innately resistant to UV rays and are highly scratch-proof and resistant to deep abrasion. Also, the panels are eco-friendly, as the body of the tiles is comprised of natural raw materials, and the tile does not release toxins into the environment. Right style, right performance, right for the environment—Crossville’s porcelain tile panels are ideal for Miami Beach’s preservation standards and the seasonless appeal of this iconic destination. Architect: Kobi Karp Architecture and Interior Design Tile Installer: Carolina Correa with Stoneworks, USA Tile Distributor: D&B Tile Distributors Mechanical Fastening System: HyCOMB USA Photography: Dick Booth, Boca Publishing Crossville Porcelain Tile Panels Complete Building's Exterior Facade https://crossvilleinc.com/inspiration-gallery/bhojwani-tower-miami/ 2 of 2 11/30/2018, 5:24 PM Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com Natural Inspirations – Fokos Fokos – 3+ and 5.6mm Gauged Porcelain Tile Panels Sand, earth, salt and rock come together in a palette inspired by Grecian landscape. Where earth meets man and nature converges with design you find Fokos. Rena - L3917 - 5.6 (Floors & Walls) - Stocking L4903 - 3+ (Walls) - Special Order Roccia - L3916 - 5.6 (Floors & Walls) - Stocking L4482 - 3+ (Walls) - Special Order Piombo - L4338 - 5.6 (Floors & Walls) - Stocking L4879 - 3+ (Walls) - Special Order Terra - L3915 - 5.6 (Floors & Walls) - Stocking L4496 - 3+ (Walls) - Special Order Sale - L3914 - 5.6 (Floors & Walls) - Stocking L4489 - 3+ (Walls) - Special Order Note! These samples depict base color and sheen. Please refer to our website for a more accurate depiction of veining and pattern. *See chart on the next page for further information Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com Natural Inspirations – Fokos Specifications Product Codes Series and Color Item Codes Special Order Sizes** 3+ 1M3M 3+ 1M1M**5.6 1M3M**5.6 1M1M 3+5.6 Fokos Piombo L4879.1M3M †L4338.1M3M †x Fokos Rena L4903.1M3M †L3917.1M3M †x Fokos Roccia L4482.1M3M †L3916.1M3M †x Fokos Sale L4489.1M3M †L3914.1M3M †x Fokos Terra L4496.1M3M †L3915.1M3M †x † Please Contact Customer Service for lead times and availability. ** Special Order Items are only sold in full crate quanities. Sand, earth, salt and rock come together in a palette inspired by Grecian landscape. Where earth meets man and nature converges with design you find Fokos. • Available in 3+ for wall use and 5.6 for floor and wall use • Unparalleled testing and training ensures high performance • Suitable for indoor surfaces Product Features & Benefits Laminam 5.6 Fokos_Rena Laminam 5.6mm Floor - Fokos_Piombo Backsplash - Crossville Yin + Yang Koi Pond Hex Laminam 1 meter x 1 meter sheets* LAMINAM 3+ LAMINAM 5.6 Piece 10.76 sq. ft./piece 10.76 sq. ft./piece Carton 3 pc./carton 2 pc./carton Sq. ft./carton 32.28 sq. ft./carton 21.52 sq. ft./carton Sq. ft./pallet 1.097.52 sq. ft./pallet 538.0 sq. ft./pallet Lbs./piece 18.07 lbs./piece 31.27 lbs./piece Lbs./pallet 1,843.14 lbs./pallet 1,563.50 lbs./pallet Cartons/pallet 34 cartons/pallet 25 cartons/pallet Laminam 1 meter x 3 meter sheets* LAMINAM 3+LAMINAM 5.6 Piece 32.29 sq. ft./piece 32.29 sq. ft./piece Crate 20 pc./crate 13 pc./crate Sq. ft./crate 645.80 sq. ft./crate 419.77 sq. ft./crate Lbs./piece 51.66 lbs./piece 93.96 lbs./piece Lbs./crate 1,285 lbs./crate (includes crate weight) 1,422 lbs./crate (includes crate weight) Sq. ft. minimum order 32.29 sq. ft.32.29 sq. ft. * Laminam arrives in oversize crates. These crates require proper receiving and handling equipment. Note: Non-full crate orders of 5.6mm Laminam or mixed orders of 3+ and 5.6 mm will arrive on vertical A-frame type crates. These A-frames require the same specialized handling equipment.Please refer to the Laminam technical guide online for receiving and handling information at LaminambyCrossville.com. Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com Foundations – Blend Grigio - L1367 - 3+ (Walls) - Stocking L 3521 - 5.6* (Floors & Walls ) - Stocking Nero - L1510 - 3+ (Walls) - Stocking L4401 - 5.6* (Floors & Walls ) - Stocking Blend – 3+ and 5.6mm Gauged Porcelain Tile Panels Avorio - L2048 - 3+ (Walls) - Stocking L4538 - 5.6* (Floors & Walls ) - Stocking Noce - L2049 - 3+ (Walls) - Stocking L4743 - 5.6* (Floors & Walls ) - Stocking Note! These samples depict base color and sheen. Please refer to our website for a more accurate depiction of veining and pattern. *See chart on the next page for further information Flexible, versatile and inspired by cement, with a special speckled visual effect. Blend reveals remarkably broad-ranging application possibilities, making it ideal for the world of interior design Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com • Available in 3+ for wall use and 5.6 for floor and wall use • Unparalleled testing and training ensures high performance • Suitable for indoor surfaces Laminam 1 meter x 1 meter sheets* LAMINAM 3+ LAMINAM 5.6 Piece 10.76 sq. ft./piece 10.76 sq. ft./piece Carton 3 pc./carton 2 pc./carton Sq. ft./carton 32.28 sq. ft./carton 21.52 sq. ft./carton Sq. ft./pallet 1.097.52 sq. ft./pallet 538.0 sq. ft./pallet Lbs./piece 18.07 lbs./piece 31.27 lbs./piece Lbs./pallet 1,843.14 lbs./pallet 1,563.50 lbs./pallet Cartons/pallet 34 cartons/pallet 25 cartons/pallet Laminam 1 meter x 3 meter sheets* LAMINAM 3+LAMINAM 5.6 Piece 32.29 sq. ft./piece 32.29 sq. ft./piece Crate 20 pc./crate 13 pc./crate Sq. ft./crate 645.80 sq. ft./crate 419.77 sq. ft./crate Lbs./piece 51.66 lbs./piece 93.96 lbs./piece Lbs./crate 1,285 lbs./crate (includes crate weight) 1,422 lbs./crate (includes crate weight) Sq. ft. minimum order 32.29 sq. ft.32.29 sq. ft. * Laminam arrives in oversize crates. These crates require proper receiving and handling equipment. Note: Non-full crate orders of 5.6mm Laminam or mixed orders of 3+ and 5.6 mm will arrive on vertical A-frame type crates. These A-frames require the same specialized handling equipment.Please refer to the Laminam technical guide online for receiving and handling information at LaminambyCrossville.com. Foundations – Blend Specifications Product Codes Product Features Series and Color Item Codes Special Order Sizes** 3+ 1M3M 3+ 1M1M**5.6 1M3M 5.6 1M1M**3+5.6 Blend Avorio L2048.1M3M †L4538.1M3M †x Blend Grigio L1367.1M3M †L3521.1M3M †x Blend Nero L1510.1M3M †L4401.1M3M †x Blend Noce L2049.1M3M †L4743.1M3M †x † Please Contact Customer Service for lead times and availability. ** Special Order Items are only sold in full crate quanities. Laminam 3+ Blend_ Avorio Collection_Notte Laminam 3+ Blend_ Nero Architects: Kelly Architect (George Kelly and Jen Smith) Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com FS-LAM-BLEND-17 Distinctive Values MAIN FEATURES Dimensions 1000x3000mm Perfectly Flat 3+: 52 lbs / pc 5.6: 94 lbs / pc CHEMICAL RESISTANCE Laminam resists organic and inorganic solvents, disinfectants and detergents. It can be easily cleaned without affecting its surface characteristics; the only product that can attack the slabs is hydrofluoric acid. WEAR RESISTANCE Laminam is highly scratch proof and resistant to deep abrasion. The properties of the slabs remain unchanged even after intensive use and frequent cleaning. HIGH FLEXURAL STRENGTH Laminam has a high modulus of rupture. 3+ is 90 MOR and 5.6 is 50 MOR which are high values. Typical porcelain value is 35-37. FROST RESISTANCE Laminam’s average water absorption is 0.1% therefore it is frost resistant and suitable for any weather condition. FIRE RESISTANT Laminam does not contain organic material therefore it is resistant to fire and high temperatures. In the event of fire it does not release smoke or toxic substances. CHROMATIC PROPERTIES Laminam does not contain organic pigments and is resistant to UV rays. Even if subjected to severe climate changes, the colors remain stable. GRAFFITI Laminam is a graffiti resistant ceramic surface; it is easy to clean and even the strongest paints can be removed. SUSTAINABLE • The use of hybrid kilns that combine gas and electricity significantly reduces CO2 emissions in the atmosphere • Laminam has led the way to a photovoltaic system being installed on the roofs of its two Fiorano Modenese plants • Over a year, this photovoltaic system guarantees the production of around 1,050 GWh, thereby enabling the company to produce 10% of its energy requirements • In terms of CO2 reduction, Laminam's photovoltaic roof system eliminates the release of 525 tons of CO2 into the atmosphere annually • Member of the Green Building Council Italia, this Italian association of manu- facturing leaders strive to transform