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12.13.2016 Town Council PacketPage 1 of 4 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. 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.) 4a. Consider and act upon minutes from the following Town Council meetings. (RB) • Regular Meeting – November 8, 2016 • Special Meeting – November 29, 2016 4b. Receive the October Financial Report. (KN) 4c. Consider and act upon an ordinance amending Chapter 1.03.002 of the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town Manager to execute contracts, change orders, and interlocal agreements, subject to limitations, and relative grant applications, as stated herein. (KN) 4d. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between D&S Engineering Labs, LLC, (D&S), and the Town of Prosper, Texas, related to construction materials testing for the Town Hall/Multi- Purpose Facility project. (HW) 4e. Consider and act upon an ordinance amending Article 13.10, “Backflow Prevention Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new Section 13.10.004, “Customer Service Inspection,” and renumbering existing sections 13.10.004 through 13.10.006 as Sections 13.10.005 through 13.10.007, respectively; and amending Subsection (a)(1) of Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, relative to new administrative fees. (SG) 4f. Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances by adopting a new article, 13.12, “Storm Water Management;” providing legal authority for the Town to control pollutant discharges into and from the Town’s Municipal Separate Storm Sewer System. (DH) AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, December 13, 2016 6:00 p.m. Page 2 of 4 4g. 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) 5. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 6. Conduct a Public Hearing, and consider and act upon a request to amend a portion of Planned Development-40 (PD-40), on 11.9± acres, located on the west side of Windsong Parkway, 400± feet north of US 380, to allow for the development of a big box home improvement retail store (The Home Depot). (Z16-0016). (JW) 7. Conduct a Public Hearing, and consider and act upon a request to rezone 14.1± acres from Planned Development-43 (PD-43) to Planned Development-Commercial (PD-C), located on the north side of US 380, 700± feet west of Mahard Parkway, to facilitate the development of an automobile sales and/or leasing facility (Ford). (Z16-0025). (JW) 8. Conduct a Public Hearing, and consider and act upon an ordinance amending Planned Development-38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z16-0027). (JW) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding distance regulations for day cares and the sale of alcoholic beverages for off-premise and on-premise consumption. (Z16-0024). (JW) DEPARTMENT ITEMS: 10. Consider and act upon a Conceptual Development Plan for Prosper Crossing, Tract B, on 22.1± acres, located on the north side of US 380, 1,250± feet east of Coit Road. This property is zoned Planned Development-38 (PD-38). (D16-0072) (JW) 11. Consider and act upon a request by United Supermarkets, LLC for a variance to the distance requirements regarding the sale of alcoholic beverages for off-premise consumption at a big box grocery store and a public school. The proposed big box grocery store is located east of Coit Road, south of Richland Boulevard. (MD16-0017) (JW) Page 3 of 4 12. Consider and act upon a request for a Façade Exception for Texas Health Resources, located on the northeast corner of US 380 and future Mahard Parkway. (MD16-0015) (JW) 13. Discussion on Cyber Defense Labs. (HJ) 14. Consider and act upon approving Change Order Number 3 for Bid No. 2016-45-B, Prosper Road Improvement Project 2016, to Pavecon Public Works, LP, related to construction services for Fishtrap Road & First Street reconstruction; and authorizing the Town Manager to execute Change Order Number 3. (SG) 15. Consider and act upon amending Ordinance No. 15-58 (FY 2015-2016 Budget). (KN) 16. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN) 17. Consider and act upon an ordinance granting a non-exclusive electric franchise to Denton County Electric Cooperative, Inc., d/b/a CoServ Electric. (KN) 18. Consider and act upon awarding Bid No. 2017-05-B BNSF Pressure Reducing Valve Project 1508-WA, to North Texas Contracting, Inc., related to construction services to install a Pressure Reducing Valve for the Prosper Trail Pressure Reducing Valve Project; and authorizing the Town Manager to execute a construction agreement for same. (SG) 19. Consider and act upon awarding Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to construction services to make asphalt pavement repairs; and authorizing the Town Manager to execute a construction agreement for same. (SG) 20. Consider and act upon an amendment to the Capital Improvement Plan. (HW) 21. Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of thoroughfares to serve the Star Trail development. (HW) 22. Consider and act upon authorizing the Town Manager to execute a Sanitary Sewer Construction Costs Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of a sanitary sewer line to serve the Star Trail development. (HW) 23. 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: 23a. Section 551.087 – To discuss and consider economic development incentives. 23b. 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. 24. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 4 of 4 25. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Discussion on Frontier Park North 26. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m. on December 9, 2016, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Carol Myers, Deputy Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. Page 1 of 9 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Steve Glass, Deputy Director of Engineering Paul Naughton, Landscape Architect Leslie Scott, Library Director Baby Raley, Human Resources Director Kelly Neal, Finance Director Betty Pamplin, Accounting Manager January Cook, Purchasing Agent Doug Kowalski, Chief of Police Gary McHone, Assistant Police Chief Ronnie Tucker, Fire Chief Stuart Blasingame, Assistant Fire Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor Jason McConnell of First Methodist Church of Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas flag were recited. 3. Announcements of recent and upcoming events. The Library will offer genealogy classes at 6:30 p.m. on November 10, December 8, and January 12. The classes will offer information on research techniques, and developing a family tree outline. Classes are free to the public, and trained researchers will be available for assistance following each class. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, November 8, 2016 Item 4a Page 2 of 9 The Prosper Municipal Court will celebrate Municipal Court Week with an Open House Reception on Thursday, November 10, from 1:00-3:00 p.m. The public is invited to stop by to meet the court staff and Municipal Judge David Moore. From now until December 2, the Parks and Recreation Department will deliver letters to Santa Claus via “Santa Mail.” Letters may be dropped off at Prosper Commons Good Life, a full-service post office located near Hwy 380 and Coit Road. Visit www.prosperparksandred.org for more information. Entries for the December 3 Christmas Parade, sponsored by the Prosper Rotary Club and the Prosper Lions Club, will be accepted through November 21. Community groups, civic organizations, scout troops, and businesses are encouraged to participate. Proceeds from the parade will benefit the Prosper Police Department’s “Cops with a Claus” program. The Prosper Christmas Festival will be held in downtown Prosper immediately following the parade on December 3. From 3:00-6:00 p.m., families can enjoy a traditional hometown celebration with food, activities, live performances, vendors, and the lighting of the Town Christmas tree. This year’s theme is “Saluting Those Who Serve.” Shuttle service will be provided from Reynolds Middle School to downtown. More information is available on the Town Website. Fire Station No. 2 will hold its Grand Opening Ceremony on Saturday, December 10, from Noon-2:00 p.m. The public is invited to attend. Prosper’s Centennial Celebration Time Capsule will be buried as part of the ceremony. 4. Presentations.  Presentation of a Proclamation to members of the Prosper Historical Society, the Veterans Memorial Committee, and local veterans proclaiming November 11, 2016, as Veterans Day. (RB) Mayor Smith presented the Proclamation to members of the Prosper Historical Society. Also in attendance were County Judge Keith Self, County Commissioner Susan Fletcher, and Representative Scott Sanford. Representative Sanford presented a Texas flag and certificate of commemoration to Mayor Smith in honor of the occasion.  Presentation of a Proclamation to members of the Pulmonary Hypertension Association proclaiming November 2016 as Pulmonary Hypertension Awareness Month. (RB) Gary Bruce and members of the Hebert family were present to receive the Proclamation.  Presentation of a Proclamation to members of the Town of Prosper Municipal Court staff proclaiming November 7-11, 2016, as Municipal Court Week. (RB) Municipal Judge David Moore, Court Administrator Celia O’Dell, Court Clerk Sonia Holmes, and Court Bailiff Scott Lacagnin were present to receive the Proclamation. Item 4a Page 3 of 9  Presentation of the National Procurement Institute’s Achievement of Excellence in Procurement Award to members of the Town of Prosper Finance Department. (KN) Finance Director Kelly Neal and Purchasing Agent January Cook were present to receive the Proclamation. 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 meetings. (RB)  Regular Meeting – October 25, 2016. 5b. Consider and act upon appointing a Town of Prosper representative to the McKinney Airport Master Plan Advisory Committee. (RB) 5c. Receive the September Financial Report. (KN) 5d. Receive the Quarterly Investment Report. (KN) 5f. Consider and act upon Ordinance No. 16-69 rezoning a portion of Planned Development-65 (PD-65) and a portion of Planned Development-48 (PD-48), on 198.4± acres, located on the southeast and southwest corners of existing and future Prairie Drive and Legacy Drive, to allow for the development of a single family detached, senior living development and to modify lot type requirements. (Z16-0011). (JW) 5g. Consider and act upon Ordinance No. 16-70 rezoning 1.7± acres from Office (O) and Retail (R) to Planned Development-Retail (PD-R), located on the west side of Hays Road, 2,600± feet north of First Street. (Z16-0020). (JW) 5h. Consider and act upon awarding Bid No. 2017-01-B Preston Lakes Park Playground Project, to APC Brands, Inc. (American Parks Company), related to construction services for a playground in Preston Lakes Park; and authorizing the Town Manager to execute a construction agreement for same. (PN) Deputy Mayor Pro-Tem Dixon removed Item 5e from the Consent Agenda. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 7-0. 5e. Consider and act upon Ordinance No. 16-68 for a Special Purpose Sign District for Windsong Ranch Marketplace, on 46.6± acres, located on the northeast corner of US 380 and Gee Road. (MD16-0002). (JW) Item 4a Page 4 of 9 Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve Item 5e. The motion was approved by a vote of 5-2, with Deputy Mayor Pro- Tem Dixon and Councilmember Miller casting the opposing votes. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Jack Dixon, 810 Long Valley Court, Prosper, provided a brief presentation about the proposed Veterans Memorial. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending the architectural requirements of Windsong Ranch (Planned Development-40), generally located north of US 380 and west of Teel Parkway. (Z16-0022) (JW) Development Services Director John Webb presented this item before the Town Council. The purpose of the request is to amend the architectural requirements of Windsong Ranch, specifically the roof pitch requirements of structures on Type A, B, C and D lots within PD-40. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 16-71 amending the architectural requirements of Windsong Ranch (Planned Development-40), generally located north of US 380 and west of Teel Parkway. The motion was approved by a vote of 7-0. 