the building market towards environ- mental sustainability and to build livable communities. Partners of GBC Italia promote environmental, economic and social responsibility by innovating the way in which buildings are designed, built and used. Information listed here is subject to change. Please refer to LaminambyCrossville.com for the latest, most accurate information. Environmental Statement Laminam is a dynamic, flexible and rapidly growing company that makes recycling and sustainability its duty. The revolutionary slab produced by Laminam does not neglect environmental friendliness: natural raw materials, sustainable technology, entirely recyclable products are at the heart of the company’s green philosophy. Laminam is associated with the Green Building Council: created with natural materials, the slab does not release any substance into the environment and unbacked can be easily milled and recycled in other production cycles. Laminam slabs are produced adopting sustainable technol- ogy which respects the entire ecosystem and is designed to reduce processing waste to a minimum and to limit the use of resources. The use of hybrid kilns that combine gas and electricity significantly reduces CO2 emissions in the atmosphere. Thanks to its large format Laminam optimizes the transport, thus reducing the emission of particulate matter which is harmful for the environment. Moreover, Laminam has recently completed its own photovoltaic roof, a plant that today has already produced 1 GWh of energy and that in one year is expected to produce an estimated 1.387 GWh, therefore reducing the CO2 emission by 617 tons in the atmosphere and allowing Laminam to produce 15% of its energy requirements. About Laminam® by Crossville® Laminam, a brand which stands for innovative materials and unique technology, is the leader in large format porcelain panel production. Revolutionary technology concentrates three square meters into unbelievably thin por- celain: 3+ for interior walls and 5.6 for interior floors. Versatile and flexible, it is a genuine skin for contemporary architecture, and is ideal in a host of applications. Capable of anticipating lifestyle trends, accommodating the needs of design, and participating in the dialog of global architecture, Laminam and Crossville Inc. have joined together to bring Laminam® by Crossville® to the U.S. marketplace. Large format porcelain panels for interior walls and flooring– together, creativity is limitless. Applications Laminam® is suitable for many indoor applications: BUILDING SECTOR Floor and wall coverings, partition and storage walls, false ceilings, surface finishes and restoration, insulated panels and tunnels. INTERIOR DESIGN Surfaces of kitchen and bathroom tops, cupboards, tables, desks, doors and furnishings in general. SHIPBUILDING SECTOR The lightness and high technical properties of Laminam make it suitable for walls of cruise ships and sports crafts. COMPOSITE AND STRUCTURAL PANELS The slabs can be placed on top of each other or over other materials to create extremely light and particularly resistant composite and structural panels suitable in all those cases that require high resistance and reduced weight load on the surface. Technical Specifications LAMINAM 3+ and 5.6 mm Laminam porcelain obtained by wet grinding of clayish raw materials, granite and metamorphic feldspar-containing rocks and ceramic pigments. Com- pacted by a special shaping in compactor and sintering at 1200°C, with hybrid firing. Technical Info LAMINAM 3+ Laminam 3+ is made up of the basic slab with the structure reinforced with fiberglass matting applied on the back using special adhesive. Thickness: 3mm plus .5mm fiberglass mesh. Use of Laminam 3+ • Interior wall covering applied using adhesive LAMINAM 5.6mm • Interior floors below, and slab on interior floors above grade concrete and interior and exterior wall coverings. (See Laminam Technical Guide for more information). • Polished finishes require a penetrating sealer prior to grouting. Please Note: Due to DCOF value, these tile panels are not recommended for applications in wet areas or areas where standing water may occur. • Due to the grooved texture, when rail cutting Laminam Satori Beige, Crossville® recommends scoring face down. Foundations – Blend Item 11 Crossville, Inc. • P.O. Box 1168, Crossville, TN 38557 • Phone: 931.484.2110 • Fax: 931.456.2956 • E-Mail: Crossc@CrossvilleInc.com • CrossvilleInc.com Natural Inspirations – Fokos Distinctive Values MAIN FEATURES Dimensions 1000x3000mm Perfectly Flat 3+: 52 lbs / pc 5.6: 94 lbs / pc CHEMICAL RESISTANCE Laminam resists organic and inorganic solvents, disinfectants and detergents. It can be easily cleaned without affecting its surface characteristics; the only product that can attack the slabs is hydrofluoric acid. WEAR RESISTANCE Laminam is highly scratch proof and resistant to deep abrasion. The properties of the slabs remain unchanged even after intensive use and frequent cleaning. HIGH FLEXURAL STRENGTH Laminam has a high modulus of rupture. 3+ is 90 MOR and 5.6 is 50 MOR which are high values. Typical porcelain value is 35-37. FROST RESISTANCE Laminam’s average water absorption is 0.1% therefore it is frost resistant and suitable for any weather condition. FIRE RESISTANT Laminam does not contain organic material therefore it is resistant to fire and high temperatures. In the event of fire it does not release smoke or toxic substances. CHROMATIC PROPERTIES Laminam does not contain organic pigments and is resistant to UV rays. Even if subjected to severe climate changes, the colors remain stable. GRAFFITI Laminam is a graffiti resistant ceramic surface; it is easy to clean and even the strongest paints can be removed. SUSTAINABLE • The use of hybrid kilns that combine gas and electricity significantly reduces CO2 emissions in the atmosphere • Laminam has led the way to a photovoltaic system being installed on the roofs of its two Fiorano Modenese plants • Over a year, this photovoltaic system guarantees the production of around 1,050 GWh, thereby enabling the company to produce 10% of its energy requirements • In terms of CO2 reduction, Laminam's photovoltaic roof system eliminates the release of 525 tons of CO2 into the atmosphere annually • Member of the Green Building Council Italia, this Italian association of manu- facturing leaders strive to transform the building market towards environ- mental sustainability and to build livable communities. Partners of GBC Italia promote environmental, economic and social responsibility by innovating the way in which buildings are designed, built and used. Information listed here is subject to change. Please refer to LaminambyCrossville.com for the latest, most accurate information. Environmental Statement Laminam is a dynamic, flexible and rapidly growing company that makes recycling and sustainability its duty. The revolutionary slab produced by Laminam does not neglect environmental friendliness: natural raw materials, sustainable technology, entirely recyclable products are at the heart of the company’s green philosophy. Laminam is associated with the Green Building Council: created with natural materials, the slab does not release any substance into the environment and unbacked can be easily milled and recycled in other production cycles. Laminam slabs are produced adopting sustainable technol- ogy which respects the entire ecosystem and is designed to reduce processing waste to a minimum and to limit the use of resources. The use of hybrid kilns that combine gas and electricity significantly reduces CO2 emissions in the atmosphere. Thanks to its large format Laminam optimizes the transport, thus reducing the emission of particulate matter which is harmful for the environment. Moreover, Laminam has recently completed its own photovoltaic roof, a plant that today has already produced 1 GWh of energy and that in one year is expected to produce an estimated 1.387 GWh, therefore reducing the CO2 emission by 617 tons in the atmosphere and allowing Laminam to produce 15% of its energy requirements. About Laminam® by Crossville® Laminam, a brand which stands for innovative materials and unique technology, is the leader in large format porcelain panel production. Revolutionary technology concentrates three square meters into unbelievably thin por- celain: 3+ for interior walls and 5.6 for interior floors. Versatile and flexible, it is a genuine skin for contemporary architecture, and is ideal in a host of applications. Capable of anticipating lifestyle trends, accommodating the needs of design, and participating in the dialog of global architecture, Laminam and Crossville Inc. have joined together to bring Laminam® by Crossville® to the U.S. marketplace. Large format porcelain panels for interior walls and flooring– together, creativity is limitless. Applications Laminam® is suitable for many indoor applications: BUILDING SECTOR Floor and wall coverings, partition and storage walls, false ceilings, surface finishes and restoration, insulated panels and tunnels. INTERIOR DESIGN Surfaces of kitchen and bathroom tops, cupboards, tables, desks, doors and furnishings in general. SHIPBUILDING SECTOR The lightness and high technical properties of Laminam make it suitable for walls of cruise ships and sports crafts. COMPOSITE AND STRUCTURAL PANELS The slabs can be placed on top of each other or over other materials to create extremely light and particularly resistant composite and structural panels suitable in all those cases that require high resistance and reduced weight load on the surface. Technical Specifications LAMINAM 3+ and 5.6 mm Laminam porcelain obtained by wet grinding of clayish raw materials, granite and metamorphic feldspar-containing rocks and ceramic pigments. Com- pacted by a special shaping in compactor and sintering at 1200°C, with hybrid firing. Technical Info LAMINAM 3+ Laminam 3+ is made up of the basic slab with the structure reinforced with fiberglass matting applied on the back using special adhesive. Thickness: 3mm plus .5mm fiberglass mesh. Use of Laminam 3+ • Interior wall covering applied using adhesive LAMINAM 5.6mm • Interior floors below, and slab on interior floors above grade concrete and interior and exterior wall coverings. (See Laminam Technical Guide for more information). • Polished finishes require a penetrating sealer prior to grouting. Please Note: Due to DCOF value, these tile panels are not recommended for applications in wet areas or areas where standing water may occur. • Due to the grooved texture, when rail cutting Laminam Satori Beige, Crossville® recommends scoring face down. FS-LAM-FOKOS-17 Item 11 CROSSVILLE INCORPORATED/USA Limited Product Warranty LAMINAM® 3+ Wall and 5.6 Floor/Wall This warranty document also serves as a Certificate of Compliance. Crossville Incorporated guarantees that its LAMINAM 3+ Wall and 5.6 Floor/Wall products will meet or exceed the performance specifications outlined in ANSI 137.3 - 2017. Residential Lifetime Quality Warranty Should any Laminam 3+ Wall and 5.6 Floor/Wall product installed in a residential setting fail due to a manufacturing defect, Crossville Inc. replace the defective product pieces as it deems fit (installation not included). This Crossville Inc.’s Limited Lifetime Warranty covers your purchase of Crossville Inc. Laminam 3+ Wall and 5.6 Floor/Wall products for as long as you own your home. This warranty is non-transferable. Commercial Warranty In the event of latent defects caused by improper manufacture, the company will replace any defective units FOB plant (installation not included), provided the company is notified within one year of installation or within 18 months of shipment of product, whichever occurs first. Regarding both Residential and Commercial Limited Warranty’s, specific installation details, structural design and environmental conditions are beyond the control of the company. Crossville Inc. cannot accept responsibility for the performance of its products where improper installation, design or environmental conditions exist. DISCLAIMER Laminam 3+ Wall and 5.6 Floor/Wall, by the nature of the product, is a material that is subject to variation in veining and/or color as well as technical specifications. This is due to the variability of the natural raw ingredients and the production process itself. Any misuse of the product by the customer including physical or chemical abuse, or negligence is not covered under warranty. Installation defects or deficiencies are not covered by this warranty. Any defect visual or otherwise that is apparent prior to installation is not covered by this warranty. Samples and merchandising are for general reference only. In no event shall Crossville Inc.’s liability on any claim made by anyone exceed the purchase price paid for the product by said customer in respect to the Crossville Inc. materials on which damages are being claimed. You can find more information about our many tile products, along with other Product Performance Data and installation specifications at www.crossvilleinc.com or call (931)-484-2110 Technical Services Crossville Incorporated 7-17 Item 11 Crossville's Technical Manual ⁄ Guidelines Laminam 3+ and 5.6 Your exclusive source for Laminam in the United States LIT-LAMII-16 May 2016 Information listed here is subject to change. Please refer to LaminambyCrossville.com for the latest, most accurate information. Installation Manual Item 11 Item 11 3 04 1 THE PRODUCT 1.1 Laminam 3+ 1.2 Laminam 5.6 05 2 PACKING SPECIFICATIONS 2.1 Laminam 1 Meter x 1 Meter 2.2 Laminam 1 Meter x 3 Meter 06 3 MATERIAL HANDLING 3.1 Fork Lift Requirements 07 3.2 Ideal Handling Equipment 3.3 Shipping and Unloading Requirements 3.4 Manual Handling and Storage 08 3.5 Euro-Grip/Euro-Slide Frame/Transporter 4 INSTALLATION 4.1 Current Applications Laminam 3+ 4.2 Current Applications Laminam 5.6 09 4.3 Countertops 4.4 Suitable Substrates - Walls 4.5 Suitable Substrates - Floors 4.6 Substrate Requirements 4.7 Movement Joints 10 4.8 Install with Qualified Labor 5 INSTALLATION PROCESS 5.1 Installation Recommendations 10 5.2 Portable Work Station 11 5.3 Recommended Equipment 11-12 5.4 Use of Rail Cutters 12 5.5 Cutting and Drilling 5.6 Dry Cutting Electrical Boxes 5.7 Mortar Application 12-14 5.8 Application to the Substrate 15 5.9 Grouting 5.10 Edge Treatments and Profiles 16 5.11 Critical Review Points 6 CARE AND MAINTENANCE 6.1 Initial Care and Maintenance 7 TECHNICAL PERFORMANCE 7.1 Product Specifications 17 8 MORTAR AND GROUT SELECTION GUIDE 8.1 Manufacturer’s Product Information 18 9 EXTERIOR DIRECT BOND GUIDELINES 9.1 Code Compliance and Approval 9.2 Installation Methods 9.3 Selection of Setting Material Company 19 9.4 Laminam Tech Guide 9.5 Qualified Labor 20 Contact Information Item 11 These porcelain tile panels are produced with an innovative tile technology. By pressing without the traditional die-mold commonly used throughout the tile industry, then firing with highly controlled kilns at a temperature of approximately 2200 degrees F, this breakthrough process successfully eliminates tension within the tile panel creating a uniformly large flat piece that can be cut or trimmed with precise accuracy. The Laminam 3+ porcelain tile panels also have a fiberglass mesh permanently adhered to the back for additional strength and flexibility. All installation systems to utilize applicable TCNA Handbook detail and additionally the installation guidelines detailed in this manual. • Interior walls and countertops • Exterior Walls per exterior direct bond guidelines in section 9 • Cut to size is available with additional lead time and cost. Check with Crossville customer service for details (931-484-2110) These porcelain tile panels are produced with an innovative tile technology. By pressing without the traditional die-mold commonly used throughout the tile industry, then firing with highly controlled kilns at a temperature of approximately 2200 degrees F, this breakthrough process successfully eliminates tension within the tile panel creating a uniformly large flat piece that can be cut or trimmed with precise accuracy. All installation systems to utilize applicable TCNA Handbook detail and additionally the installation guidelines detailed in this manual. • Interior Floors slab on grade, below grade, or above grade concrete and over well-bonded and properly prepared tile, on, below, or above grade • Laminam 5.6 porcelain tile panels over substrates supported by wood framing shall utilize TCNA Handbook details F141-15 STONE or F250-15 STONE. Consult the installation materials manufacturer you are using to confirm acceptability of this recommendation. • Interior walls and countertops • Exterior Walls per exterior direct bond guidelines in section 9 • Interior Stairs constructed per TCNA S151 - consideration should be given to appropriate DCOF and wear/impact resistance. Pre-formed stair nosing profiles should be considered. • Cut to size is available with additional lead time and cost. Check with Crossville customer service for details (931-484-2110) ;/,796+<*; 3HTPUHT7VYJLSHPU;PSL7HULSZ4,;,9_4,;,9HUK4,;,9_4,;,9 3HTPUHT 7VYJLSHPU;PSL7HULSZ4,;,9_4,;,9HUK4,;,9_4,;,9 4 Item 