8. Conduct a Public Hearing, and consider and act upon an ordinance amending the Town’s Thoroughfare Plan revising a segment of the Commercial Collector (DNT Backer Road) located between Dallas Parkway and the BNSF railroad, from Prosper Trail to First Street. (CA16-0004) (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Town staff has contracted with a consulting firm, Freese and Nichols, to perform an analysis of the mobility and circulation of the existing and future roadways, and to provide a recommendation regarding the Town’s Thoroughfare Plan. Item 4a Page 5 of 9 The consultant team recommends revising the north-south segment of the Commercial Collector, located between Dallas Parkway and the BNSF railroad, from Prosper Trail to First Street to shift the segment to the east in alignment with existing Cook Lane, and to provide an east-west Commercial Collector segment connecting to Dallas Parkway. Council requested staff to investigate crossing options at the Fifth Street Intersection with the BNSF Railroad. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Miller made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 16-72 amending the Town’s Thoroughfare Plan revising a segment of the Commercial Collector located between Dallas Parkway and the BNSF railroad, from Prosper Trail to First Street, as shown on the proposed Thoroughfare Plan. The motion was approved by a vote of 7-0. 9. Conduct a Public Hearing to receive public comments concerning the amendment of the land use assumptions and capital improvements plan, and the imposition of an impact fee for water, wastewater, and roadway utilities. (MD16-0012) (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Section 395 of the Texas Local Government Code (TLGC) requires any political subdivision imposing an impact fee to update the land use assumptions and the capital improvement plan at least every five years. On November 10, 2015, the Town Council approved a professional services agreement with Freese & Nichols, Inc., regarding the update of the Town's Water, Wastewater and Roadway Impact Fees. In accordance with the TLGC, the Town Council appointed members to the Capital Improvement Advisory Committee, which made the following recommendations: 1. Accepted the land use assumptions, capital improvements plan, and impact fee calculations as outlined in the draft impact fee study; and 2. Recommended the Town Council set the water, wastewater, and roadway impact fees at the maximum allowable fee per the impact fee study Staff recommended the Town Council continue the Public Hearing to the February 14, 2017, Town Council meeting. The Council’s Strategic Planning Session is tentatively scheduled for January 25, 2017. At that time, impact fees and other development-related fees will be discussed. Mayor Smith opened the Public Hearing. David Lehde, 5816 W. Plano Pkwy, Plano, Director of Government Affairs of the Dallas Homebuilders Association, spoke in opposition to the item, and urged the Council to take the cyclical nature of the homebuilding industry into account when setting impact fees, and to be mindful of the impact on home buyers. Melissa Brunger and Daniel Herrig, representing Freese and Nichols, provided a presentation to the Council regarding the impact fee study and the resulting recommendations. Item 4a Page 6 of 9 Michael Jobe, 801 Blue Ridge Drive, Prosper, spoke in opposition to the item, noting the impact of the fees on Prosper residents. David Blom, 1641 Summer Star, Prosper, spoke in opposition to the item, and asked Council to consider the impact of higher impact fees on home prices and long-term growth. With no one else speaking, Mayor Smith closed the Public Hearing. The Town Council requested that staff provide additional information on trends from previous impact studies in the future presentation, as well as a comparison of the Town’s current impact fees, the maximum allowable fees, and the actual impact fees collected by the Town. After discussion, Councilmember Davis made a motion and Councilmember Dugger seconded the motion to continue the Public Hearing to the February 14, 2017, Town Council meeting. The motion was approved by a vote of 7-0. 10. Conduct a Public Hearing, and consider and act upon an ordinance amending the Future Land Use Plan, on the northwest corner of Second Street and Main Street, from Old Town – Green Space to Old Town – Public. (CA16-0003) (JW) Mayor Smith opened Items 10 and 11 concurrently. 11. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 4.6± acres, from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), to facilitate the development of a governmental office - Town Hall, located on the northwest corner of Second Street and Main Street. (Z16-0023). (JW) Development Services Director John Webb presented Items 10 and 11 concurrently before the Town Council. Town staff has initiated a rezoning of 4.6± acres, located on the northwest corner of Second Street and Main Street from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), Zoning Case #Z16-0023, in order to facilitate the development of the new Town Hall. The proposed amendment to the Future Land Use Plan would revise the Old Town map inset to an Old Town – Public designation. This change will allow for and facilitate a public space for gathering, events, and other municipal functions. The purpose of the zoning request is to adopt development standards to accommodate a governmental office, the Town Hall. The three-story building will be 52,770 square feet in size and will house the Town’s primary governmental departments, Council Chambers and the Library. While municipal uses are permitted in the SF-15 District, the primary purpose of creating the Planned Development District is to allow for a three-story structure. Staff believes the base zoning of Downtown Office (DTO) is more appropriate for this non- residential structure. Mayor Smith opened the Public Hearings for Items 10 and 11 concurrently. With no one speaking, Mayor Smith closed the Public Hearings. Item 4a Page 7 of 9 After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 16-73 amending the Future Land Use Plan, on the northwest corner of Second Street and Main Street, from “Old Town – Green Space” to “Old Town – Public”. The motion was approved by a vote of 7-0. Councilmember Davis made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 16-74 rezoning 4.6± acres, from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO), to facilitate the development of the Town Hall, located on the northwest corner of Second Street and Main Street. The motion was approved by a vote of 7-0. DEPARTMENT ITEMS: 12. Consider and act upon awarding CSP No. 2016-72-B Town of Prosper Frontier Park North Field Improvements - Artificial Turf, to Hellas Construction, Inc., related to turnkey solution to design, construct and install artificial turf for five fields (3 baseball/softball, two multi-purpose fields) at Frontier Park; and authorizing the Town Manager to execute a construction agreement for same. (PN) Landscape Architect Paul Naughton presented this item before the Town Council. On June 28, 2016, the Town Council approved the Competitive Sealed Proposal (CSP) procurement method for the purchase and installation of artificial field turf for the Town of Prosper Frontier Park – North Field Improvements project, and the evaluation criteria to be utilized for selection. Mr. Naughton introduced Randy Bullock of Hellas Construction who provided a presentation to Council about their products. Mr. Bullock reviewed the artificial turf product specifications and warranty details, noting the safety standards of their product. The Town Council discussed the details of the warranty, the bid specifications, and the evaluation process. Purchasing Agent January Cook responded to questions about he evaluation criteria and scoring process. Town Attorney Terry Welch addressed Council’s questions about the warranty, noting that the warranty provides as much protection as possible for the Town. Mayor Smith recognized the following individual who requested to speak: Chris Patton, Regional Sales Manager of FieldTurf, addressed the Town Council regarding FieldTurf’s bid proposal compared to that of Hellas Construction. Mr. Naughton answered additional questions from Council, noting that the evaluation committee was comprised of experts in the field of artificial turf, and Town staff was comfortable with the evaluation committee’s recommendation. After discussion, Councilmember Korbuly made a motion and Councilmember Dugger Seconded the motion to award CSP No. 2016-72-B Town of Prosper Frontier Park North Field Improvements - Artificial Turf, to Hellas Construction, Inc., related to turnkey solution to design, construct and install artificial turf for five fields (three baseball/softball, two multi- purpose fields) at Frontier Park; and authorizing the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 5-2, with Mayor Pro-Tem Vogelsang and Councilmember Davis casting the opposing votes. Item 4a Page 8 of 9 13. Consider and act upon authorizing the Town Manager to execute a Blue Cross Blue Shield Business Associate Agreement, Benefit Program Application (“ASO BPA”), Call-A-Doc Business Associate Agreement, Telemedicine Corp. Benefit Services Agreement, Symetra Preliminary Excess Loss Insurance Application, Symetra Excess Loss Disclosure Statement, and Symetra Electronic Use Agreement, and Health Check 360 Contract, effective January 1, 2017. (BR) Human Resources Director Baby Raley presented this item before the Town Council. The Town of Prosper offers a selection of benefit options to employees, including basic life insurance, accidental death and dismemberment insurance, long-term disability insurance, major medical, health savings accounts, and health reimbursement accounts. After evaluation of fully-insured and self-insured proposals, Town staff, the Employee Benefits Committee, and Council Benefits Subcommittee recommended the proposed vendors for employee benefits, and also recommended the self-insured medical plan through Blue Cross Blue Shield. Additional research and review of the Oklahoma Surgery Center and wellness program vendors will be conducted to determine cost-effectiveness. After discussion, Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang seconded the motion to authorize the Town Manager to execute a Blue Cross Blue Shield Business Associate Agreement and Benefit Program Application for group medical insurance, 24/7 Call-A-Doc Business Associate Agreement, Telemedicine Corp. Benefit Services Agreement, Symetra Preliminary Excess Loss Insurance Application, Symetra Excess Loss Disclosure Statement, and Symetra Electronic Use Agreement, effective January 1, 2017. The motion was approved by a vote of 7-0. Following the vote, Town Manager Harlan Jefferson introduced Steve Glass, the Town’s new Deputy Director of Engineering Services. 14. 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: 14a. Section 551.087 – To discuss and consider economic development incentives. 14b. 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. 14c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incident and related thereto. 14d. Section 551.071 – Consultation with the Town Attorney regarding legal issues associated with utility siting issues, and all matters incident and related thereto. The Town Council recessed into Executive Session at 9:15 p.m. Item 4a Page 9 of 9 15. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 9:53 p.m. No action was taken as a result of Executive Session. 16. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 17. Adjourn. The meeting was adjourned at 9:53 p.m. on Tuesday, November 8, 2016. These minutes approved on the 13th day of December, 2016. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Page 1 of 3 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order at 6:01 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Steve Glass, Deputy Director of Engineering Alex Glushko, Senior Planner Leslie Scott, Library Director Baby Raley, Human Resources Director Kelly Neal, Finance Director January Cook, Purchasing Agent Doug Kowalski, Chief of Police Ronnie Tucker, Fire Chief 2.Discussion on Cyber-Defense Labs. (RT/DK) This item will be discussed at a future Town Council meeting. 