11 7(*205.:7,*0-0*(;065: FIG. 1 LAM-CRATE = minimum 44” fork length required for side lift FIG. 2 LAM-CRATE = minimum 84” fork length required for end lift FIG. 3 A-FRAME Note: Non-full crate orders of 5.6mm Laminam or mixed orders of 3+ and 5.6 mm will arrive on vertical A-frame type crates (depends on quantities, timing, and thicknesses on the order - check with Crossville Customer Service for details 931-484-2110). Full crate orders transferred to A-frames will incur additional charges and lead times. LAMINAM 3+ Porcelain Tile Panels LAMINAM 5.6 Porcelain Tile Panels PIECE 10.76 sq. ft. / piece 10.76 sq. ft. / piece CARTON 3 pc. / carton 2 pc. / carton SQ. FT. / CARTON 32.28 sq. ft. / carton 21.52 sq. ft. / carton SQ. FT. / PALLET 807 sq. ft. / pallet 538.0 sq. ft. / pallet LBS / PIECE 18.07 lbs. / piece 31.27 lbs. / piece LBS / PALLET 1,843.14 lbs. / pallet 1,563.50 lbs. / pallet CARTONS /PALLET 25 cartons / pallet 25 cartons / pallet 3(405(44,;,9?4,;,9 3(405(44,;,9?4,;,9 LAMINAM 3+ Porcelain Tile Panels LAMINAM 5.6 Porcelain Tile Panels PIECE 32.29 sq. ft. / piece 32.29 sq. ft. / piece CRATE 20 pc. / crate 13 pc. / crate SQ. FT. / CRATE 645.80 sq. ft. / crate 419.77 sq. ft. / crate LBS / PIECE 54.25 lbs. / piece 93.81 lbs. / piece LBS / CRATE 1,285 lbs. / crate (includes crate weight)1,419.53 lbs. / pallet (includes crate weight) SQ. FT MINIMUM ORDER 32.29 sq. ft.32.29 sq. ft. Laminam Porcelain Tile Panels arrive in oversize crates. These crates require proper receiving and handling equipment. Laminam Porcelain Tile Panels arrive in oversize crates. These crates require proper receiving and handling equipment. 5 Item 11 STANDARD FORK LIFT-SIDE Handling of the Lam-crate – recommend 44” forks to handle the crate from the side. Important to have 44” forks so they extend all the way across the crate to support the back runner. As shown in fig. 4. CROSS RUNNERS Shipments of Laminam crates will load with the narrow end of the crate facing out. Unloading will require a fork truck with a minimum of 84" forks and 5000 pound lift capacity. If you have a fork length shorter than 84" you will miss the cross-runner and cause damage, especially when tilting back. As shown in fig. 5 & 6. It is important to support the cross runners. You can see the cross-runners in fig. 5. 4(;,90(3/(5+305. -VYR3PM[9LX\PYLTLU[Z CR4=84” FIG. 4 – LAM-CRATE standard fork lift - side FIG. 5 – LAM-CRATE – CROSS RUNNERS view of crate with 84” forks underneath FIG. 6 – LAM-CRATE – CROSS RUNNERS Underside view with 84” forks 6 Item 11 96" CRATE TRUCK / PALLET JACK A crate truck or pallet jack is recommended to move crates in your warehouse. These units have 96" forks to lift crates straight up without tilting. 96" extended fork pallet jacks are also available from U-Line (800-295-5510) or Vestil (800-348-0868). 4(;,90(3/(5+305. 0KLHS/HUKSPUN,X\PWTLU[ Container loads are stacked 8 crates high, weighing 10,000 pounds. If you have a direct container shipment, it requires different equipment. Please contact Crossville for logistical assistance with container orders. Crossville normally ships its crates a maximum of 3 crates high. Customers can handle these shipments with 5000 pound capacity fork lifts and 84" forks. :OPWWPUNHUK<USVHKPUN9LX\PYLTLU[Z FIG. 7 – CRATE TRUCK FORKS & PALLET JACK Handling Video - O[[W!IP[S`/HUKSPUN7VYJLSHPU;PSL7HULSZ Two installers should handle the tile panels, always keeping it perpendicular to the floor while protecting the corners from impact (fig. 8). Grip gloves are required when lifting and moving the tile panels to ensure positive hold and to protect hands against fiberglass backing and tile edges (3+ mm). Position the tile panels on the long side allowing them to lean against a supporting wall while keeping cardboard or wooden strips suitably spaced beneath them (fig. 9). • CAUTION - Crates come equipped with metal corner collars for stacking. To create awareness and avoid injury, paint, cover or remove these collars (fig. 10). 4HU\HS/HUKSPUNHUK:[VYHNL FIG. 8 FIG. 9 FIG. 10 7 Item 11 To aid handling of 1meter x 3 meter (39.4" x 118.1") tile panels, especially those weakened by drilled holes or openings and to assist the wall/floor application, a suitable frame with suction cups can be used. The Euro-Grip/Euro-Slide can be purchased from European Tile Masters (www.europeantilemasters.com) (Euro-Grip fig. 11a). The Euro-Grip/Euro-Slide can be reconfigured for use with sizes smaller than full tile panels. Always check the adhesion of the suction cups on the tile panels prior to lifting. For efficient moving of up to 8-16 tile panels, the Euro Transporter is available from European Tile Masters. (fig. 11b) 4(;,90(3/(5+305. ,\YVWLHU;PSL4HZ[LYZ,\YV.YPW,\YV:SPKL-YHTL 05:;(33(;065 *\YYLU[(WWSPJH[PVUZ3HTPUHT • Interior Walls • Exterior Walls (see section 9) • Countertops • Laminam 3+ Porcelain Tile Panels are NOT rated for floor applications • Laminam 3+ can be used on walls in a concave or convex direction as long as the radius (r) of the curve equals or exceeds 5 meters (16.4 feet) - applies only to 3+ in full meter length (10 feet) (fig. 12) • Tile over tile (walls) - consult setting material manufacturer for appropriate primer or other specific bonding requirements. Existing substrates must comply with section 4.6. FIG. 11a *\YYLU[(WWSPJH[PVUZ3HTPUHT • Interior Walls • Exterior Walls (see section 9) • Countertops • Interior Floors slab on grade, below grade, or above grade concrete-minimum cure 90 days. • Interior Floors tile over tile on slab on grade, below grade, or above grade concrete. • Deflection requirements for above grade installations to be per TCNA Handbook: “Floor systems over which tile will be installed shall be in compliance with the IRC for residential applications, the IBC for commercial applications, or applicable building codes. Maximum allowable deflection under live load not to exceed L/360”. • Interior Stairs constructed per TCNA S151 - consideration should be given to appropriate DCOF and wear/impact resistance. Pre-formed stair nosing profiles should be considered. • Acceptable substrates to be in accordance with Tile Council of North America (TCNA) and ANSI guidelines. • For tile over tile applications refer to specific setting material manufacturer recommendations for additional surface preparation including primers or other specific bonding requirements. • Laminam 5.6 porcelain tile panels over substrates supported by wood framing shall utilize TCNA Handbook details F141-15 STONE or F250-15 STONE. Consult the installation materials manufacturer you are using to confirm acceptability of this recommendation. • Laminam 5.6 porcelain tile panels should not be used on elevator floors due to excessive deflection of elevator substrates. • Laminam 5.6 porcelain tile panels should not be used in installations exposed to steel wheel traffic. • Laminam 5.6 porcelain tile panels when considered for heavy commercial (shopping malls, airports) applications will be considered on a case by case basis. Extra heavy commercial (food plants, dairies) applications are not recommended. • Laminam 5.6 porcelain tile panels have been tested and have been found acceptable for use with liquid trowel applied crack isolation membranes (see section 8 for specific products). Laminam 5.6 porcelain tile panels are NOT acceptable for use with other crack isolation, sound reduction, or uncoupling membranes until additional testing can be completed to verify the deformability and specific performance of individual membranes. Additional membranes will be added to section 8 when tested. Laminam 3+ on 16 foot (5 meters) minimum radius Concave or Convex Walls Applies only to 3+ in full meter length (10 feet) FIG. 12 r FIG. 11b 8 Item 11 *V\U[LY[VWZ Extruded foam boards (1½ to 2 inches) from manufacturers such as Schluter and wedi are the preferred method of countertop installation for both the 3+ and the 5.6 mm Laminam. Their ease of installation, inherent water/vapor resistance, and high density composition eliminate many of the stresses that can be created with the traditional layered approach of plywood, backer board, and/or mortar beds. Crossville has found the following steps insure full supportive coverage and precise cutting of the combined assembly: Step 1, the installation of the extruded foam board to the base cabinets. Step 2, the Laminam 3+ or 5.6 should then be installed to the extruded foam board following the mortar application method detailed in Section 5.7 of this Technical Guide. Step 3, allow the assembly to cure 24 hours. Step 4, measure and template all cut outs in the countertop, cut