3.Consider and act upon a Site Plan for a retail shell building in the Shops at Prosper Trail, on 2.1± acres, located 320± feet east of Preston Road, 1,000± feet north of Prosper Trail. This property is zoned Planned Development-68 (PD-68). (D16-0073). (JW) Senior Planner Alex Glushko presented this item before the Town Council. Per PD-68, site plans and associated landscape and façade plans for outparcel buildings within the Shops at Prosper Trail development shall be approved by the Planning & Zoning Commission and the Town Council. The subject lot is located to the north and west of the Kroger building. The Site Plan shows one 19,600 square foot retail shell building. The Site Plan conforms to the PD-68 development standards, and meets the Town’s minimum development requirements. MINUTES Special Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, November 29, 2016 Item 4a Page 2 of 3 After discussion, Councilmember Meigs Miller made a motion and Councilmember Dugger seconded the motion to approve a Site Plan for a retail shell building in the Shops at Prosper Trail, on 2.1± acres, located 320± feet east of Preston Road, 1,000± feet north of Prosper Trail subject to: 1. Town staff approval of civil engineering, irrigation plans, open space plans, and address plans; and 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. The motion was approved by a vote of 6-0. 4. Consider and act upon approving a Guaranteed Maximum Price (GMP) Amendment and Second Addendum to the Standard Form of Agreement AIA Document A133- 2009 between Pogue Construction Co., L.P., and the Town of Prosper, related to Construction Manager-At-Risk services for the Town of Prosper Town Hall/Multi- Purpose Facility; and authorizing the Town Manager to execute same. (HW) Purchasing Agent January Cook presented this item before the Town Council. On January 26, 2016, the Town Council approved an anticipated budget for the facility, on- site parking, contingency and escalation in the amount of $18,502,094. Since that time, higher than expected cost escalations due to the construction market and approved design changes have resulted in a revised construction estimate of $19.6 million, which was shared with the Council at recent meetings. The proposed GMP for the project is $19,597,691 which includes the following five alternate items: • $ 125,305 Alternate #3: Provide increased capacity of the emergency generator and support system to back up the IT Department server and EOC (Executive Conference Room and Council Chambers) lighting, power, and HVAC. Also upgrade storm rated windows to projectile rated glazing and frames. • $ 214,822 Alternate #10: Provide natural stone specified on building exterior, retaining walls, and fountains in lieu of cast stone wainscot. • $ 41,205 Alternate #14: Provide conduits on site for path to connect telecommunications to the existing Police/Dispatch center. • $ 16,690 Alternate #15: Locate the transformer and generator on the west side of the west drive aisle. • $ 33,877 Alternate #17: Finish cupola in thin brick in lieu of EIFS. Ms. Cook introduced Sam Adams with Pogue Construction, who continued the presentation. Mr. Adams introduced members of the Pogue Construction staff in attendance, and then reviewed the details of the GMP Amendment. The five proposed alternate items were discussed. Mr. Adams stated that the glass to be used in Alternate #3, as well as the price for the glass, needs to be confirmed, and he will forward that information to Town staff. The Council discussed the need for a temporary EOC at this time. Town Manager Harlan Jefferson stated that it would be useful, since it will be several years before the Town builds a public safety facility that contains a permanent EOC. Randall Scott of Randall Scott Architects added that the Executive Conference Room and Council Chambers will not be fully hardened, but the enhancements that will be added in Alternate #3 will allow it to serve as an interim command center in the event of an emergency. The Council discussed whether to retain the cupola on top of the Town Hall facility, but no change was made to the current plans. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve a Guaranteed Maximum Price (GMP) Amendment and Item 4a Page 3 of 3 Second Addendum to the Standard Form of Agreement AIA Document A133-2009 between Pogue Construction Co., L.P., and the Town of Prosper, related to Construction Manager-At-Risk services for the Town of Prosper Town Hall Facility; and authorizing the Town Manager to execute same. 5. 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: 5a. Section 551.087 – To discuss and consider economic development incentives. 5b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:01 p.m. 6. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:30 p.m. No action was taken as a result of Executive Session. 7. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Dugger requested an update on the status of battery back-ups for traffic signals at the intersections of Coleman Street and Prosper Trail, the Dallas North Tollway and First Street. Mr. Jefferson stated that the batteries have been ordered and will be installed this fiscal year. Councilmember Dugger also requested an update on the installation of traffic signals at the intersections of Prosper Trail and Coit Road, and First Street and Coit Road. 8. Adjourn. The meeting was adjourned at 9:53 p.m. on Tuesday, November 29, 2016. These minutes approved on the 13th day of December, 2016. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT October 2016 Prepared by Finance Department December 13, 2016 Item 4b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 2016 Table of Contents Dashboard Charts 1 General Fund 3 Water-Sewer Fund 4 Debt Service Fund 5 Internal Service Fund 6 Vehicle and Equipment Replacement Fund 7 Storm Drainage Utility Fund 8 Park Dedication and Improvement Fund 9 TIRZ #1 - Blue Star Fund 10 TIRZ #2 - Matthews Southwest 11 Water Impact Fees Fund 12 Wastewater Impact Fees Fund 13 Thoroughfare Impact Fees Fund 14 Special Revenue Fund 15 Capital Projects Fund-General 16 Capital Projects Fund-Water/Sewer 17 Detail All Funds 18 Item 4b 1 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 14/15 FY15/16 FY 16/17 Item 4b 2 $21.530 $1.794 $1.138 $20.586 $1.716 $0.889 $- $5 $10 $15 $20 $25 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $13.785 $1.149 $0.549 $13.339 $1.112 $1.222 $- $2 $4 $6 $8 $10 $12 $14 $16 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures Item 4b 3 Amended Current Year Prior Year Change from Budget YTD Actuals YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 10,003,217$ 120,003$ 1%1 59,015$ 103% Sales Taxes 4,230,600 365,170 9%303,567 20% Franchise Fees 739,400 107 0%2 182 -41% Building Permits 2,656,400 160,798 6%3 470,187 -66% Fines 385,000 30,332 8%26,962 13% Other 2,571,587 213,011 8%154,019 38% Total Revenues 20,586,204$ 889,421$ 4%1,013,932$ -12% EXPENDITURES Administration 3,595,781$ 283,239$ 8%255,589$ 11% Police 3,870,127 186,301 5%180,477 3% Fire/EMS 4,775,499 280,431 6%241,055 16% Public Works 3,475,167 123,462 4%22,460 450% Community Services 2,746,228 106,988 4%104,707 2% Development Services 2,232,983 114,117 5%89,466 28% Engineering 834,347 43,794 5%46,660 -6% Total Expenses 21,530,132$ 1,138,332$ 5%940,415$ 21% REVENUE OVER (UNDER) EXPENDITURES (943,928)$ (248,911)$ 73,518$ Beginning Fund Balance October 1-Unassigned/Unrestricted 7,407,101$ 5,284,611$ Ending Fund Balance Current Month 7,158,190$ 5,358,129$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise use fees are collected quarterly and annually. The first quarter payments will be received in January. 3 issued for Adara Windsong Ranch Apartments this time last year. Building permits reflects a decline from prior month and this time last year. This is mainly due to 30 building permits TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% GENERAL FUND Item 4b 4 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Public Works Revenues 11,722,007$ 1,101,146$ 9%1,301,094$ -15% Administration Revenues 1,616,729 121,346 8%1 106,983 13% Total Revenues 13,338,736$ 1,222,492$ 9%1,408,077$ -13% EXPENDITURES Public Works 7,925,138$ 403,748$ 5%334,843$ 21% Administration 5,860,014 144,996 2%106,704 36% Total Expenses 13,785,152$ 548,744$ 4%441,547$ 24% REVENUE OVER (UNDER) EXPENDITURES (446,416)$ 673,748$ 966,530$ Beginning Working Capital October 1 4,830,010 4,856,972 Ending Working Capital Current Month 5,503,758$ 5,823,502$ Notes 1 Administration revenues is slightly lower than projected monthly budgeted revenue for Solid Waste charges. Average Monthly Average Cumulative October 9.6%9.6% November 7.6%17.2% December 5.3%22.5% January 4.1%26.6% February 4.3%30.9% March 4.6%35.5% April 5.9%41.4% May 7.1%48.5% June 8.5%57.0% July 12.1%69.1% August 14.5%83.6% September 16.4%100.0% TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% WATER-SEWER FUND Item 4b 5 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 73,828$ 8,178$ 11%2,998$ 173% Property Taxes-Current 4,086,721 41,585 1%1 23,009 81% Taxes-Penalties 21,439 2,245 10%500 349% Interest Income 18,000 1,099 6%2 810 36% Total Revenues 4,199,988$ 53,106$ 1%27,317$ 94% EXPENDITURES 2008 CO Bond Payment 572,175 - 0%- 2010 Tax Note Payment 368,376 - 0%- 2011 Refunding Bond Payment 118,541 - 0%- 2012 GO Bond Payment 282,263 - 0%- 2013 GO Refunding Bond 286,200 - 0%- Bond Administrative Fees 21,000 800 4%- 2014 GO Bond Payment 372,750 - 0%- 2015 GO Bond Payment 659,374 - 0%- 2015 CO Bond Payment 374,800 - 0%- 2016 GO Debt Payment 598,848 - 0%- 2016 CO Debt Payment 528,483 - 0%- Total Expenditures 4,182,810$ 800$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 17,178$ 52,306$ 27,317$ Beginning Fund Balance October 1 1,841,724 1,470,008 Ending Fund Balance Current Month 1,894,030$ 1,497,325$ Notes 1 2 Interest revenue does not meet monthly budget projection due to low interest rates in the market. Property taxes are billed in October and the majority of collections occur December through February. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% DEBT SERVICE FUND Item 4b 6 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services 20,000$ 1,980$ 10%1,665$ 19% Interest Income 700 70 10%71 -1% Transfers In 2,400 200 200 0% Total Revenue 23,100$ 2,250$ 10%1,936$ 16% EXPENDITURES MERP H & D Expense 40,000$ 1,010$ 3%-$ Total Expenditures 40,000$ 1,010$ 3%-$ REVENUE OVER (UNDER) EXPENDITURES (16,900)$ 1,240$ 1,936$ Beginning Fund Balance October 1 116,207 117,609 Ending Fund Balance Current Month 117,447$ 119,545$ Notes TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% INTERNAL SERVICE FUND-MEDICAL EXPENSE REIMBURSEMENT PROGRAM This fund will be dissolved after the 1st quarter of 2017 into the Employee Health Fund. Item 4b 7 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services 500,781$ 41,732$ 8%41,732$ 0% Other Reimbursements 18,000 - 0%1 - Interest Income - 1,493 - Transfers In - - - Total Revenue 518,781$ 43,225$ 8%41,732$ 4% EXPENDITURES Vehicle Replacement 204,560$ -$ 0%-$ Equipment Replacement - - 0%- IT Replacement 30,350 - 0%1,350 Total Expenditures 234,910$ -$ 0%1,350$ REVENUE OVER (UNDER) EXPENDITURES 283,871$ 43,225$ 40,382$ Beginning Fund Balance October 1 1,392,481 1,762,267 Ending Fund Balance Current Month 1,435,706$ 1,802,649$ Notes 1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account as they occur. TOWN OF PROSPER, TEXAS October 31, 2016 VEHICLE AND EQUIPMENT REPLACEMENT FUND MONTHLY FINANCIAL REPORT Expected Year to Date Percent 8.33% Item 4b 8 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 344,725$ 28,026$ 8%24,141$ 16% 45-4 Interest Income 900 57 6%1 39 47% Other Revenue - - - Total Revenue 345,625$ 28,083$ 8%24,181$ 16% EXPENDITURES Personnel Services 149,963$ 10,409$ 7%4,606$ 126% 45-7 Operating Expenditures 215,249 7,847 4%6,342 24% Total Expenses 365,212$ 18,257$ 5%10,948$ 67% REVENUE OVER (UNDER) EXPENDITURES (19,587)$ 9,827$ 13,233$ Beginning Working Capital October 1 287,662 261,398 Ending Working Capital Current Month 297,489$ 274,631$ Notes 1 Interest revenue does not meet monthly budget projection due to low interest rates in the market. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% STORM DRAINAGE UTILITY FUND Item 4b 9 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 100,000$ 76,039$ 76%279,883$ 60-4 Park Improvements 100,000 29,330 29%- Contributions - - - 60-4 Interest-Park Dedication 7,000 564 8%387 60-4 Interest-Park Improvements 3,800 687 18%448 Total Revenue 210,800$ 106,620$ 51%280,718$ EXPENDITURES 60-5 Miscellaneous Expense -$ -$ 10$ Professional Services-Park Ded - - - 60-5 Professional Services-Park Imp - - - Developer Reimbursement-Park Imp - - 60-6 Capital Exp-Park Imp 90,000 - 0%- 60-6 Capital Exp-Park Ded - - - Transfers Out - - - Total Expenses 90,000$ -$ 0%10$ REVENUE OVER (UNDER) EXPENDITURES 120,800$ 106,620$ 280,708$ Beginning Fund Balance October 1 2,528,974 2,296,791 Ending Fund Balance Current Month 2,635,594$ 2,577,499$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% PARK DEDICATION AND IMPROVEMENT FUNDS Item 4b 10 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes -$ -$ -$ Other Revenue - - - Transfers In - - - Total Revenue -$ -$ -$ EXPENDITURES Professional Services -$ -$ -$ Transfers Out - - - Total Expenses -$ -$ -$ REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ Beginning Fund Balance October 1 (7,500) (7,500) Ending Fund Balance Current Month (7,500)$ (7,500)$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% TIRZ #1 - BLUE STAR Item 4b 11 Amended Current Year Prior Year Change from Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes -$ -$ -$ Other Revenue - - - Transfers In - - - Total Revenue -$ -$ -$ EXPENDITURES Professional Services -$ -$ -$ Transfers Out - - - Total Expenditures -$ -$ -$ REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ Beginning Fund Balance October 1 - - Ending Fund Balance Current Month -$ -$ The TIRZ #2 Fund is new and has not received any tax revenue from the zone's tax increment. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% TIRZ #2 - MATTHEWS SOUTHWEST Item 4b 12 Current Year Project Project Amended Current Year Prior Years Budget Budget Budget Actual Expenditure Balance REVENUES Impact Fees Water 3,200,000$ 225,842$ Interest - Water 29,700 2,130 Total Revenues 3,229,700$ 227,972$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 975,000$ 975,000$ -$ -$ 975,000$ Prosper Partners Developer Reimb 195,000 195,000 - - 195,000 Preserve Doe Creek Developer Reim 532,586 532,586 - - 532,586 Total Developer Reimbursements 1,702,586$ 1,702,586$ -$ -$ 1,702,586$ Capital Expenditures Impact Fee Study 67,473$ 67,473$ -$ 44,379$ 23,094$ Prosper Trail EST 4,403,300 4,403,300 818,669 - 3,584,631 Lower Pressure Plane Pump Station Design 1,726,000 1,726,000 894,568 - 831,432 County Line Elevated Storage 337,500 337,500 - - 337,500 Kroger Reimb Prosper Trail 130,000 130,000 - 130,000 - 24" WL Connector County Line EST 70,775 70,775 - - 70,775 Total Projects 6,735,048$ 6,735,048$ 1,713,237$ 174,379$ 4,847,432$ Transfer to CIP Fund -$ -$ -$ -$ -$ Total Transfers Out -$ -$ -$ -$ -$ Total Expenditures 8,437,634$ 8,437,634$ 1,713,237$ 174,379$ 6,550,018$ REVENUE OVER (UNDER) EXPENDITURES (5,207,934)$ (1,485,265)$ Beginning Fund Balance October 1 3,958,384 Ending Fund Balance Current Month 2,473,119$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% WATER IMPACT FEES FUND Item 4b 13 Current Year Project Project Amended Current Year Prior Years Budget Budget Budget Actual Expenditure Balance REVENUES Impact Fees Wastewater 600,000$ 50,702$ Interest - Wastewater 7,800 672 Total Revenues 607,800$ 51,374$ EXPENDITURES Developer Reimbursements Impact Fee Reimbursement LaCima 5,000$ 5,000$ -$ -$ 5,000$ TVG Westside Utility Developer Reimb 170,750 170,750 - - 170,750 Prosper Partners Utility Developer Reimb 34,150 34,150 - - 34,150 Frontier Estates Developer Reimb 71,300 71,300 - 71,300 Total Developer Reimbursements 281,200$ 281,200$ -$ -$ 281,200$ Capital Expenditures Impact Fee Study 112,993$ 112,993$ 22,541$ 90,452$ -$ Public Works Interceptor 800,000 800,000 25,124 - 774,876 LaCima #2 Interceptor 465,000 465,000 - - 465,000 Total Projects 1,377,993$ 1,377,993$ 47,665$ 90,452$ 1,239,876$ Total Expenditures 1,659,193$ 1,659,193$ 47,665$ 90,452$ 1,521,076$ REVENUE OVER (UNDER) EXPENDITURES 3,709$ Beginning Fund Balance October 1 2,998,331 Ending Fund Balance Current Month 3,002,040$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% WASTEWATER IMPACT FEES FUND Item 4b 14 Current Year Project Project Amended Current Year Prior Years Budget Budget Budget Actual Expenditure Balance REVENUES East Thoroughfare Impact Fees 4,000,000$ 168,974$ West Thoroughfare Impact Fees 1,200,000 95,349 Interest-East Thoroughfare Impact Fees 32,560 2,658 Interest-West Thoroughfare Impact Fees 12,870 - Total Revenues 5,245,430$ 266,981$ EXPENDITURES East Impact Fee Study 17,322$ 17,322$ -$ 11,388$ 5,934$ Impact Fee Reimbursement Lakes of LaCima 300,000 300,000 - 199,029 100,971 Frontier Pkwy BNSF Overpass 2,340,000 2,340,000 - - 2,340,000 Prosper Trail (Kroger - Coit)3,000,000 3,000,000 - - 3,000,000 Prosper Trail (Coit - Custer)540,000 540,000 - - 540,000 Kroger Reimbursement - Prosper Tr 960,000 960,000 - 954,933 5,067 Coit Road (First - Frontier)770,000 770,000 - - 770,000 Custer Turn Lane - Prosper Tr 100,000 100,000 - - 100,000 Total East 8,027,322$ 8,027,322$ -$ 1,165,350$ 6,861,972$ West Impact Fee Study 17,322 17,322$ -$ 11,388$ 5,934$ TVG Developer Reimb 500,000 500,000 - - 500,000 Parks at Legacy Developer Reimb 100,000 100,000 - - 100,000 200,000 200,000 - - 200,000 Traffic Signal at First and DNT 590,000 590,000 - 109,328 480,672 Total West 1,407,322$ 1,407,322$ -$ 120,716$ 1,286,606$ Transfers Out -$ -$ -$ -$ -$ Total Transfers Out -$ -$ -$ -$ -$ Total Expenditures 9,434,644$ 9,434,644$ -$ 1,286,066$ 8,148,578$ REVENUE OVER (UNDER) EXPENDITURES 266,981$ Beginning Fund Balance October 1 5,777,012 Ending Fund Balance Current Month 6,043,993$ Cook Lane (First - End) TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% THOROUGHFARE IMPACT FEES FUND Item 4b 15 Amended Current Year Prior Year Change from Budget YTD Obligated YTD Percent Note YTD Obligated Prior Year REVENUES Police Donation Revenue 12,000$ 1,074$ 9%897$ 20% Police Grant - - - Fire Donation Revenue 8,400 1,110 13%922 20% Child Safety Revenue 8,000 - 0%- Court Security Revenue 7,000 566 8%- Court Technology Revenue 9,000 755 8%- Special Revenue - Other - - - LEOSE Revenue - - - Library Grant - - - Interest Income 8,000 - 0%1,179 -100% Prosper Christmas Donations 12,000 10,486 87%- Tree Mitigation Revenue - - - Escrow Income - - - Cash Seizure/Forfeiture - - - In God We Trust Decals - - - Transfers In - - - Total Revenue 64,400$ 13,992$ 22%2,998$ 367% LEOSE Expenditure -$ -$ -$ Special Revenue Expense - Other - - - Prosper Christmas Expense 40,000 - 0%- Court Technology Expense 18,000 - 0%- Court Security Expense 8,179 389 5%- Police Donation Expense 10,000 - 0%- Fire Donation Expense - - 415 -100% Child Safety Expense 10,000 - 0%- Escrow Expenditure - - - Tree Mitigation Expense 14,000 - 0%- Volunteer Per Diem - - - Library Grant Expense - - - Police Seizure Expense 5,000 - 0%200 -100% In God We Trust Decals - - Transfers Out - - - Total Expenses 105,179$ 389$ 0%615$ -37% REVENUE OVER (UNDER) EXPENDITURES (40,779)$ 13,602$ 2,383$ Beginning Fund Balance October 1 2,957,413$ 2,420,747$ Ending Fund Balance Current Month 2,971,015$ 2,423,130$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 Expected Year to Date Percent 8.33% SPECIAL REVENUE FUNDS Item 4b 16 Current Year Project Project Amended Current Year Prior Years Budget Budget Budget Actual Expenditure Balance Note REVENUES Grants -$ -$ Contributions/Interlocal Revenue - - Bond Proceeds 12,792,496 - Interest-2004 Bond 2,000 170 Interest-2006 Bond 600 296 Interest-2008 Bond 7,500 49 Interest-2012 GO Bond 12,000 98 Interest-2015 Bond - 1,985 Interest-2016 Bond - 7,947 Transfers In 2,640,000 138,750 Total Revenues 15,454,596$ 149,296$ EXPENDITURES Coleman-Prosper Tr to Prosper HS 3,347,093$ 3,347,093$ 46,162$ 4,321,893$ (1,020,962)$ Downtown Enhancements 1,850,000 1,850,000 - 51,300 1,798,700 Teel Parkway-DCFWSD#10 2,600,000 2,600,000 - - 2,600,000 Seventh Street (Coleman-PISD)- - - 9,655 (9,655) West Prosper Roads 12,781,000 12,781,000 - 6,089,214 6,691,786 Gates of Prosper Road Imp - Ph 1 2,000,000 2,000,000 - - 2,000,000 Prosper Trail (Kroger to Coit)975,000 975,000 - 200,549 774,452 First Street (DNT to Coleman)590,000 590,000 - 395,224 194,776 Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 1,000,000 - - 1,000,000 Fishtrap Rd (Artesia to Dallas Parkway) & 1,990,254 1,990,254 - 1,452,006 538,248 First St (Coit to Custer Rd) Main Street (First - Broadway)625,000 625,000 - - 625,000 Eighth Street (Church-PISD)260,000 260,000 - - 260,000 Church Street (First-PISD)750,000 750,000 - 89,300 660,700 Field Street (First-Broadway)250,000 250,000 - - 250,000 Parvin Road (Good Hope-FM1385)270,000 270,000 - - 270,000 Pasewark (Preston-Hickory)400,000 400,000 - - 400,000 Parvin (Broadway-Eighth)515,000 515,000 - - 515,000 Sixth Street (Coleman-Church)430,000 430,000 - - 430,000 Third Street (Church-Lane)320,000 320,000 - - 320,000 Town Hall Infrastructure Improvements 1,275,000 1,275,000 - 188,871 1,086,130 Total Street Projects 32,228,347$ 32,228,347$ 46,162$ 12,798,012$ 19,384,173$ SH289 Median Lighting 950,000$ 950,000$ -$ 953,203$ (3,203)$ Decorative Monument Street Signs 150,020 150,020 - 109,943 40,077 Coit Rd (US 380 - First) Median Lighting 450,000 450,000 - - 450,000 Total Traffic Projects 1,550,020$ 1,550,020$ -$ 1,063,146$ 486,874$ Frontier Park - North Field Improvements 9,526,225$ 9,526,225$ -$ -$ 9,526,225$ Total Park Projects 9,526,225$ 9,526,225$ -$ -$ 9,526,225$ Windsong Ranch Fire Station 7,500,000$ 7,500,000$ 12,818$ 7,097,167$ 390,015$ Town Hall Professional Services 1,861,500 1,861,500 - 1,391,313 470,187 Town Hall Multipurpose Facility 18,813,000 18,813,000 - - 10,000,000 Town Hall - FF&E 1,362,000 1,362,000 - - 1,362,000 Windsong Ranch Fire - Apparatus 815,000 815,000 - - 815,000 Total Facility Projects 30,351,500$ 30,351,500$ 12,818$ 8,488,480$ 13,037,202$ Non-Capital Bond Exp -$ -$ -$ -$ -$ Total Non Project Expenditure -$ -$ -$ -$ -$ Total Expenditures 73,656,092$ 73,656,092$ 58,981$ 22,349,638$ 42,434,474$ REVENUE OVER (UNDER) EXPENDITURES (58,201,496)$ 90,315$ Beginning Fund Balance October 1 13,829,421 Ending Fund Balance Current Month 13,919,736$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2016 CAPITAL PROJECTS FUND-GENERAL Item 4b 17 Current Year Project Project Amended Current Year Prior Year Budget Budget Budget Actual Expenditure Balance Note REVENUES Interest Income 37,200$ 1,650$ Bond Proceeds 11,138,450 - Transfers In - - Total Revenues 11,175,650$ 1,650$ EXPENDITURES Gates of Prosper WA Improvements Ph1 470,000$ 470,000$ -$ -$ 470,000$ PRV's at BNSF Railroad 582,000 582,000 - 28,788 553,212 Lower Pressure Plane Pump Station Design 22,960,919 22,960,919 - - 22,960,919 Prosper Trail EST Construction 4,920,600 4,920,600 - - 4,920,600 Total Water Projects 28,933,519$ 28,933,519$ -$ 28,788$ 28,904,731$ Gates of Prosper WW Imp Ph 1 5,700,000$ 5,700,000$ -$ -$ 5,700,000$ Matthew SW WW Imp 2,500,000 2,500,000 - - 2,500,000 Total Wastewater Projects 8,200,000$ 8,200,000$ -$ -$ 8,200,000$ Downtown Drainage-Hawk Ridge 165,000$ 165,000$ -$ -$ 165,000$ Old Town Drainage 500,000 500,000 - 19,720 480,280 Coleman Rd Drainage 300,000 300,000 - 17,500 282,500 Old Town Land Drainage Land Acq 750,000 750,000 - 59,920 690,080 Old Town Drainage Broadway Design & Constructio 750,000 750,000 - - 750,000 Old Town Drainage Trunk Main 600,000 600,000 - - 600,000 Old Town Drainage-First and Main 800,000 800,000 - - 800,000 Amberwood Farms Drainage 32,000 32,000 - - 32,000 Total Drainage Projects 3,897,000$ 3,897,000$ -$ 97,140$ 3,799,860$ Total Expenses 41,030,519$ 41,030,519$ -$ 125,928$ 41,089,691$ (29,854,869)$ 1,650$ Beginning Working Capital October 1 5,664,920 Ending Working Capital Current Month 5,666,570$ TOWN OF PROSPER, TEXAS October 31, 2016 CAPITAL PROJECTS FUND-WATER/SEWER MONTHLY FINANCIAL REPORT Item 4b 18 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-4035-10-00 3% Construction Fee - 363,000.00 - 363,000.00 - 27,371.14 - 27,371.14 7.54 - 335,628.86 100-4061-10-00 Notary Fees - 200.00 - 200.00 - 27.00 - 27.00 13.50 - 173.00 100-4105-10-00 Property Taxes -Delinquent - 113,138.00 - 113,138.00 - 15,253.10 - 15,253.10 13.48 - 97,884.90 100-4110-10-00 Property Taxes -Current - 9,848,328.00 - 9,848,328.00 - 101,605.94 - 101,605.94 1.03 - 9,746,722.06 100-4115-10-00 Taxes -Penalties - 41,751.00 - 41,751.00 - 3,144.19 - 3,144.19 7.53 - 38,606.81 100-4120-10-00 Sales Taxes - 4,230,600.00 - 4,230,600.00 - 365,169.86 - 365,169.86 8.63 - 3,865,430.14 100-4130-10-00 Sales Tax-Mixed Beverage - 19,000.00 - 19,000.00 - 19,000.00 100-4140-10-00 Franchise Taxes - Electric - 420,000.00 - 420,000.00 - 420,000.00 100-4150-10-00 Franchise Taxes - Telephone - 190,000.00 - 190,000.00 - 106.80 - 106.80 0.06 - 189,893.20 100-4160-10-00 Franchise Taxes - Gas - 92,000.00 - 92,000.00 - 92,000.00 100-4170-10-00 Franchise Taxes - Road Usage - 9,350.00 - 9,350.00 - 9,350.00 100-4190-10-00 Franchise Fee-Cable - 28,050.00 - 28,050.00 - 28,050.00 100-4200-10-00 T-Mobile Fees - 34,608.00 - 34,608.00 - 2,883.75 - 2,883.75 8.33 - 31,724.25 100-4201-10-00 Tierone Converged Network - 18,000.00 - 18,000.00 - 1,500.00 - 1,500.00 8.33 - 16,500.00 100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 40.00 - 40.00 26.67 - 110.00 100-4205-10-00 Blue Wireless Fees (Panaband)- 23,808.00 - 23,808.00 - 1,983.75 - 1,983.75 8.33 - 21,824.25 100-4206-10-00 Verizon Antenna Lease - 28,000.00 - 28,000.00 - 28,000.00 100-4218-10-00 