from the top down using right angle grinder, diamond tipped hole saw and utility knife. When using these materials the respective manufacturer’s instructions and detailed installation guidelines should be followed. If using a traditional installation approach TCNA Handbook details C511, C512 or C513 should be followed. :\P[HISL:\IZ[YH[LZ¶>HSSZ0U[LYPVYHUK,_[LYPVY • Existing ceramic tile - see section 4.1 • Appropriate backer boards for tile as referenced and detailed by the TCNA Handbook for Ceramic Tile Installation • Properly prepared concrete and CMU walls • Gypsum board/dry wall (Interior dry areas only) • Mortar beds in accordance with ANSI A108.1B :\P[HISL:\IZ[YH[LZ¶-SVVYZ • Slab on grade, below grade, or above grade concrete in accordance with ANSI A108 and TCNA Handbook • Existing ceramic tile over slab on grade, below grade, or above grade concrete (well bonded and properly prepared) - see section 4.2 • Mortar beds over concrete in accordance with ANSI A108.1B • Laminam 5.6 porcelain tile panels over substrates supported by wood framing shall utilize TCNA Handbook details F141-15 STONE or F250-15 STONE. Consult the installation materials manufacturer you are using to confirm acceptability of this recommendation. • Laminam 5.6 can be used on walls, suitable substrates as designated in section 4.4 (interior and exterior) :\IZ[YH[L9LX\PYLTLU[Z¶>HSSZHUK-SVVYZ The installation contractor should examine substrates and advise General Contractor and Architect of existing conditions and surface contamination which will require correction before the work commences. In order to achieve accurately comparable labor quotes the specification must contain language indicating that the work is to be bid assuming the substrates are within the required tolerances. If the substrates are found not to be within those tolerances, language and/or pricing should be included in the installation contractor’s bid which qualifies which trade is to do the work needed to bring the substrate into required tolerances. (Include in CSI Div. 3 & 9). Substrates are to comply with deflection requirements called for by International Building Code (IBC), International Residential Code (IRC), or applicable local building code. Maximum substrate variation not to exceed 1/8" in 10' (3mm in 3m) and 1/16" in 24" (1.5mm in 60 cm) when measured from surface high points with a straight-edge, floors may require self-leveling underlayments or recessed slabs designed to accept a properly prepared mortar bed. 05:;(33(;065 4V]LTLU[1VPU[Z Refer to Tile Council of North America (TCNA) Detail EJ-171 for industry guidelines. Existing joints in substrate are to be carried through the porcelain tile panels. Movement joints are required where the tile panels meet restraining surfaces (e.g. perimeter walls, curbs, columns, corners, etc.) and at all changes in-plane in the tile work. Joints are to be clean and free of all contaminants and thin-set mortar. • The edges of the porcelain tile panels are not eased or beveled making them susceptible to damage from heavy rolling loads and impact. Full and flush movement and grout joints should be specified to minimize edge impact. • Minimum Shore A hardness rating of 35 or greater (per the TCNA Handbook) should be specified for all movement joints in traffic situations. Compressible joint fillers with less than a Shore A hardness of 35 should not be used. • All expansion joints specific to structural movement: material types and placement should be specified by architectural/engineering authority on the project. • For interior walls and floors an 1/8 inch movement joint installed every 20 feet will accommodate the needed movement of the tile layer on grade, below grade, or above grade* (all other requirements such as perimeter joints etc. in EJ-171 should followed). t *Assuming a class 25 sealant installed at 70°F,using a high temperature of 105°F and a low temperature of 40°F. t If specific movement joint requirements need to be calculated, use the anticipated temperature differentials, the appropriate class of sealant and a thermal expansion coefficient of 6.5 x 10-6 in/in/°C. • For exterior movement joints see section 9. 9 Item 11 05:;(33(;065796*,:: For the most efficient and consistent cutting of the Laminam porcelain tile panels, Crossville recommends the Kera Cutter Rail System* by Sigma (fig. 13) or the Euro-Rail Cutter* by ETM. For usage guide on the Sigma Kera-Cut, see You Tube @ KERA-CUT presentation SIGMA. • For transport of the rail cutter, 6" to 8" pvc pipe w/fitted couplings for end closure (fig. 16) Crossville also recommends that portable work stations be assembled to insure proper support and fabrication of the tile panels. * Available from European Tile Masters (ETM) 954-917-3599 0UZ[HSSH[PVU9LJVTTLUKH[PVUZ Portable work stations consist of: • ¾" cabinet grade plywood cut into three, 4 foot square sections each with handles • 8 hinge plates with 4 chain mount cotter pins (fig. 14) • 2" flat aluminum strips screwed to each end of the center piece to reinforce & maintain table flatness • 4 heavy duty collapsible sawhorses (fig. 15) • Manufactured tables are available from various suppliers such as Raimondi (fig. 17) and ETM (fig. 18) 7VY[HISL>VYR:[H[PVUZ FIG. 13 FIG. 14 - Underside of the Assembled Work Station FIG. 16 FIG. 17 FIG. 15 FIG. 18 0UZ[HSS^P[O8\HSPÄLK3HIVY Crossville strongly recommends the use of trained professional contractors for the installation of these porcelain tile panels. The following programs are well established and a good source for quality installation companies: • ACT – Advance Certifications for Tile Installers • CTEF – Certified Tile Installer Program • TCAA – Trowel of Excellence • International Masonry Institute (IMI) • NTCA Five Star Contractor Program • Journeyman Tile Setter Apprenticeship Programs • And completion of Crossville sponsored training provided by Crossville Inc., a Crossville distributor, or other tile panel specific training authorized/approved by one of the above organizations • Find a list of Laminam Trained Contractors at crossvilleinc.com/solutions/laminam 05:;(33(;065 ETM Table Raimondi Table 10 Item 11 05:;(33(;065796*,:: • Trowels - Euro Trowel, Raimondi Flow Ridge, or Superior Premium Notch for application to the floor or wall substrate and for application to back of the tile panel (fig. 19). The Flow Ridge and Premium Notch come in various notch heights, consult mortar manufacturer for appropriate notch size for application to the back of the tile panel and the substrate. • Pressure pliers for snapping the scored 3+ tile panels (fig. 20) • The Sigma Separator provides precise pressure when breaking the score line, particularly helpful with the thicker 5.6mm Laminam (fig. 21) • Raimondi coated beat in paddle (fig. 22) • Right angle grinder for L-cuts and electrical box cuts • 4" continuous rim diamond blade such as Alpha LM0438 • Sigma Kera-Edge for profiling and bullnosing Laminam 5.6 mm tile panels (fig. 23) • Diamond tip hole saw (fig. 24) • Lippage control straps and caps (fig. 25) • 60-400 grit diamond hand pads for edge smoothing & removal of excess fiberglass backing (fig. 26) • Grip gloves for handling the tile panels • Safety glasses • Laminam 3+ and 5.6 porcelain tile panels tiles require a two person crew minimum • Dust and Mist Respirator: The Laminam 3+ tile panels have a reinforcing fiberglass mesh, the residue can be irritating to skin, eyes and lungs 9LJVTTLUKLK,X\PWTLU[ Cutting and Drilling Video - O[[W!IP[S`*\[[PUN+YPSSPUN • First, clean the surface of the tile panel and the suction cups to ensure better suction to the face of the tile panel. • Use a rail cutter (fig. 27) to score the porcelain tile panel surface from end to end. Begin the scoring process with a small backward motion then proceed forward continuously with a firm downward pressure on the scoring handle. Note: A smaller diameter cutting wheel may be preferable for pebbled or textured finishes. • The rail will provide guidance and precision to the cut. Maintain a smooth, firm continuous movement. Do not interrupt or restart. • With the suction cups still attached, use the rail cutter as a handle to maneuver and reposition the scored tile panel to the edge of the work table. • Center the pressure pliers (Laminam 3+) or separator (Laminam 5.6) over the score line on one end of the tile panel. Gently apply pressure and the tile panel will break (fig. 20 & 21). Once the material starts to break down the score line, you may, depending on the width of the piece you are trying to remove, need to use hand pressure to work the break from the starting point to the other end of the tile. <ZLVM9HPS*\[[LYZO[[W!IP[S`*\[[PUN+YPSSPUN FIG. 24 FIG. 22 FIG. 21 FIG. 26 FIG. 23 FIG. 25 FIG. 27 FIG. 20 FIG. 19 11 Item 11 Cutting and Drilling Video - O[[W!IP[S`*\[[PUN+YPSSPUN • It is recommended for electrical box cuts, before using a right angle grinder for the straight cuts (fig. 31), that four pilot holes should be drilled in each corner (fig. 29), these holes will help relieve surface tension and vibration where the straight cuts intersect. • Cutting must be from the tile panel face to the back, fully supporting the underside of the tile panel on a flat surface while cutting will help reduce stress and avoid cracking. • For smaller cuts and corner cuts the use of a simple high quality glass cutter such as the TOYO Pistol Grip Super Cutter (800-505-6311) and adjustable straight edge can be a useful alternative (fig. 30). In addition manual tile cutters and right angle grinders with a proper dry cut porcelain blade are also effective. +Y`*\[[PUN,SLJ[YPJHS)V_LZ Cutting and Drilling Video - O[[W!IP[S`*\[[PUN+YPSSPUN • Use diamond tipped hole saws in various diameters. • DO NOT USE HAMMER DRILLS. • Moderate pressure and speed are enough to minimize bit-walk and begin the hole. Water will cool the tile and provide lubrication to the drill bit. • For large radius or curved cuts a diamond grit jig saw blade by Bosch (T130DG) provides good results. *\[[PUNHUK+YPSSPUN • Installations are to comply with current revisions of ANSI A108.02, A108.1B and ANSI A108.5. Crossville has found through its training and testing that maximum edge to edge coverage is achieved through a series of the following best practices (and the embedding techniques 4VY[HY(WWSPJH[PVU 05:;(33(;065796*,:: FIG. 28 FIG. 29 FIG. 30 FIG. 31 <ZLVM9HPS*\[[LYZJVU[»K • For the 3+ material, fold the tile panel past 90 degrees and cut the fiberglass backing using a utility knife, then remove the severed piece. • Use a 60-400 grit diamond pad to ease the cut edge and remove the excess fiberglass backing - most effective and dust is minimized when used wet (fig. 26). listed in section 5.8): • Mix the chosen mortar to the wettest recommended consistency, providing maximum open time and greater adjustability when the tile panel is placed. Consult mortar manufacturer for appropriate mix ratios for use with porcelain tile panels. • Mist down the substrate with a garden sprayer or damp sponge (no pooling or standing water) to make sure the moisture in the thin-set is not lost too quickly and the open time is not reduced. • Be sure to scratch/key the mortar into the substrate and tile panel with the flat side of the trowel before combing. • Overspread the mortar by at least an inch wider than the tile panel you plan to embed. This is to ensure full support of mortar at the tile edges. • Do not allow mortar to “skin over”. • Use the appropriate trowel (fig. 19) to apply the mortar to the wall, floor, or countertop and to the back of the tile panel. • Mortar ridges on both the tile panel back and substrate must be parallel to each other, combing at right angles to the long side of the tile panel. Use the appropriate trowels and troweling technique (hold at least a constant 45° angle) and take care to keep the ridges straight and of consistent height. This is crucial to achieving maximum coverage. (fig 32) • On walls the use of a plastering hawk can greatly increase the efficiency of install. • On both floors and walls the resulting embedded mortar layer (using the double coat approach) will be approximately 5mm (slightly less than ¼ inch) 12 (WWSPJH[PVUVM[OL;PSL7HULS[V[OL:\IZ[YH[L Wall Installation Video - http://bit.ly/PorcelainTilePanelsWallInstallation • WALLS: Use the suction cupped frame to place the mortared tile panel onto the substrate and align prior to removal of the suction cupped frame. (fig. 34 & 35) • WALLS: Using a rubber grout float or Raimondi coated beat in paddle, tamp the centerline of the tile panel along its entire length prior to removing the suction cupped frame to provide initial adhesion of the tile panel to the wall. Once the suction cupped frame has been removed use a high-speed cordless orbital sander with pad or the Raimondi coated beat in paddle, work from the centerline of the tile panel outward Item 11 05:;(33(;065796*,:: FIG. 32 FIG. 33 FIG. 34 FIG. 35 FIG. 36 13 to the edges, this pressure will collapse the ridges, force air from behind, and maximize edge to edge coverage. A traditional 2 x 4 beat in block and rubber mallet should not be used as it places too much point load on the tile face and can cause fracturing/cracking of the tile panel. • WALLS: When installing multiple tile panels, lippage control straps and caps are required to minimize lippage between tile panel edges. The lippage control systems are designed only to fine tune lippage between tile edges, the main alignment of tile edges should be accomplished through proper mortar application and embedding techniques. After the first tile panel has been installed and the mortar has been spread for the second tile panel, place the straps uniformly along the edge of the first tile panel (two inches from the corner and approximately every 10 inches along the length), DO NOT apply the lippage control cap at this time. Once the second tile panel is in place and the same embedding procedure described above is accomplished insert the appropriate grout spacer and lippage control cap and then cinch down the lippage control caps tightly to bring adjoining tile edges into alignment. (fig. 36 & 39) • WALLS: Using a high-speed cordless sander with pad work along the edges of the tile panel and between each of the lippage control straps and caps, some additional tightening of the caps may be necessary. The combined use of a vibrating sander and cap tightening effectively increases mortar coverage along the vulnerable edge of the tile panel while at the same time minimizing edge lippage. (fig. 36) Floor Installation Video - http://bit.ly/PorcelainTilePanelFloorInstall • FLOORS: Use the suction cupped frame to place the mortared tile panel onto the substrate and align prior to removal of the suction cupped frame. (fig. 37 & 38) • FLOORS: Insuring maximum coverage between the tile panel and the substrate is critical to a successful installation. Crossville has found through its training and testing that the mortar application techniques described in section 5.7 along with the specific walking pattern described below is the most reliable and efficient way to eliminate voids in the mortar while maximizing edge to edge coverage (fig. 32 & 33). Care should be taken to remove any dried mortar or other debris from footwear. Start at the center point of the tile panel, and walk with small shuffling steps down the full length of the tile taking care to stay only in the center portion, then return to the center point and take small shuffling steps across the widths of the tile panel compressing the mortar ridges and forcing any entrapped air to escape along the tile panel’s edge. Continue this shuffling process until the entire tile panel has been compressed in the mortar. This process should take approximately 4 - 5 minutes for a full 1Mx3M tile panel. (WWSPJH[PVUVM[OL;PSL7HULS[V[OL:\IZ[YH[LJVU[»K Item 11 (WWSPJH[PVUVM[OL;PSL7HULS[V[OL:\IZ[YH[LJVU[»K Coverage Video - http://bit.ly/CoverageDemo • FLOORS: When installing multiple tile panels, lippage control straps and caps are required to minimize lippage between tile panel edges. The lippage control systems are designed only to fine tune lippage between tile edges, the main alignment of tile edges should be accomplished through proper mortar application and embedding techniques. After the first tile panel has been installed and the mortar has been spread for the second tile panel, place the straps uniformly along the edge of the first tile panel (two inches from the corner and approximately every 10 inches along the length), DO NOT apply the lippage control caps at this time. Once the second tile panel is in place and the same embedding procedure described above is accomplished insert the appropriate grout spacers and lippage control caps and then cinch down the lippage control caps tightly to bring adjoining tile edges into alignment. (fig. 36 & 39) • FLOORS: Using a high-speed cordless sander with pad work along the edges of the tile panel and between each of the lippage control straps and caps, some additional tightening of the caps may be necessary. The combined use of a vibrating sander and cap tightening effectively increases mortar coverage along the vulnerable edge of the