Administrative Fees-EDC - 7,500.00 - 7,500.00 - 1,250.00 - 1,250.00 16.67 - 6,250.00 100-4230-10-00 Other Permits - 870.00 - 870.00 - 120.00 - 120.00 13.79 - 750.00 100-4610-10-00 Interest Income - 36,000.00 - 36,000.00 - 7,157.82 - 7,157.82 19.88 - 28,842.18 100-4910-10-00 Other Revenue - 25,000.00 - 25,000.00 - 3.00 - 3.00 0.01 - 24,997.00 100-4995-10-00 Transfer In/Out - 1,091,166.00 - 1,091,166.00 - 90,930.50 - 90,930.50 8.33 - 1,000,235.50 100-4410-10-07 Court Fines - 385,000.00 - 385,000.00 - 30,332.47 - 30,332.47 7.88 - 354,667.53 100-4610-10-07 Interest Income - 3,600.00 - 3,600.00 - 499.58 - 499.58 13.88 - 3,100.42 100-4230-20-01 Other Permits - 660.00 - 660.00 - 100.00 - 100.00 15.15 - 560.00 100-4440-20-01 Accident Reports - 880.00 - 880.00 - 84.00 - 84.00 9.55 - 796.00 100-4450-20-01 Alarm Fee - 40,700.00 - 40,700.00 - 3,120.00 - 3,120.00 7.67 - 37,580.00 100-4910-20-01 Other Revenue - 500.00 - 500.00 - 80.00 - 80.00 16.00 - 420.00 100-4310-30-01 Charges for Services - 220,000.00 - 220,000.00 - 220,000.00 100-4315-30-05 Fire Review/Inspect Fees - 40,000.00 - 40,000.00 - 8,750.00 - 8,750.00 21.88 - 31,250.00 100-4017-40-01 Contractor Registration Fee - 68,985.00 - 68,985.00 - 3,800.00 - 3,800.00 5.51 - 65,185.00 100-4210-40-01 Building Permits - 2,656,400.00 - 2,656,400.00 - 160,797.70 - 160,797.70 6.05 - 2,495,602.30 100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 19,982.50 - 19,982.50 9.99 - 180,017.50 100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 3,930.00 - 3,930.00 8.73 - 41,070.00 100-4242-40-01 Re-inspection Fees - 35,000.00 - 35,000.00 - 5,625.00 - 5,625.00 16.07 - 29,375.00 100-4910-40-01 Other Revenue - 10,000.00 - 10,000.00 - 2,227.89 - 2,227.89 22.28 - 7,772.11 100-4245-40-02 Health Inspections - 19,340.00 - 19,340.00 - 700.00 - 700.00 3.62 - 18,640.00 100-4910-40-02 Other Revenue - 875.00 - 875.00 - 875.00 100-4220-40-03 Zoning Application Fees - 20,000.00 - 20,000.00 - 1,600.00 - 1,600.00 8.00 - 18,400.00 100-4225-40-03 Development Application Fees - 100,000.00 - 100,000.00 - 1,615.00 - 1,615.00 1.62 - 98,385.00 100-4910-40-03 Other Revenue - 3,000.00 - 3,000.00 - 200.00 - 200.00 6.67 - 2,800.00 100-4910-50-01 Other Revenue - 15,000.00 - 15,000.00 - 1,440.00 - 1,440.00 9.60 - 13,560.00 100-4056-60-00 Field Rental Fees - 49,500.00 - 49,500.00 - 23,225.00 - 23,225.00 46.92 - 26,275.00 100-4057-60-00 Pavilion User Fees - 3,500.00 - 3,500.00 - 755.00 - 755.00 21.57 - 2,745.00 100-4058-60-00 Park Program Fees - 44,000.00 - 44,000.00 - 1,871.89 - 1,871.89 4.25 - 42,128.11 100-4063-60-05 Lost Fees - 275.00 - 275.00 - 3.99 - 3.99 1.45 - 271.01 100-4064-60-05 Printing/Copying Fees - 60.00 - 60.00 - 0.80 - 0.80 1.33 - 59.20 100-4065-60-05 Book Fines - 660.00 - 660.00 - 133.50 - 133.50 20.23 - 526.50 100-4510-60-05 Grants - 2,500.00 - 2,500.00 - 2,500.00 100-4910-60-05 Other Revenue - 250.00 - 250.00 - 0.06 - 0.06 0.02 - 249.94 100-5110-10-01 Salaries & Wages 68,097.00 68,097.00 5,085.72 5,085.72 7.47 63,011.28 100-5140-10-01 Salaries - Longevity Pay 215.00 215.00 215.00 Item 4b 19 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5145-10-01 Social Security Expense 4,235.00 4,235.00 312.55 312.55 7.38 3,922.45 100-5150-10-01 Medicare Expense 991.00 991.00 73.09 73.09 7.38 917.91 100-5155-10-01 SUTA Expense 171.00 171.00 171.00 100-5160-10-01 Health/Dental Insurance 6,100.00 6,100.00 423.64 423.64 6.95 5,676.36 100-5165-10-01 Dental Insurance 433.00 433.00 32.46 32.46 7.50 400.54 100-5170-10-01 Life Insurance 92.00 92.00 7.88 7.88 8.57 84.12 100-5175-10-01 Liability (TML)/Workers' Comp 139.00 139.00 5.12 5.12 3.68 133.88 100-5180-10-01 TMRS Expense 9,174.00 9,174.00 633.95 633.95 6.91 8,540.05 100-5185-10-01 Long Term/Short Term Disabilit 126.00 126.00 9.66 9.66 7.67 116.34 100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 39.16 39.16 6.53 560.84 100-5190-10-01 Contract Labor 100.00 100.00 100.00 100-5210-10-01 Supplies 1,200.00 1,200.00 1,200.00 100-5212-10-01 Building Supplies 1,000.00 1,000.00 1,000.00 100-5230-10-01 Dues,Fees,& Subscriptions 2,550.00 2,550.00 498.00 498.00 19.53 2,052.00 100-5240-10-01 Postage and Delivery 100.00 100.00 100.00 100-5250-10-01 Publications 400.00 400.00 400.00 100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00 100-5330-10-01 Copier Expense 250.00 250.00 250.00 100-5340-10-01 Building Repairs 500.00 500.00 500.00 100-5410-10-01 Professional Services 272,110.00 272,110.00 11,162.87 11,162.87 256,768.00 4.10 4,179.13 100-5430-10-01 Legal Fees 72,450.00 72,450.00 72,450.00 100-5480-10-01 Contracted Services 9,755.00 9,755.00 363.69 363.69 3.73 9,391.31 100-5524-10-01 Gas 500.00 500.00 500.00 100-5525-10-01 Electricity 7,250.00 7,250.00 7,250.00 100-5526-10-01 Data Network 1,000.00 1,000.00 1,000.00 100-5530-10-01 Travel 250.00 250.00 250.00 100-5533-10-01 Mileage Expense 200.00 200.00 200.00 100-5536-10-01 Training/Seminars 200.00 200.00 200.00 100-5110-10-02 Salaries & Wages 128,561.00 3,305.00 131,866.00 8,396.40 8,396.40 6.37 123,469.60 100-5140-10-02 Salaries - Longevity Pay 210.00 210.00 210.00 100-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 90.00 90.00 8.33 990.00 100-5145-10-02 Social Security Expense 8,054.00 8,054.00 526.53 526.53 6.54 7,527.47 100-5150-10-02 Medicare Expense 1,884.00 1,884.00 123.14 123.14 6.54 1,760.86 100-5155-10-02 SUTA Expense 513.00 513.00 25.19 25.19 4.91 487.81 100-5170-10-02 Life Insurance 195.00 195.00 18.48 18.48 9.48 176.52 100-5175-10-02 Liability (TML)/Workers' Comp 265.00 265.00 8.49 8.49 3.20 256.51 100-5180-10-02 TMRS Expense 12,701.00 12,701.00 885.74 885.74 6.97 11,815.26 100-5185-10-02 Long Term/Short Term Disabilit 172.00 172.00 13.44 13.44 7.81 158.56 100-5193-10-02 Records Retention 2,470.00 2,470.00 2,470.00 100-5210-10-02 Supplies 1,200.00 1,200.00 1,200.00 100-5220-10-02 Office Equipment 500.00 500.00 500.00 100-5230-10-02 Dues,Fees,& Subscriptions 1,860.00 1,860.00 25.00 25.00 1.34 1,835.00 100-5240-10-02 Postage and Delivery 200.00 200.00 11.44 11.44 5.72 188.56 100-5280-10-02 Printing and Reproduction 1,135.00 1,135.00 1,135.00 100-5310-10-02 Rental Expense 5,800.00 5,800.00 5,800.00 100-5330-10-02 Copier Expense 1,500.00 1,500.00 1,500.00 100-5340-10-02 Building Repairs 1,000.00 1,000.00 1,000.00 100-5430-10-02 Legal Fees 21,600.00 21,600.00 21,600.00 100-5435-10-02 Legal Notices/Filings 5,100.00 5,100.00 5,100.00 100-5460-10-02 Election Expense 14,650.00 14,650.00 14,650.00 100-5480-10-02 Contracted Services 14,905.00 14,905.00 375.00 375.00 2.52 14,530.00 100-5520-10-02 Telephones 600.00 600.00 600.00 Item 4b 20 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5526-10-02 Data Network 460.00 460.00 460.00 100-5530-10-02 Travel 4,600.00 4,600.00 51.00 51.00 1.11 4,549.00 100-5533-10-02 Mileage Expense 800.00 800.00 34.56 34.56 4.32 765.44 100-5536-10-02 Training/Seminars 2,690.00 2,690.00 2,690.00 100-5538-10-02 Council/Public Official Expens 21,000.00 21,000.00 211.42 211.42 1.01 20,788.58 100-5600-10-02 Special Events 2,881.00 2,881.00 2,881.00 100-5110-10-03 Salaries & Wages 426,332.00 6,073.00 432,405.00 32,792.86 32,792.86 7.58 399,612.14 100-5115-10-03 Salaries - Overtime 1,808.00 1,808.00 221.65 221.65 12.26 1,586.35 100-5126-10-03 Salaries-Vacation Buy-Out 4,021.00 4,021.00 4,021.00 100-5140-10-03 Salaries - Longevity Pay 660.00 660.00 660.00 100-5143-10-03 Cell Phone Allowance 900.00 900.00 900.00 100-5145-10-03 Social Security Expense 26,896.00 26,896.00 2,035.67 2,035.67 7.57 24,860.33 100-5150-10-03 Medicare Expense 6,291.00 6,291.00 476.09 476.09 7.57 5,814.91 100-5155-10-03 SUTA Expense 1,026.00 1,026.00 171.00 171.00 16.67 855.00 100-5160-10-03 Health/Dental Insurance 27,762.00 27,762.00 1,262.96 1,262.96 4.55 26,499.04 100-5165-10-03 Dental Insurance 2,032.00 2,032.00 97.74 97.74 4.81 1,934.26 100-5170-10-03 Life Insurance 677.00 677.00 31.52 31.52 4.66 645.48 100-5175-10-03 Liability (TML)/Workers' Comp 884.00 884.00 33.01 33.01 3.73 850.99 100-5180-10-03 TMRS Expense 58,269.00 58,269.00 4,094.94 4,094.94 7.03 54,174.06 100-5185-10-03 Long Term/Short Term Disabilit 789.00 789.00 39.10 39.10 4.96 749.90 100-5186-10-03 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 89.16 89.16 5.40 1,560.84 100-5191-10-03 Hiring Cost 100.00 100.00 100.00 100-5210-10-03 Supplies 3,550.00 3,550.00 3,550.00 100-5212-10-03 Building Supplies 2,000.00 2,000.00 2,000.00 100-5220-10-03 Office Equipment 1,350.00 1,350.00 1,350.00 100-5230-10-03 Dues,Fees,& Subscriptions 6,090.00 6,090.00 248.00 248.00 4.07 5,842.00 100-5240-10-03 Postage and Delivery 1,800.00 1,800.00 74.46 74.46 4.14 1,725.54 100-5280-10-03 Printing and Reproduction 150.00 150.00 120.26 120.26 80.17 29.74 100-5310-10-03 Rental Expense 20,000.00 20,000.00 1,567.60 1,567.60 17,243.60 7.84 1,188.80 100-5330-10-03 Copier Expense 1,600.00 1,600.00 1,600.00 100-5340-10-03 Building Repairs 1,000.00 1,000.00 1,000.00 100-5410-10-03 Professional Services 7,200.00 7,200.00 7,200.00 100-5412-10-03 Audit Fees 35,700.00 35,700.00 41,990.00 - 6,290.00 100-5414-10-03 Appraisal/Tax Fees 100,000.00 100,000.00 100,000.00 100-5418-10-03 IT Fees 48,900.00 48,900.00 10,400.00 10,400.00 21.27 38,500.00 100-5419-10-03 IT Licenses 12,500.00 12,500.00 7,500.00 7,500.00 60.00 5,000.00 100-5430-10-03 Legal Fees 9,289.00 9,289.00 9,289.00 100-5480-10-03 Contracted Services 8,890.00 8,890.00 555.25 555.25 6.25 8,334.75 100-5520-10-03 Telephones 1,575.00 1,575.00 1,575.00 100-5525-10-03 Electricity 8,500.00 8,500.00 8,500.00 100-5526-10-03 Data Network 500.00 500.00 500.00 100-5530-10-03 Travel 9,100.00 9,100.00 120.00 120.00 1.32 8,980.00 100-5533-10-03 Mileage Expense 1,505.00 1,505.00 1,505.00 100-5536-10-03 Training/Seminars 4,835.00 4,835.00 4,835.00 100-5110-10-04 Salaries & Wages 139,415.00 2,382.00 141,797.00 10,488.27 10,488.27 7.40 131,308.73 100-5115-10-04 Salaries - Overtime 5,000.00 5,000.00 96.30 96.30 1.93 4,903.70 100-5126-10-04 Salaries-Vacation Buy-Out 2,603.00 2,603.00 2,603.00 100-5140-10-04 Salaries - Longevity Pay 290.00 290.00 290.00 100-5145-10-04 Social Security Expense 9,143.00 9,143.00 603.89 603.89 6.61 8,539.11 100-5150-10-04 Medicare Expense 2,138.00 2,138.00 141.24 141.24 6.61 1,996.76 100-5155-10-04 SUTA Expense 342.00 342.00 342.00 100-5160-10-04 Health/Dental Insurance 15,590.00 15,590.00 1,187.65 1,187.65 7.62 14,402.35 Item 4b 21 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5165-10-04 Dental Insurance 962.00 962.00 71.99 71.99 7.48 890.01 100-5170-10-04 Life Insurance 315.00 315.00 18.45 18.45 5.86 296.55 100-5175-10-04 Liability (TML)/Workers' Comp 290.00 290.00 102.21 102.21 35.25 187.79 100-5180-10-04 TMRS Expense 19,799.00 19,799.00 1,315.49 1,315.49 6.64 18,483.51 100-5185-10-04 Long Term/Short Term Disabilit 257.00 257.00 19.93 19.93 7.76 237.07 100-5186-10-04 WELLE-Wellness Prog Reimb Empl 600.00 600.00 50.00 50.00 8.33 550.00 100-5191-10-04 Hiring Cost 23,200.00 23,200.00 23,200.00 100-5210-10-04 Supplies 1,710.00 1,710.00 1,710.00 100-5220-10-04 Office Equipment 9,463.00 9,463.00 9,463.00 100-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 249.00 249.00 4.50 5,281.00 100-5240-10-04 Postage and Delivery 382.00 382.00 57.66 57.66 15.09 324.34 100-5250-10-04 Publications 500.00 500.00 500.00 100-5280-10-04 Printing and Reproduction 500.00 500.00 500.00 100-5330-10-04 Copier Expense 1,160.00 1,160.00 1,160.00 100-5410-10-04 Professional Services 31,000.00 31,000.00 359.75 359.75 1.16 30,640.25 100-5419-10-04 IT Licenses 4,285.00 4,285.00 4,285.00 100-5430-10-04 Legal Fees 10,000.00 10,000.00 10,000.00 100-5520-10-04 Telephones 1,272.00 1,272.00 1,272.00 100-5530-10-04 Travel 3,600.00 3,600.00 3,600.00 100-5533-10-04 Mileage Expense 1,000.00 1,000.00 1,000.00 100-5536-10-04 Training/Seminars 4,700.00 4,700.00 4,700.00 100-5600-10-04 Special Events 10,000.00 10,000.00 10,000.00 100-5110-10-05 Salaries & Wages 175,114.00 8,041.00 183,155.00 13,335.23 13,335.23 7.28 169,819.77 100-5115-10-05 Salaries - Overtime 86.55 86.55 - 86.55 100-5140-10-05 Salaries - Longevity Pay 70.00 70.00 70.00 100-5143-10-05 Cell Phone Allowance 2,760.00 2,760.00 230.00 230.00 8.33 2,530.00 100-5145-10-05 Social Security Expense 11,037.00 11,037.00 759.83 759.83 6.88 10,277.17 100-5150-10-05 Medicare Expense 2,581.00 2,581.00 177.70 177.70 6.89 2,403.30 100-5155-10-05 SUTA Expense 342.00 342.00 342.00 100-5160-10-05 Health/Dental Insurance 18,870.00 18,870.00 1,385.28 1,385.28 7.34 17,484.72 100-5165-10-05 Dental Insurance 988.00 988.00 74.16 74.16 7.51 913.84 100-5170-10-05 Life Insurance 184.00 184.00 20.94 20.94 11.38 163.06 100-5175-10-05 Liability (TML)/Workers' Comp 363.00 363.00 13.66 13.66 3.76 349.34 100-5180-10-05 TMRS Expense 23,906.00 23,906.00 1,688.74 1,688.74 7.06 22,217.26 100-5185-10-05 Long Term/Short Term Disabilit 323.00 323.00 25.35 25.35 7.85 297.65 100-5210-10-05 Supplies 500.00 500.00 500.00 100-5212-10-05 Building Supplies 500.00 500.00 500.00 100-5220-10-05 Office Equipment 1,000.00 1,000.00 1,000.00 100-5225-10-05 Computer Hardware 30,860.00 30,860.00 30,860.00 100-5230-10-05 Dues,Fees,& Subscriptions 500.00 500.00 500.00 100-5240-10-05 Postage and Delivery 300.00 300.00 0.47 0.47 0.16 299.53 100-5280-10-05 Printing and Reproduction 200.00 200.00 200.00 100-5330-10-05 Copier Expense 28,730.00 28,730.00 27,827.16 902.84 100-5400-10-05 Uniform Expense 800.00 800.00 800.00 100-5410-10-05 Professional Services 5,000.00 5,000.00 5,000.00 100-5418-10-05 IT Fees 42,450.00 42,450.00 1,750.00 1,750.00 5,250.00 4.12 35,450.00 100-5419-10-05 IT Licenses 88,700.00 88,700.00 88,700.00 100-5430-10-05 Legal Fees 1,000.00 1,000.00 1,000.00 100-5480-10-05 Contracted Services 33,000.00 33,000.00 33,000.00 100-5520-10-05 Telephones 30,663.00 30,663.00 2,405.39 2,405.39 7.85 28,257.61 100-5526-10-05 Data Network 58,232.00 58,232.00 3,066.89 3,066.89 5.27 55,165.11 100-5530-10-05 Travel 3,720.00 3,720.00 3,720.00 Item 4b 22 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5533-10-05 MILEAGE EXPENSE 1,500.00 1,500.00 1,500.00 100-5536-10-05 Training/Seminars 7,000.00 7,000.00 7,000.00 100-5620-10-05 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-10-05 Safety Equipment 500.00 500.00 500.00 100-5110-10-07 Salaries & Wages 119,401.00 123.00 119,524.00 8,911.56 8,911.56 7.46 110,612.44 100-5115-10-07 Salaries - Overtime 251.00 251.00 251.00 100-5126-10-07 Salaries-Vacation Buy-Out 3,174.00 3,174.00 3,174.00 100-5128-10-07 Language Pay 2,250.00 2,250.00 100.00 100.00 4.44 2,150.00 100-5140-10-07 Salaries - Longevity Pay 235.00 235.00 235.00 100-5145-10-07 Social Security Expense 7,632.00 7,632.00 496.29 496.29 6.50 7,135.71 100-5150-10-07 Medicare Expense 1,785.00 1,785.00 116.07 116.07 6.50 1,668.93 100-5155-10-07 SUTA Expense 342.00 342.00 342.00 100-5160-10-07 Health/Dental Insurance 20,026.00 20,026.00 1,579.54 1,579.54 7.89 18,446.46 100-5165-10-07 Dental Insurance 898.00 898.00 69.92 69.92 7.79 828.08 100-5170-10-07 Life Insurance 184.00 184.00 15.76 15.76 8.57 168.24 100-5175-10-07 Liability (TML)/Workers' Comp 249.00 249.00 8.96 8.96 3.60 240.04 100-5180-10-07 TMRS Expense 16,528.00 16,528.00 1,108.54 1,108.54 6.71 15,419.46 100-5185-10-07 Long Term/Short Term Disabilit 221.00 221.00 16.93 16.93 7.66 204.07 100-5186-10-07 WELLE-Wellness Prog Reimb Empl 600.00 600.00 50.00 50.00 8.33 550.00 100-5210-10-07 Supplies 1,700.00 1,700.00 1,700.00 100-5212-10-07 Building Supplies 3,749.00 3,749.00 3,749.00 100-5220-10-07 Office Equipment 200.00 200.00 200.00 100-5230-10-07 Dues,Fees,& Subscriptions 250.00 250.00 250.00 100-5240-10-07 Postage and Delivery 1,400.00 1,400.00 1,400.00 100-5250-10-07 Publications 100.00 100.00 100.00 100-5280-10-07 Printing and Reproduction 700.00 700.00 700.00 100-5310-10-07 Rental Expense 36,920.00 36,920.00 5,945.00 5,945.00 17,835.00 16.10 13,140.00 100-5320-10-07 Repairs & Maintenance 500.00 500.00 500.00 100-5330-10-07 Copier Expense 1,850.00 1,850.00 1,850.00 100-5418-10-07 IT Fees 6,610.00 6,610.00 6,610.00 100-5420-10-07 Municipal Court/Judge Fees 24,000.00 24,000.00 1,200.00 1,200.00 5.00 22,800.00 100-5425-10-07 State Fines Expense 1,200.00 1,200.00 1,200.00 100-5430-10-07 Legal Fees 31,200.00 31,200.00 31,200.00 100-5480-10-07 Contracted Services 4,800.00 4,800.00 260.00 260.00 5.42 4,540.00 100-5524-10-07 Gas 750.00 750.00 750.00 100-5525-10-07 Electricity 1,500.00 1,500.00 1,500.00 100-5530-10-07 Travel 700.00 700.00 40.00 40.00 5.71 660.00 100-5533-10-07 Mileage Expense 700.00 700.00 312.80 312.80 44.69 387.20 100-5536-10-07 Training/Seminars 700.00 700.00 700.00 100-5110-10-99 Salaries & Wages 136,864.00 - 136,864.00 100-5176-10-99 TML Prop. & Liab. Insurance 110,000.00 110,000.00 93,455.60 93,455.60 84.96 16,544.40 100-5305-10-99 Chapt 380 Program Grant Exp 183,600.00 183,600.00 1,465.19 1,465.19 0.80 182,134.81 100-5480-10-99 Contracted Services 48,000.00 48,000.00 36,000.00 12,000.00 100-5600-10-99 SPECIAL EVENTS 5,000.00 5,000.00 5,000.00 100-6125-10-99 Capital Expense Technology 84,795.00 84,795.00 7,066.25 7,066.25 8.33 77,728.75 100-6140-10-99 Capital Expenditure - Equipmen 77,874.00 77,874.00 6,489.50 6,489.50 8.33 71,384.50 100-6160-10-99 Capital Expenditure - Vehicles 280,489.00 280,489.00 23,374.08 23,374.08 8.33 257,114.92 100-7000-10-99 Contingency 50,000.00 50,000.00 7,632.00 42,368.00 100-5110-20-01 Salaries & Wages 1,602,812.00 28,316.00 1,631,128.00 98,153.47 98,153.47 6.02 1,532,974.53 100-5115-20-01 Salaries - Overtime 75,386.00 75,386.00 6,467.12 6,467.12 8.58 68,918.88 100-5126-20-01 Salaries-Vacation Buy-Out 14,523.00 14,523.00 14,523.00 100-5127-20-01 Salaries-Certification Pay 23,130.00 23,130.00 1,726.12 1,726.12 7.46 21,403.88 Item 4b 23 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5140-20-01 Salaries - Longevity Pay 5,785.00 5,785.00 5,785.00 100-5143-20-01 Cell Phone Allowance 1,980.00 1,980.00 115.00 115.00 5.81 1,865.00 100-5145-20-01 Social Security Expense 106,841.00 106,841.00 6,339.34 6,339.34 5.93 100,501.66 100-5150-20-01 Medicare Expense 24,987.00 24,987.00 1,482.57 1,482.57 5.93 23,504.43 100-5155-20-01 SUTA Expense 4,617.00 4,617.00 15.83 15.83 0.34 4,601.17 100-5160-20-01 Health/Dental Insurance 171,917.00 171,917.00 9,389.52 9,389.52 5.46 162,527.48 100-5165-20-01 Dental Insurance 10,181.00 10,181.00 616.06 616.06 6.05 9,564.94 100-5170-20-01 Life Insurance 7,114.00 7,114.00 516.45 516.45 7.26 6,597.55 100-5175-20-01 Liability (TML)/Workers' Comp 30,330.00 30,330.00 3,643.08 3,643.08 12.01 26,686.92 100-5180-20-01 TMRS Expense 231,450.00 231,450.00 13,161.02 13,161.02 5.69 218,288.98 100-5185-20-01 Long Term/Short Term Disabilit 3,009.00 3,009.00 184.29 184.29 6.13 2,824.71 100-5186-20-01 WELLE-Wellness Prog Reimb Empl 5,550.00 5,550.00 89.16 89.16 1.61 5,460.84 100-5191-20-01 Hiring Cost 1,100.00 1,100.00 1,100.00 100-5192-20-01 Physical & Psychological 300.00 300.00 300.00 100-5210-20-01 Supplies 12,313.00 12,313.00 228.00 228.00 1.85 12,085.00 100-5212-20-01 Building Supplies 900.00 900.00 900.00 100-5214-20-01 Tactical Supplies 31,009.00 31,009.00 31,009.00 100-5215-20-01 Ammunition 24,204.00 24,204.00 24,204.00 100-5220-20-01 Office Equipment 4,060.00 4,060.00 4,060.00 100-5230-20-01 Dues,Fees,& Subscriptions 9,700.00 9,700.00 452.00 452.00 4.66 9,248.00 100-5240-20-01 Postage and Delivery 750.00 750.00 46.15 46.15 6.15 703.85 100-5250-20-01 Publications 400.00 400.00 400.00 100-5265-20-01 Promotional Expense 1,000.00 1,000.00 1,000.00 100-5280-20-01 Printing and Reproduction 500.00 500.00 500.00 100-5310-20-01 Rental Expense 4,200.00 4,200.00 519.80 519.80 12.38 3,680.20 100-5330-20-01 Copier Expense 2,060.00 2,060.00 2,060.00 100-5335-20-01 Radio/Video Repairs 500.00 500.00 500.00 100-5340-20-01 Building Repairs 2,000.00 2,000.00 2,000.00 100-5350-20-01 Vehicle Expense 92,000.00 92,000.00 1,900.84 1,900.84 2.07 90,099.16 100-5352-20-01 Fuel 54,000.00 54,000.00 54,000.00 100-5353-20-01 Oil/Grease/Inspections 3,500.00 3,500.00 3,500.00 100-5400-20-01 Uniform Expense 20,300.00 20,300.00 2,030.00 2,030.00 10,000.00 10.00 8,270.00 100-5410-20-01 Professional Services 91,600.00 91,600.00 91,600.00 100-5415-20-01 Tution Reimbursement 5,000.00 5,000.00 5,000.00 100-5418-20-01 IT Fees 1,000.00 1,000.00 1,000.00 100-5419-20-01 IT Licenses 1,000.00 1,000.00 1,000.00 100-5430-20-01 Legal Fees 7,550.00 7,550.00 7,550.00 100-5480-20-01 Contracted Services 27,824.00 27,824.00 303.68 303.68 6,000.00 1.09 21,520.32 100-5520-20-01 Telephones 8,310.00 8,310.00 8,310.00 100-5521-20-01 Cell Phone Expense 600.00 600.00 600.00 100-5524-20-01 Gas 400.00 400.00 400.00 100-5525-20-01 Electricity 10,000.00 10,000.00 10,000.00 100-5526-20-01 Data Network 13,760.00 13,760.00 13,760.00 100-5530-20-01 Travel 6,450.00 6,450.00 6,450.00 100-5533-20-01 Mileage Expense 500.00 500.00 500.00 100-5536-20-01 Training/Seminars 16,000.00 16,000.00 60.00 60.00 0.38 15,940.00 100-5600-20-01 Special Events 4,000.00 4,000.00 4,000.00 100-5630-20-01 Safety Equipment 23,100.00 23,100.00 23,100.00 100-5640-20-01 Signs & Hardware 500.00 500.00 500.00 100-6140-20-01 Capital Expenditure - Equipmen 81,200.00 81,200.00 78,705.24 2,494.76 100-6160-20-01 Capital Expenditure - Vehicles 180,000.00 180,000.00 180,000.00 100-5110-20-05 Salaries & Wages 409,992.00 5,327.00 415,319.00 27,708.80 27,708.80 6.67 387,610.20 Item 4b 24 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5115-20-05 Salaries - Overtime 10,545.00 10,545.00 274.01 274.01 2.60 10,270.99 100-5127-20-05 Salaries-Certification Pay 11,280.00 11,280.00 821.50 821.50 7.28 10,458.50 100-5140-20-05 Salaries - Longevity Pay 1,875.00 1,875.00 1,875.00 100-5145-20-05 Social Security Expense 26,840.00 26,840.00 1,706.14 1,706.14 6.36 25,133.86 100-5150-20-05 Medicare Expense 6,277.00 6,277.00 399.00 399.00 6.36 5,878.00 100-5155-20-05 SUTA Expense 1,539.00 1,539.00 1,539.00 100-5160-20-05 Health/Dental Insurance 40,164.00 40,164.00 3,257.24 3,257.24 8.11 36,906.76 100-5165-20-05 Dental Insurance 3,192.00 3,192.00 273.50 273.50 8.57 2,918.50 100-5170-20-05 Life Insurance 827.00 827.00 63.04 63.04 7.62 763.96 100-5175-20-05 Liability (TML)/Workers' Comp 860.00 860.00 29.00 29.00 3.37 831.00 100-5180-20-05 TMRS Expense 58,126.00 58,126.00 3,597.51 3,597.51 6.19 54,528.49 100-5185-20-05 Long Term/Short Term Disabilit 754.00 754.00 52.64 52.64 6.98 701.36 100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,000.00 3,000.00 278.32 278.32 9.28 2,721.68 100-5191-20-05 Hiring Cost 100.00 100.00 100.00 100-5192-20-05 Physical & Psychological 1,000.00 1,000.00 1,000.00 100-5210-20-05 Supplies 5,463.00 5,463.00 5,463.00 100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-20-05 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-20-05 Dues,Fees,& Subscriptions 1,000.00 1,000.00 1,000.00 100-5240-20-05 Postage and Delivery 100.00 100.00 100.00 100-5250-20-05 Publications 100.00 100.00 100.00 100-5280-20-05 Printing and Reproduction 100.00 100.00 100.00 100-5330-20-05 Copier Expense 500.00 500.00 500.00 100-5340-20-05 Building Repairs 3,000.00 3,000.00 400.50 400.50 13.35 2,599.50 100-5400-20-05 Uniform Expense 1,500.00 1,500.00 1,500.00 100-5430-20-05 Legal Fees 500.00 500.00 500.00 100-5480-20-05 Contracted Services 176,849.00 176,849.00 50,202.83 126,646.17 100-5520-20-05 Telephones 2,499.00 2,499.00 2,499.00 100-5524-20-05 Gas 300.00 300.00 300.00 100-5530-20-05 Travel 1,000.00 1,000.00 1,000.00 100-5533-20-05 Mileage Expense 500.00 500.00 500.00 100-5600-20-05 Special Events 500.00 500.00 500.00 100-5110-30-01 Salaries & Wages 2,549,515.00 39,358.00 2,588,873.00 162,707.82 162,707.82 6.29 2,426,165.18 100-5115-30-01 Salaries - Overtime 319,972.00 319,972.00 35,756.05 35,756.05 11.18 284,215.95 100-5126-30-01 Salaries-Vacation Buy-Out 6,574.00 6,574.00 6,574.00 100-5127-30-01 Salaries-Certification Pay 32,280.00 32,280.00 1,767.78 1,767.78 5.48 30,512.22 100-5140-30-01 Salaries - Longevity Pay 12,105.00 12,105.00 12,105.00 100-5143-30-01 Cell Phone Allowance 5,820.00 5,820.00 400.00 400.00 6.87 5,420.00 100-5145-30-01 Social Security Expense 179,454.00 179,454.00 11,782.44 11,782.44 6.57 167,671.56 100-5150-30-01 Medicare Expense 42,365.00 42,365.00 2,755.55 2,755.55 6.50 39,609.45 100-5155-30-01 SUTA Expense 7,524.00 7,524.00 473.62 473.62 6.30 7,050.38 100-5160-30-01 Health/Dental Insurance 244,033.00 244,033.00 15,548.88 15,548.88 6.37 228,484.12 100-5165-30-01 Dental Insurance 14,490.00 14,490.00 900.60 900.60 6.22 13,589.40 100-5170-30-01 Life Insurance 9,733.00 9,733.00 765.48 765.48 7.87 8,967.52 100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 7,471.00 529.00 100-5175-30-01 Liability (TML)/Workers' Comp 38,222.00 38,222.00 5,962.66 5,962.66 15.60 32,259.34 100-5180-30-01 TMRS Expense 371,292.00 371,292.00 23,636.93 23,636.93 6.37 347,655.07 100-5185-30-01 Long Term/Short Term Disabilit 4,410.00 4,410.00 275.37 275.37 6.24 4,134.63 100-5186-30-01 WELLE-Wellness Prog Reimb Empl 7,050.00 7,050.00 420.80 420.80 5.97 6,629.20 100-5190-30-01 Contract Labor 1,440.00 1,440.00 1,440.00 100-5191-30-01 Hiring Cost 1,000.00 1,000.00 1,000.00 100-5194-30-01 FD Annual Phy & Screening 32,900.00 32,900.00 32,900.00 Item 4b 25 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5210-30-01 Supplies 10,321.00 10,321.00 10,321.00 100-5212-30-01 Building Supplies 12,000.00 12,000.00 12,000.00 100-5220-30-01 Office Equipment 1,350.00 1,350.00 1,350.00 100-5230-30-01 Dues,Fees,& Subscriptions 