tile panel while at the same time minimizing edge lippage. (fig. 36) • FLOORS: Due to room configuration or job size it will be necessary to work ON freshly installed tile panels. When doing so, the use of a large piece of masonite or double walled heavy cardboard works well to protect the face of the tile from tool damage or ground in construction dirt, as well as disperse concentrated weight. Freshly set tiles should not be walked on after 90 minutes. This is to ensure that the bonding mortar is not compromised as it begins to cure. • WALLS & FLOORS: When cleaning excess mortar from the substrate make sure to leave the gaps open at the edge of the tile panel by cutting the mortar down and pulling away from the tile edges in a parallel direction to the ridges. This will facilitate further removal of air and collapse of the mortar ridges during the embedding procedures. • WALLS & FLOORS: Remove excess mortar from the tile panel’s surface and “clean-out” between the joints to the full depth (1/8” or 1/4”) of the tile panel while mortar is still fresh, this will insure an adequate amount of grout to fill the joint. Take extra time and be thorough on this step. • WALLS & FLOORS: Lippage control systems that allow for removal and replacement of the cap (after bringing the tiles into alignment) will allow for effective removal of excess mortar around the strap while the mortar is still fresh. After completing the removal of excess mortar, replace the caps on the straps and retighten to ensure complete alignment of the tile edges. This will reduce the possibility of damage 05:;(33(;065796*,::FIG. 37 to the tile the following day when clearing the grout joint of cured mortar. Video at: http://bit.ly/1hodjiW • WALLS & FLOORS: For ending a day’s work that will continue the next day, the most crucial step is to make sure the last tile panel is fully embedded and is checked with a straight edge for flatness/squareness across the surface before leaving it to cure. Consult the lippage control device manufacturer for their procedure of how to address ending one day’s work that will tie a cured tile panel into a new tile panel the next day. • Grout application times can vary from 24 hours to 72 hours; refer to specific guidelines from the grout manufacturer. FIG. 38 FIG. 39 14 Item 11 WALLS • Crossville has found that there are many lippage control systems available. For timing and method/timing of removal refer to lippage control system manufacturer’s requirements. • 2mm to 3mm grout joint size is recommended based on wall flatness. • Use of commercially available sanded, unsanded or epoxy grout is acceptable, appropriate caulking material is also acceptable for wall installations. See Selection Guide, page 17. • Install and clean per manufacturer’s instructions. FLOORS • Polished finishes require a penetrating sealer (impregnator) prior to grouting. • Crossville has found that there are many lippage control systems available. For timing and method/timing of removal refer to lippage control system manufacturer’s requirements. • Use a minimum of 3mm (1/8") grout joint size due to lack of floor flatness and variable tolerances in field-cut tile panels. • For residential and light commercial applications the use of sanded grout is acceptable. For commercial applications epoxy grout is required. • The edges of the porcelain tile panels are not eased or beveled, making them susceptible to damage from heavy rolling loads and impact. Full and flush movement joints and grout joints should be specified to minimize edge impact. • Setting mortars and their recommended cure times can vary significantly from 72 hours to 7 days. Therefore it is critical to refer to the specific mortar manufacturer’s requirements for opening the floor to foot traffic. • Install and clean per manufacturer’s instructions. .YV\[PUN To complete and finish the installation, profiles for corners, deco-bands, edges, and movement joints are available from quality suppliers such as Blanke, Custom, or Schluter (fig. 40-42). • Laminam 3+: 6.0-8.0 mm profiles recommended • Laminam 5.6: 8.0-10.0 mm profiles recommended • Follow manufacturer’s instruction for placement/insertion of profiles into the tile work. Ensure that supporting mortar is present at the edge of the tile. • For other edge finishing techniques see (fig. 43-44) See page 9 for information on movement joints. ,KNL;YLH[TLU[ZHUK7YVÄSLZ 05:;(33(;065796*,:: FIG. 40 FIG. 43 FIG. 41 FIG. 44 FIG. 42 Laminam 5.6mm Back Mitered & Epoxied Laminam 3+ and 5.6mm Using Profiles Laminam 5.6mm Field Applied Bullnose 15 Item 11 7YVK\J[:WLJPÄJH[PVUZ ;,*/50*(37,9-694(5*, PHYSICAL AND CHEMICAL PROPERTIES NORM TEST METHOD Laminam3+ and 5.6 Size Laminam Maximum deviation on the side +/- 0.5 mm Size Laminam Maximum deviation on the diagonal +/- 1.0 mm Weight kg/m²Laminam 3+ Average value 8.2 5.6mm Average Value 14 Surface Quality ( % Of Tiles With No Visible Flaws) ISO 10545-2 > 95% Water Absorption ASTM C373 Average value ≤ 0.1% Breaking Load In Newtons ISO 10545-4 3+ Average value 700 5.6mm Average Value 1100 Bending Strength In N/mm² (MOR)ISO 10545-4 3+ Average value 50 5.6mm Average Value 50 MOHS Scale of Hardness UNI EN 101 ≥ 6 Resistance To Deep Abrasion ISO 10545-6 ≤ 175 mm 3 Coefficient Of Linear Thermal Expansion (10-6/°C) ISO 10545-8 6.6 Resistance To Thermal Shock ISO 10545-9 Resistant Chemical Resistance ISO 10545-13 No visible effect Stain Resistance ISO 10545-14 Class 5 Frost Resistance ISO 10545-12 Resistant Flame Spread and Smoke Development ASTM E84-12a. Flame Spread = 0 Smoke Develop = 15 *(9,(5+4(05;,5(5*, 0UP[PHS*HYLHUK4HPU[LUHUJL The single-most important step for future daily maintenance involves the complete removal of grout film/residue and construction dirt after the Laminam porcelain tile panel products have been installed. Refer to the grout manufacturer’s printed instructions for proper mixing, curing, and cleaning instructions. These are critical when working with epoxy grouts. In most cases, Laminam porcelain tile panels can be cleaned successfully by scrubbing the installation with hot water and a neutral detergent, followed by a thorough rinsing. For further details and specific recommendations please refer to Crossville’s Care and Maintenance Guide at crossvilleinc. com or call Crossville Technical Services at 931-484-2110. • Proper fork length (84”) for handling crates from the short side. • Review list and knowledge of recommended tools. • Prior to applying mortar, make sure to clean the back of the tile and the substrate to remove any dust or other contaminants. • Coverage: use wettest mortar mix ratio, directional troweling perpendicular to the long edge of the tile panel, embedding techniques. • Maximize edge coverage and minimize lippage: lippage control systems, cordless sander along the perimeter edge & between the lippage control straps. • Using the tools and best practices to minimize lippage between tiles to 1/64” (0.4mm) or less will greatly increase the finished installations ability to withstand the rolling loads used in most commercial applications. • Using grouting techniques that insure the grout joint remains full and flush will also aid in the finished installation’s ability to withstand edge impact. Particularly with epoxy grouts, use a new epoxy float with unworn sharp edges. Use steady pressure to overfill the joint and force epoxy grout into any remaining voids beneath the tile panel edge. *YP[PJHS9L]PL^7VPU[Z 05:;(33(;065796*,:: 16 Item 11 469;(9(5+.96<;:,3,*;065.<0+, 4HU\MHJ[\YLY»Z7YVK\J[0UMVYTH[PVU Manufacturer Surface Preparation Mortar Systems Floors and Walls* Grout Systems Floors and Walls Caulks-Sealants Crack Isolation Membranes Ardex 888-512-7339 8+9 (tile over tile) P51 & P82 primer Liquid BackerBoard AM 100 Walls: ARDEX X77 (E90 Additive required for 3+) Floors: ARDEX X78 ARDEX FL ARDEX WA Epoxy ARDEX SX 100% Silicone ARDEX 8+9 Blanke 800-787-5055 Tested with Laticrete 254 Platinum Tested with Laticrete Spectralock Pro Premium Grout Blanke Permat BOSTIK 800-726-7845 Universal Primer Pro Bostik SL 100 or SL 175 Webcrete 95 UltraFinish Pro Reflex Mortar Big Tile & Stone Mortar EzPoxy EzClean Ceramic Tile Grout with 1900 Modified Epoxy Admix Pure Silicone Caulk Chem Calk 955SL 915FS Ultraset Advanced Gold Plus Custom 800-272-8786 Skim Coat & Patch Underlayment LevelQuik RS Self Leveling Underlayment LevelQuik Latex Primer MBP Multi-Surface Bonding Primer (tile over tile) ProLite Large Format Mortar (5.6) MegaLite Crack Prevention Mortar (3+) Polyblend Prism CEG Lite Epoxy Grout Custom Commercial 100% Silicone Caulk RedGard LATICRETE 800-243-4788 x235 Laticrete 3701 Fortified Mortar Bed Laticrete NXT Plus with NXT Primer Laticrete NXT Patch Laticrete NXT Skim Laticrete 254 Platinum Laticrete 4-XLT Laticrete Permacolor Grout Laticrete Permacolor Select Grout Laticrete Spectralock PRO Premium Grout Laticrete Latasil 100% Silicone Hydro Ban Mapei 800-992-6273 ECO Prim Grip (tile over tile) Ultraplan M-20 Plus, Primer T Mapecem Quickpatch Kerabond T/Keralastic UltraFlex LFT Ultralite S2 Ultracolor Plus Kerapoxy Mapei Mapesil 100% Silicone Sealant Mapelastic CI TEC 800-832-9023 TEC Multipurpose Primer EZ Level Premium Self Leveling Underlayment Smooth Start Self Leveling Underlayment VersaPatch Latex Modified Floor Patch and Leveler Fast Set Deep Patch TEC 3N1 Performance Mortar Ultimate Large Tile Mortar Power Grout AccuColor EFX Epoxy Grout AccuColor 100 100% Silicone Sealant HydraFlex Waterproofing Crack Isolation Mambrane * Consult mortar manufacturer for appropriate mix ratios for use with porcelain tile panels and for the proper mortar for specific applications. 17 Item 11 ,?;,9069+09,*;)65+.<0+305,:>(33: 9LJVTTLUKLK7YVQLJ[9LX\PYLTLU[Z:WLJPÄJH[PVUZ Secure documentation/approval from building authority that the project complies with the provisions of the IBC (International Building Code). A: LAMINAM by Crossville® 3+ porcelain tile panels are 3 millimeters thick, with an added layer of fiberglass mesh for increased strength and flexibility. LAMINAM 5.6 porcelain tile panels are 5.6 mm thick with no additional fiberglass layer. LAMINAM 3+ and 5.6 are suitable for exterior vertical direct bond applications if the project is in compliance with the International Building Code. B: International Building Code Current Language 2009 IBC states a size limitation for exterior adhered veneers of 5 square feet with no side over 36 inches. 2012/2015 IBC (Chapter 14- Section 1405.10.2) requires that exterior adhered porcelain tile be a maximum of 24 inches in any face dimension and not more than 3 square feet in total facial area. In addition, Table 1405.2 states a minimum thickness of weather coverings (in this case porcelain tile) of ¼ inch or 6.35 mm. C: If the project design does not meet these requirements, then project architect or engineer should seek local code approval for the use of a thinner and/or larger format porcelain tile finish material for the exterior veneer. Section [A] 104.11 of 2012/2015 IBC contains the generic language for obtaining this type of approval by the local building official for alternative materials. The provisions of the code are not intended to prevent the installation of any material or prohibit any design or method of construction not specifically prescribed by this code. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. http://crossvilleinc.com/wordpress/wp-content/uploads/2016/02/ REQUESTFOR-APPROVAL-OF-ALTERNATIVE-MATERIALS.pdf *VKLJVTWSPHUJLHUKHWWYV]HSVMI\PSKPUNH\[OVYP[PLZ Movement Joints: Installation of LAMINAM 3+ and 5.6 on exterior walls will be in accordance with the applicable Tile Council of North America (TCNA) Handbook exterior wall details. Movement joints shall be in compliance with EJ-171 of the current TCNA Handbook. While the size and interval of movement joints must be in accordance with the TCNA guidelines and specified by the architectural/engineering authority with strict attention to the environmental demands of the project, at a minimum Crossville recommends that all joints be at least 3/16 inch and all joints treated as soft joints (no hard grouting materials in any joint)*. LAMINAM tiles have similar expansion and contraction characteristics when compared to traditional thickness porcelain tile, their reduced thickness means that they will reach maximum thermal gain and cycle through expansion/contraction more rapidly than a traditional thickness tile. For this reason, proper movement accommodation is extremely critical for success of the installation. * Note: Joint width calculations were done using a coefficient of thermal expansion of 6.5x10-6 in/in/ °C for the Laminam tiles and installation of a class 25 sealant material at 70 °F, using a high temperature of 190°F and a low temperature of -30°F. Cap Flashing: The elimination of water intrusion into the bond coat is extremely critical for success of any exterior applied veneer. Proper detailing of capping and/or flashing at the roof line or at the top of the exposed tile layer is necessary. If not properly specified and installed, efflorescence, latex leaching, and freeze thaw damage can occur. Requirement: Ensure the architect/engineer is aware of these statements and that movement joint/grout joint detail and cap flashing language is provided in the specification. 0UZ[HSSH[PVU4L[OVKZ Only setting material companies with specific installation guidelines for exterior direct bond wall applications using porcelain tile panels should be considered. Ensure that the setting material company specified can provide products and installation specifications for exterior vertical application of 3+ and 5.6 mm porcelain tile panels. A list of setting material companies with experience in this application are identified in Section 8 Requirement: Ensure the project architect/engineer has knowledge of the setting materials being used, and that those setting materials are specifically recommended for exterior vertical applications of porcelain tile panels. A pre-construction meeting and mock-up of appropriate scale is required to be in the project specification. :LSLJ[PVUVM:L[[PUN4H[LYPHS*VTWHU` LAMINAM by Crossville® – Exterior Vertical Surfaces Field Applied Direct Bond Method LAMINAM 3+ or 5.6 mm The use of full size tile panels (1Mx3M) for ground floor installations is acceptable. For installations higher than ground floor, tile panel size is limited to a maximum of 1 square meter, due to logistics, open air environments, and mortar limitations. FILO is not recommended in exterior applications Requirement: A document confirming existing code compliance or approval of alternative material by the local building official is required. This document must be provided by the project’s architectural/engineering authority. 18 Item 11 LAMINAM by Crossville® has great potential in exterior vertical applications: its lightweight nature and aesthetic qualities make a great material for cladding. However, the potential for failure in outdoor environments is greatly increased when qualified labor is not utilized. Crossville recommends the use of qualified labor for the installation of LAMINAM 3+ and 5.6 mm for all installations, this becomes even more critical on a vertical exterior field (direct bond) applied installation. Suggestions for the necessary labor qualifications are listed below: • ACT – Advanced Certifications of Tile Installers • CTEF – Certified Tile Installer Program • TCAA – Trowel of Excellence • International Masonry Institute (IMI) • NTCA Five Star Contractor Program • Journeyman Tile Setter Apprenticeship Programs • And completion of Crossville Sponsored Training provided by Crossville Inc., a Crossville distributor, or other tile panel specific training authorized/approved by one of the above organizations. In addition these listings are available within Section 4.8 of this guide and in section 1.5 of the LAMINAM Guide Specification: http://crossvilleinc.com/wordpress/wp-content/ uploads/2014/05/Laminam-Guide-Specification-3-Walls- and-5_6-Floors-5-12-15.pdf Requirement: Language to be in the specification that references the labor qualifications recommended in the LAMINAM Guide Specification. 8\HSPÄLK3HIVY The foregoing suggested project requirements and/or specifications are offered as guidelines only. Each project has its own unique characteristics and requirements, and the project’s architect/engineer and design professionals must determine the appropriate requirements and specifications in each instance. Crossville makes no warranties or representations regarding the applicability of the foregoing guidelines to any given project, and assumes no liability for and shall not be responsible for the use or failure to use these guidelines. Provide this LAMINAM Technical Guide to the project architect/engineer and recommend the specification of the installation instructions for LAMINAM 3+ or 5.6 mm that are contained in the LAMINAM by Crossville® Technical Guide. Requirement: Language to be in the specification that references the Technical Guide and its installation practices. 3HTPUHT;LJOUPJHS.\PKL 19 Item 11 contact Crossville Inc., 349 Sweeney Dr. Crossville, TN 38555 LaminambyCrossville.com LIT-LAMII-16 Item 11