6,250.00 6,250.00 2,475.00 2,475.00 39.60 3,775.00 100-5240-30-01 Postage and Delivery 250.00 250.00 250.00 100-5250-30-01 Publications 700.00 700.00 700.00 100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 1,900.00 100-5320-30-01 Repairs & Maintenance 18,000.00 18,000.00 81.88 81.88 0.46 17,918.12 100-5330-30-01 Copier Expense 3,613.00 3,613.00 3,613.00 100-5335-30-01 Radio/Video Equip. and Repairs 6,000.00 6,000.00 6,000.00 100-5340-30-01 Building Repairs 26,517.00 26,517.00 26,517.00 100-5350-30-01 Vehicle Expense 45,000.00 45,000.00 188.76 188.76 0.42 44,811.24 100-5352-30-01 Fuel 20,000.00 20,000.00 20,000.00 100-5400-30-01 Uniform Expense 33,500.00 33,500.00 13,500.00 20,000.00 100-5410-30-01 Professional Services 7,500.00 7,500.00 7,500.00 100-5430-30-01 Legal Fees 2,000.00 2,000.00 2,000.00 100-5440-30-01 EMS 96,407.00 96,407.00 835.27 835.27 14,250.00 0.87 81,321.73 100-5445-30-01 CERT Program Expenditures 20,000.00 20,000.00 20,000.00 100-5480-30-01 Contracted Services 12,730.00 12,730.00 2,496.14 2,496.14 19.61 10,233.86 100-5520-30-01 Telephones 1,525.00 1,525.00 1,525.00 100-5521-30-01 Cell Phone Expense 1,620.00 1,620.00 1,620.00 100-5524-30-01 Gas 13,000.00 13,000.00 13,000.00 100-5525-30-01 Electricity 50,000.00 50,000.00 50,000.00 100-5526-30-01 Data Network 9,282.00 9,282.00 9,282.00 100-5530-30-01 Travel 3,000.00 3,000.00 3,000.00 100-5533-30-01 Mileage Expense 1,500.00 1,500.00 1,500.00 100-5536-30-01 Training/Seminars 20,175.00 20,175.00 20,175.00 100-5610-30-01 Fire Fighting Equipment 20,000.00 20,000.00 20,000.00 100-5630-30-01 Safety Equipment 31,000.00 31,000.00 31,000.00 100-6140-30-01 Capital Expenditure - Equipmen 8,800.00 8,800.00 8,800.00 100-6160-30-01 Capital Expenditure - Vehicles 49,626.00 49,626.00 48,315.97 1,310.03 100-5110-30-05 Salaries & Wages 141,865.00 2,212.00 144,077.00 7,159.20 7,159.20 4.97 136,917.80 100-5115-30-05 Salaries - Overtime 22,904.00 22,904.00 1,183.74 1,183.74 5.17 21,720.26 100-5126-30-05 Salaries-Vacation Buy-Out 1,772.00 1,772.00 1,772.00 100-5140-30-05 Salaries - Longevity Pay 755.00 755.00 755.00 100-5143-30-05 Cell Phone Allowance 1,740.00 1,740.00 75.00 75.00 4.31 1,665.00 100-5145-30-05 Social Security Expense 10,522.00 10,522.00 459.41 459.41 4.37 10,062.59 100-5150-30-05 Medicare Expense 2,461.00 2,461.00 107.44 107.44 4.37 2,353.56 100-5155-30-05 SUTA Expense 342.00 342.00 342.00 100-5160-30-05 Health/Dental Insurance 15,514.00 15,514.00 777.22 777.22 5.01 14,736.78 100-5165-30-05 Dental Insurance 925.00 925.00 39.72 39.72 4.29 885.28 100-5170-30-05 Life Insurance 464.00 464.00 26.70 26.70 5.75 437.30 100-5175-30-05 Liability (TML)/Workers' Comp 2,138.00 2,138.00 260.37 260.37 12.18 1,877.63 100-5180-30-05 TMRS Expense 22,797.00 22,797.00 1,047.48 1,047.48 4.60 21,749.52 100-5185-30-05 Long Term/Short Term Disabilit 301.00 301.00 13.60 13.60 4.52 287.40 100-5186-30-05 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 50.00 50.00 4.17 1,150.00 100-5191-30-05 Hiring Cost 100.00 100.00 100.00 100-5193-30-05 Records Retention 250.00 250.00 250.00 100-5194-30-05 FD Annual Phy & Screening 1,614.00 1,614.00 1,614.00 100-5210-30-05 Supplies 250.00 250.00 250.00 100-5215-30-05 Ammunition 1,250.00 1,250.00 1,250.00 100-5220-30-05 Office Equipment 4,355.00 4,355.00 4,355.00 Item 4b 26 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5230-30-05 Dues,Fees,& Subscriptions 350.00 350.00 350.00 100-5240-30-05 Postage and Delivery 60.00 60.00 60.00 100-5250-30-05 Publications 1,300.00 1,300.00 1,300.00 100-5260-30-05 Advertising 3,000.00 3,000.00 3,000.00 100-5280-30-05 Printing and Reproduction 500.00 500.00 500.00 100-5335-30-05 Radio/Video Equip. and Repairs 4,500.00 4,500.00 4,500.00 100-5350-30-05 Vehicle Expense 800.00 800.00 800.00 100-5352-30-05 Fuel 4,000.00 4,000.00 4,000.00 100-5353-30-05 Oil/Grease/Inspections 750.00 750.00 750.00 100-5400-30-05 Uniform Expense 2,690.00 2,690.00 2,690.00 100-5418-30-05 IT Fees 360.00 360.00 360.00 100-5419-30-05 IT Licenses 150.00 150.00 150.00 100-5430-30-05 Legal Fees 2,500.00 2,500.00 2,500.00 100-5480-30-05 Contracted Services 2,000.00 2,000.00 2,000.00 100-5520-30-05 Telephones 765.00 765.00 765.00 100-5521-30-05 Cell Phone Expense 250.00 250.00 250.00 100-5526-30-05 Data Network 1,440.00 1,440.00 1,440.00 100-5530-30-05 Travel 1,000.00 1,000.00 1,000.00 100-5533-30-05 Mileage Expense 750.00 750.00 750.00 100-5536-30-05 Training/Seminars 4,700.00 4,700.00 4,700.00 100-5620-30-05 Tools & Equipment 450.00 450.00 450.00 100-5630-30-05 Safety Equipment 4,100.00 4,100.00 4,100.00 100-5640-30-05 Signs & Hardware 1,250.00 1,250.00 1,250.00 100-6160-30-05 Capital Expenditure - Vehicles 41,000.00 41,000.00 39,098.27 1,901.73 100-5110-40-01 Salaries & Wages 741,065.00 9,324.00 750,389.00 55,666.12 55,666.12 7.42 694,722.88 100-5115-40-01 Salaries - Overtime 42,831.00 42,831.00 888.83 888.83 2.08 41,942.17 100-5126-40-01 Salaries-Vacation Buy-Out 3,640.00 3,640.00 3,640.00 100-5140-40-01 Salaries - Longevity Pay 2,180.00 2,180.00 2,180.00 100-5143-40-01 Cell Phone Allowance 3,120.00 3,120.00 260.00 260.00 8.33 2,860.00 100-5145-40-01 Social Security Expense 49,245.00 49,245.00 3,231.51 3,231.51 6.56 46,013.49 100-5150-40-01 Medicare Expense 11,517.00 11,517.00 755.78 755.78 6.56 10,761.22 100-5155-40-01 SUTA Expense 2,223.00 2,223.00 48.14 48.14 2.17 2,174.86 100-5160-40-01 Health/Dental Insurance 69,428.00 69,428.00 5,786.10 5,786.10 8.33 63,641.90 100-5165-40-01 Dental Insurance 4,692.00 4,692.00 391.90 391.90 8.35 4,300.10 100-5170-40-01 Life Insurance 1,195.00 1,195.00 102.44 102.44 8.57 1,092.56 100-5175-40-01 Liability (TML)/Workers' Comp 3,003.00 3,003.00 12.98 12.98 0.43 2,990.02 100-5180-40-01 TMRS Expense 106,638.00 106,638.00 7,028.00 7,028.00 6.59 99,610.00 100-5185-40-01 Long Term/Short Term Disabilit 1,367.00 1,367.00 105.77 105.77 7.74 1,261.23 100-5210-40-01 Supplies 7,800.00 7,800.00 7,800.00 100-5212-40-01 Building Supplies 2,200.00 2,200.00 2,200.00 100-5220-40-01 Office Equipment 9,100.00 9,100.00 9,100.00 100-5230-40-01 Dues,Fees,& Subscriptions 64,721.00 64,721.00 2,000.00 2,000.00 3.09 62,721.00 100-5240-40-01 Postage and Delivery 50.00 50.00 4.55 4.55 9.10 45.45 100-5250-40-01 Publications 2,000.00 2,000.00 2,000.00 100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 1,000.00 100-5310-40-01 RENTAL EXPENSE 3,372.00 3,372.00 280.90 280.90 3,089.90 8.33 1.20 100-5330-40-01 Copier Expense 3,485.00 3,485.00 3,485.00 100-5340-40-01 Building Repairs 12,000.00 12,000.00 12,000.00 100-5350-40-01 Vehicle Expense 3,500.00 3,500.00 28.41 28.41 0.81 3,471.59 100-5352-40-01 Fuel 9,000.00 9,000.00 9,000.00 100-5353-40-01 Oil/Grease/Inspections 938.00 938.00 938.00 100-5400-40-01 Uniform Expense 3,250.00 3,250.00 3,250.00 Item 4b 27 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5410-40-01 Professional Services 250,000.00 250,000.00 250,000.00 100-5418-40-01 IT Fees 1,000.00 1,000.00 1,000.00 100-5430-40-01 Legal Fees 500.00 500.00 500.00 100-5465-40-01 Public Relations 500.00 500.00 500.00 100-5475-40-01 Credit Card Fees 10,000.00 10,000.00 1,584.50 1,584.50 15.85 8,415.50 100-5480-40-01 Contracted Services 4,400.00 4,400.00 80.00 80.00 1.82 4,320.00 100-5520-40-01 Telephones 3,100.00 3,100.00 3,100.00 100-5525-40-01 Electricity 9,600.00 9,600.00 9,600.00 100-5526-40-01 Data Network 3,648.00 3,648.00 3,648.00 100-5530-40-01 Travel 5,000.00 5,000.00 5,000.00 100-5533-40-01 Mileage Expense 2,400.00 2,400.00 2,400.00 100-5536-40-01 Training/Seminars 12,860.00 12,860.00 12,860.00 100-5620-40-01 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-40-01 Safety Equipment 1,500.00 1,500.00 1,500.00 100-5640-40-01 Signs & Hardware 4,561.00 4,561.00 4,561.00 100-5110-40-02 Salaries & Wages 51,995.00 606.00 52,601.00 3,902.40 3,902.40 7.42 48,698.60 100-5115-40-02 Salaries - Overtime 828.00 828.00 828.00 100-5126-40-02 Salaries-Vacation Buy-Out 1,942.00 1,942.00 1,942.00 100-5140-40-02 Salaries - Longevity Pay 390.00 390.00 390.00 100-5145-40-02 Social Security Expense 3,421.00 3,421.00 208.66 208.66 6.10 3,212.34 100-5150-40-02 Medicare Expense 801.00 801.00 48.80 48.80 6.09 752.20 100-5155-40-02 SUTA Expense 171.00 171.00 171.00 100-5160-40-02 Health/Dental Insurance 4,944.00 4,944.00 666.50 666.50 13.48 4,277.50 100-5165-40-02 Dental Insurance 433.00 433.00 34.44 34.44 7.95 398.56 100-5170-40-02 Life Insurance 92.00 92.00 7.88 7.88 8.57 84.12 100-5175-40-02 Liability (TML)/Workers' Comp 248.00 248.00 248.00 100-5180-40-02 TMRS Expense 7,412.00 7,412.00 482.73 482.73 6.51 6,929.27 100-5185-40-02 Long Term/Short Term Disabilit 96.00 96.00 7.42 7.42 7.73 88.58 100-5210-40-02 Supplies 500.00 500.00 500.00 100-5230-40-02 Dues,Fees,& Subscriptions 370.00 370.00 370.00 100-5240-40-02 Postage and Delivery 375.00 375.00 17.27 17.27 4.61 357.73 100-5280-40-02 Printing and Reproduction 700.00 700.00 700.00 100-5350-40-02 Vehicle Expense 1,500.00 1,500.00 1,500.00 100-5352-40-02 Fuel 700.00 700.00 700.00 100-5353-40-02 Oil/Grease/Inspections 100.00 100.00 100.00 100-5400-40-02 Uniform Expense 200.00 200.00 200.00 100-5430-40-02 Legal Fees 500.00 500.00 500.00 100-5435-40-02 Legal Notices/Filings 400.00 400.00 400.00 100-5480-40-02 Contracted Services 116,340.00 116,340.00 116,340.00 100-5520-40-02 Telephones 255.00 255.00 255.00 100-5526-40-02 Data Network 456.00 456.00 456.00 100-5533-40-02 Mileage Expense 250.00 250.00 250.00 100-5536-40-02 Training/Seminars 390.00 390.00 390.00 100-5600-40-02 Special Events 250.00 250.00 250.00 100-5620-40-02 Tools & Equipment 200.00 200.00 200.00 100-5640-40-02 Signs & Hardware 1,600.00 1,600.00 1,600.00 100-5110-40-03 Salaries & Wages 285,036.00 4,975.00 290,011.00 21,564.68 21,564.68 7.44 268,446.32 100-5115-40-03 Salaries - Overtime 1,219.00 1,219.00 194.96 194.96 15.99 1,024.04 100-5126-40-03 Salaries-Vacation Buy-Out 6,502.00 6,502.00 6,502.00 100-5140-40-03 Salaries - Longevity Pay 995.00 995.00 995.00 100-5143-40-03 Cell Phone Allowance 2,520.00 2,520.00 210.00 210.00 8.33 2,310.00 100-5145-40-03 Social Security Expense 18,379.00 18,379.00 1,273.76 1,273.76 6.93 17,105.24 Item 4b 28 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5150-40-03 Medicare Expense 4,298.00 4,298.00 297.89 297.89 6.93 4,000.11 100-5155-40-03 SUTA Expense 684.00 684.00 684.00 100-5160-40-03 Health/Dental Insurance 36,214.00 36,214.00 2,559.70 2,559.70 7.07 33,654.30 100-5165-40-03 Dental Insurance 1,878.00 1,878.00 140.96 140.96 7.51 1,737.04 100-5170-40-03 Life Insurance 510.00 510.00 34.88 34.88 6.84 475.12 100-5175-40-03 Liability (TML)/Workers' Comp 889.00 889.00 13.47 13.47 1.52 875.53 100-5180-40-03 TMRS Expense 39,805.00 39,805.00 2,734.85 2,734.85 6.87 37,070.15 100-5185-40-03 Long Term/Short Term Disabilit 526.00 526.00 40.97 40.97 7.79 485.03 100-5186-40-03 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 139.16 139.16 7.73 1,660.84 100-5210-40-03 Supplies 4,000.00 4,000.00 4,000.00 100-5212-40-03 Building Supplies 1,000.00 1,000.00 1,000.00 100-5220-40-03 Office Equipment 3,600.00 3,600.00 3,600.00 100-5230-40-03 Dues,Fees,& Subscriptions 2,435.00 2,435.00 2,435.00 100-5240-40-03 Postage and Delivery 500.00 500.00 500.00 100-5280-40-03 Printing and Reproduction 300.00 300.00 300.00 100-5330-40-03 Copier Expense 900.00 900.00 900.00 100-5340-40-03 Building Repairs 500.00 500.00 500.00 100-5352-40-03 Fuel 200.00 200.00 200.00 100-5400-40-03 Uniform Expense 300.00 300.00 300.00 100-5410-40-03 Professional Services 80,710.00 80,710.00 80,710.00 100-5418-40-03 IT Fees 2,000.00 2,000.00 1,200.00 1,200.00 60.00 800.00 100-5430-40-03 Legal Fees 32,000.00 32,000.00 32,000.00 100-5435-40-03 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-03 Contracted Services 4,100.00 4,100.00 80.00 80.00 1.95 4,020.00 100-5526-40-03 Data Network 1,800.00 1,800.00 1,800.00 100-5530-40-03 Travel 3,860.00 3,860.00 3,860.00 100-5533-40-03 Mileage Expense 2,280.00 2,280.00 2,280.00 100-5536-40-03 Training/Seminars 3,600.00 3,600.00 3,600.00 100-5110-50-01 Salaries & Wages 156,768.00 4,259.00 161,027.00 12,256.66 12,256.66 7.61 148,770.34 100-5115-50-01 Salaries - Overtime 4,920.00 4,920.00 72.88 72.88 1.48 4,847.12 100-5140-50-01 Salaries - Longevity Pay 1,555.00 1,555.00 1,555.00 100-5145-50-01 Social Security Expense 10,133.00 10,133.00 703.93 703.93 6.95 9,429.07 100-5150-50-01 Medicare Expense 2,370.00 2,370.00 164.64 164.64 6.95 2,205.36 100-5155-50-01 SUTA Expense 513.00 513.00 513.00 100-5160-50-01 Health/Dental Insurance 26,890.00 26,890.00 1,784.36 1,784.36 6.64 25,105.64 100-5165-50-01 Dental Insurance 1,362.00 1,362.00 102.22 102.22 7.51 1,259.78 100-5170-50-01 Life Insurance 275.00 275.00 23.64 23.64 8.60 251.36 100-5175-50-01 Liability (TML)/Workers' Comp 7,519.00 7,519.00 1,225.62 1,225.62 16.30 6,293.38 100-5180-50-01 TMRS Expense 21,944.00 21,944.00 1,525.17 1,525.17 6.95 20,418.83 100-5185-50-01 Long Term/Short Term Disabilit 289.00 289.00 22.52 22.52 7.79 266.48 100-5210-50-01 Supplies 300.00 300.00 300.00 100-5220-50-01 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-50-01 Dues,Fees,& Subscriptions 500.00 500.00 500.00 100-5250-50-01 Publications 50.00 50.00 50.00 100-5310-50-01 Rental Expense 13,000.00 13,000.00 13,000.00 100-5320-50-01 Repairs & Maintenance 4,000.00 4,000.00 35.06 35.06 0.88 3,964.94 100-5321-50-01 Signal Light Repairs 16,400.00 16,400.00 16,400.00 100-5340-50-01 Building Repairs 2,500.00 2,500.00 2,500.00 100-5350-50-01 Vehicle Expense 6,500.00 6,500.00 6,500.00 100-5352-50-01 Fuel 3,600.00 3,600.00 3,600.00 100-5353-50-01 Oil/Grease/Inspections 200.00 200.00 200.00 100-5400-50-01 Uniform Expense 3,600.00 3,600.00 3,600.00 Item 4b 29 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5430-50-01 Legal Fees 4,000.00 4,000.00 4,000.00 100-5480-50-01 Contracted Services 212,652.00 212,652.00 212,652.00 100-5520-50-01 Telephones 1,780.00 1,780.00 1,780.00 100-5525-50-01 Electricity 177,388.00 177,388.00 - 0.83 - 0.83 177,388.83 100-5526-50-01 Data Network 100.00 100.00 100.00 100-5530-50-01 Travel 800.00 800.00 800.00 100-5536-50-01 Training/Seminars 1,400.00 1,400.00 1,400.00 100-5620-50-01 Tools & Equipment 3,000.00 3,000.00 3,000.00 100-5630-50-01 Safety Equipment 3,100.00 3,100.00 3,100.00 100-5640-50-01 Signs & Hardware 25,000.00 25,000.00 129.40 129.40 0.52 24,870.60 100-5650-50-01 Maintenance Materials 65,000.00 65,000.00 65,000.00 100-6110-50-01 Capital Expenditure 1,425,000.00 (975,000) 450,000.00 450,000.00 100-7100-50-01 Operating Transfer Out 1,265,000.00 975,000 2,240,000.00 105,416.67 105,416.67 8.33 2,134,583.33 100-5110-60-01 Salaries & Wages 246,641.00 2,638.00 249,279.00 12,387.49 12,387.49 4.97 236,891.51 100-5115-60-01 Salaries - Overtime 4,250.00 4,250.00 - 182.06 - 182.06 - 4.28 4,432.06 100-5126-60-01 Salaries-Vacation Buy-Out 3,059.00 3,059.00 3,059.00 100-5140-60-01 Salaries - Longevity Pay 550.00 550.00 550.00 100-5143-60-01 Cell Phone Allowance 360.00 360.00 80.00 80.00 22.22 280.00 100-5145-60-01 Social Security Expense 15,810.00 15,810.00 733.72 733.72 4.64 15,076.28 100-5150-60-01 Medicare Expense 3,698.00 3,698.00 171.59 171.59 4.64 3,526.41 100-5155-60-01 SUTA Expense 684.00 684.00 684.00 100-5160-60-01 Health/Dental Insurance 29,571.00 29,571.00 1,044.42 1,044.42 3.53 28,526.58 100-5165-60-01 Dental Insurance 1,860.00 1,860.00 99.88 99.88 5.37 1,760.12 100-5170-60-01 Life Insurance 368.00 368.00 23.64 23.64 6.42 344.36 100-5175-60-01 Liability (TML)/Workers' Comp 511.00 511.00 12.44 12.44 2.43 498.56 100-5180-60-01 TMRS Expense 34,242.00 34,242.00 1,530.74 1,530.74 4.47 32,711.26 100-5185-60-01 Long Term/Short Term Disabilit 455.00 455.00 23.54 23.54 5.17 431.46 100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 89.16 89.16 4.95 1,710.84 100-5210-60-01 Supplies 3,005.00 3,005.00 3,005.00 100-5212-60-01 Building Supplies 650.00 650.00 650.00 100-5220-60-01 Office Equipment 4,910.00 4,910.00 4,910.00 100-5230-60-01 Dues,Fees,& Subscriptions 2,944.00 2,944.00 2,944.00 100-5240-60-01 Postage and Delivery 1.15 1.15 - 1.15 100-5330-60-01 Copier Expense 2,060.00 2,060.00 2,060.00 100-5400-60-01 Uniform Expense 400.00 400.00 400.00 100-5410-60-01 Professional Services 68,760.00 68,760.00 68,760.00 100-5418-60-01 IT Fees 1,780.00 1,780.00 1,780.00 100-5430-60-01 Legal Fees 5,000.00 5,000.00 5,000.00 100-5480-60-01 Contracted Services 1,600.00 1,600.00 60.00 60.00 3.75 1,540.00 100-5520-60-01 Telephones 2,693.00 2,693.00 2,693.00 100-5530-60-01 Travel 4,400.00 4,400.00 4,400.00 100-5533-60-01 Mileage Expense 2,400.00 2,400.00 2,400.00 100-5536-60-01 Training/Seminars 8,860.00 8,860.00 8,860.00 100-5110-60-02 Salaries & Wages 573,696.00 11,170.00 584,866.00 42,072.65 42,072.65 7.19 542,793.35 100-5115-60-02 Salaries - Overtime 14,708.00 14,708.00 568.57 568.57 3.87 14,139.43 100-5126-60-02 Salaries-Vacation Buy-Out 6,000.00 6,000.00 6,000.00 100-5140-60-02 Salaries - Longevity Pay 2,880.00 2,880.00 2,880.00 100-5143-60-02 Cell Phone Allowance 2,520.00 2,520.00 185.00 185.00 7.34 2,335.00 100-5145-60-02 Social Security Expense 36,840.00 36,840.00 2,413.34 2,413.34 6.55 34,426.66 100-5150-60-02 Medicare Expense 8,615.00 8,615.00 564.43 564.43 6.55 8,050.57 100-5155-60-02 SUTA Expense 2,565.00 2,565.00 2,565.00 100-5160-60-02 Health/Dental Insurance 127,280.00 127,280.00 8,194.64 8,194.64 6.44 119,085.36 Item 4b 30 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5165-60-02 Dental Insurance 5,769.00 5,769.00 389.12 389.12 6.75 5,379.88 100-5170-60-02 Life Insurance 1,267.00 1,267.00 102.44 102.44 8.09 1,164.56 100-5175-60-02 Liability (TML)/Workers' Comp 10,648.00 10,648.00 1,564.43 1,564.43 14.69 9,083.57 100-5180-60-02 TMRS Expense 79,804.00 79,804.00 5,351.93 5,351.93 6.71 74,452.07 100-5185-60-02 Long Term/Short Term Disabilit 1,061.00 1,061.00 74.87 74.87 7.06 986.13 100-5186-60-02 WELLE-Wellness Prog Reimb Empl 5,700.00 5,700.00 439.16 439.16 7.71 5,260.84 100-5191-60-02 Hiring Cost 200.00 200.00 200.00 100-5212-60-02 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-60-02 Office Equipment 1,650.00 1,650.00 1,650.00 100-5230-60-02 Dues,Fees,& Subscriptions 2,536.00 2,536.00 2,536.00 100-5310-60-02 Rental Expense 27,000.00 27,000.00 2,040.00 2,040.00 22,440.00 7.56 2,520.00 100-5320-60-02 Repairs & Maintenance 292,745.00 - 101,030.00 191,715.00 1,116.24 1,116.24 0.58 190,598.76 100-5322-60-02 Irrigation Repairs 12,200.00 12,200.00 4,535.00 4,535.00 37.17 7,665.00 100-5323-60-02 Field Maintenance 50,150.00 50,150.00 1,280.00 1,280.00 2.55 48,870.00 100-5330-60-02 Copier Expense 237.00 237.00 237.00 100-5350-60-02 Vehicle Expense 4,500.00 4,500.00 4,500.00 100-5352-60-02 Fuel 13,920.00 13,920.00 13,920.00 100-5353-60-02 Oil/Grease/Inspections 1,290.00 1,290.00 1,290.00 100-5355-60-02 Chemicals/Fertilizer 38,680.00 38,680.00 3,334.13 3,334.13 8.62 35,345.87 100-5400-60-02 Uniform Expense 8,940.00 8,940.00 8,940.00 100-5418-60-02 IT Fees 3,195.00 3,195.00 3,195.00 100-5480-60-02 Contracted Services 358,052.00 358,052.00 136,977.35 221,074.65 100-5520-60-02 Telephones 4,165.00 4,165.00 4,165.00 100-5525-60-02 Electricity 160,000.00 160,000.00 160,000.00 100-5530-60-02 Travel 2,305.00 2,305.00 2,305.00 100-5533-60-02 Mileage Expense 105.00 105.00 105.00 100-5536-60-02 Training/Seminars 1,650.00 1,650.00 1,650.00 100-5620-60-02 Tools & Equipment 1,850.00 1,850.00 1,450.00 1,450.00 78.38 400.00 100-5630-60-02 Safety Equipment 1,190.00 1,190.00 199.98 199.98 16.81 990.02 100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 6,200.00 100-6120-60-02 Capital Expenditure-Park Impr 120,900.00 120,900.00 120,900.00 100-6140-60-02 Capital Expenditure - Equipmen 15,200.00 15,200.00 15,200.00 100-6160-60-02 Capital Expenditure - Vehicles 38,500.00 38,500.00 38,500.00 100-5110-60-03 Salaries & Wages 45,895.00 1,070.00 46,965.00 3,461.80 3,461.80 7.37 43,503.20 100-5140-60-03 Salaries - Longevity Pay 170.00 170.00 170.00 100-5145-60-03 Social Security Expense 2,856.00 2,856.00 182.15 182.15 6.38 2,673.85 100-5150-60-03 Medicare Expense 668.00 668.00 42.60 42.60 6.38 625.40 100-5155-60-03 SUTA Expense 171.00 171.00 171.00 100-5170-60-03 Life Insurance 92.00 92.00 7.88 7.88 8.57 84.12 100-5175-60-03 Liability (TML)/Workers' Comp 94.00 94.00 3.46 3.46 3.68 90.54 100-5180-60-03 TMRS Expense 6,186.00 6,186.00 428.22 428.22 6.92 5,757.78 100-5185-60-03 Long Term/Short Term Disabilit 84.00 84.00 6.58 6.58 7.83 77.42 100-5240-60-03 Postage and Delivery 1,800.00 1,800.00 1,800.00 100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00 100-5280-60-03 Printing and Reproduction 2,000.00 2,000.00 2,000.00 100-5475-60-03 Credit Card Fees 1,500.00 1,500.00 151.58 151.58 10.11 1,348.42 100-5600-60-03 Special Events 28,725.00 28,725.00 28,725.00 100-5995-60-03 Recreation Activities 28,000.00 28,000.00 135.00 135.00 0.48 27,865.00 100-5110-60-05 Salaries & Wages 126,783.00 3,305.00 130,088.00 8,968.71 8,968.71 6.89 121,119.29 100-5140-60-05 Salaries - Longevity Pay 150.00 150.00 150.00 100-5145-60-05 Social Security Expense 7,870.00 7,870.00 556.39 556.39 7.07 7,313.61 100-5150-60-05 Medicare Expense 1,841.00 1,841.00 130.12 130.12 7.07 1,710.88 Item 4b 31 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5155-60-05 SUTA Expense 684.00 684.00 9.76 9.76 1.43 674.24 100-5160-60-05 Health/Dental Insurance 2.37 2.37 - 2.37 100-5165-60-05 Dental Insurance 0.19 0.19 - 0.19 100-5170-60-05 Life Insurance 92.00 92.00 7.93 7.93 8.62 84.07 100-5175-60-05 Liability (TML)/Workers' Comp 268.00 268.00 9.53 9.53 3.56 258.47 100-5180-60-05 TMRS Expense 13,843.00 13,843.00 876.60 876.60 6.33 12,966.40 100-5185-60-05 Long Term/Short Term Disabilit 172.00 172.00 13.44 13.44 7.81 158.56 100-5210-60-05 Supplies 4,500.00 4,500.00 4,500.00 100-5212-60-05 Building Supplies 100.00 100.00 100.00 100-5220-60-05 Office Equipment 3,200.00 3,200.00 2,724.31 475.69 100-5230-60-05 Dues,Fees,& Subscriptions 3,000.00 3,000.00 35.00 35.00 1.17 2,965.00 100-5240-60-05 Postage and Delivery 400.00 400.00 7.44 7.44 1.86 392.56 100-5260-60-05 Advertising 600.00 600.00 600.00 100-5280-60-05 Printing and Reproduction 100.00 100.00 100.00 100-5281-60-05 Book Purchases 24,517.00 24,517.00 17,000.00 7,517.00 100-5282-60-05 DVD Purchases 1,000.00 1,000.00 1,000.00 100-5283-60-05 Audiobook Purchases 800.00 800.00 800.00 100-5284-60-05 Other Collection Item Purchase 500.00 500.00 500.00 100-5330-60-05 Copier Expense 900.00 900.00 900.00 100-5400-60-05 Uniform Expense 300.00 300.00 300.00 100-5430-60-05 Legal Fees 200.00 200.00 200.00 100-5480-60-05 Contracted Services 6,500.00 6,500.00 6,500.00 100-5520-60-05 Telephones 1,980.00 1,980.00 1,980.00 100-5530-60-05 Travel 3,000.00 3,000.00 3,000.00 100-5533-60-05 Mileage Expense 1,000.00 1,000.00 1,000.00 100-5536-60-05 Training/Seminars 2,000.00 2,000.00 2,000.00 100-5600-60-05 Special Events 1,000.00 1,000.00 1,000.00 100-5110-98-01 Salaries & Wages 552,801.00 4,380.00 557,181.00 33,197.50 33,197.50 5.96 523,983.50 100-5115-98-01 Salaries - Overtime 1,200.00 1,200.00 26.62 26.62 2.22 1,173.38 100-5126-98-01 Salaries-Vacation Buy-Out 12,007.00 12,007.00 12,007.00 100-5140-98-01 Salaries - Longevity Pay 1,350.00 1,350.00 1,350.00 100-5143-98-01 Cell Phone Allowance 900.00 900.00 900.00 100-5145-98-01 Social Security Expense 35,238.00 35,238.00 1,875.87 1,875.87 5.32 33,362.13 100-5150-98-01 Medicare Expense 8,241.00 8,241.00 438.72 438.72 5.32 7,802.28 100-5155-98-01 SUTA Expense 1,026.00 1,026.00 1,026.00 100-5160-98-01 Health/Dental Insurance 63,097.00 63,097.00 3,682.42 3,682.42 5.84 59,414.58 100-5165-98-01 Dental Insurance 2,918.00 2,918.00 149.36 149.36 5.12 2,768.64 100-5170-98-01 Life Insurance 733.00 733.00 46.54 46.54 6.35 686.46 100-5175-98-01 Liability (TML)/Workers' Comp 1,497.00 1,497.00 31.65 31.65 2.11 1,465.35 100-5180-98-01 TMRS Expense 76,324.00 76,324.00 4,122.17 4,122.17 5.40 72,201.83 100-5185-98-01 Long Term/Short Term Disabilit 1,020.00 1,020.00 63.06 63.06 6.18 956.94 100-5186-98-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 100.00 100.00 5.56 1,700.00 100-5210-98-01 Supplies 1,950.00 1,950.00 1,950.00 100-5212-98-01 Building Supplies 350.00 350.00 350.00 100-5220-98-01 Office Equipment 2,602.00 2,602.00 2,602.00 100-5230-98-01 Dues,Fees,& Subscriptions 1,560.00 1,560.00 1,560.00 100-5240-98-01 Postage and Delivery 260.00 260.00 260.00 100-5330-98-01 Copier Expense 880.00 880.00 880.00 100-5350-98-01 Vehicle Expense 275.00 275.00 275.00 100-5352-98-01 Fuel 1,000.00 1,000.00 1,000.00 100-5400-98-01 Uniform Expense 500.00 500.00 500.00 100-5410-98-01 Professional Services 35,000.00 35,000.00 35,000.00 Item 4b 32 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5419-98-01 IT Licenses 950.00 950.00 950.00 100-5430-98-01 Legal Fees 7,700.00 7,700.00 7,700.00 100-5435-98-01 Legal Notices/Filings 2,000.00 2,000.00 2,000.00 100-5480-98-01 Contracted Services 60.00 60.00 - 60.00 100-5520-98-01 Telephones 3,308.00 3,308.00 3,308.00 100-5524-98-01 Gas 1,000.00 1,000.00 1,000.00 100-5530-98-01 Travel 4,200.00 4,200.00 4,200.00 100-5533-98-01 Mileage Expense 1,400.00 1,400.00 1,400.00 100-5536-98-01 Training/Seminars 4,880.00 4,880.00 4,880.00 200-4000-10-08 W/S Service Initiation - 69,870.00 - 69,870.00 - 4,615.00 - 4,615.00 6.61 - 65,255.00 200-4007-10-08 Sanitation - 1,376,796.00 - 1,376,796.00 - 97,122.76 - 97,122.76 7.05 - 1,279,673.24 200-4009-10-08 Late Fee-W/S - 94,500.00 - 94,500.00 - 13,311.36 - 13,311.36 14.09 - 81,188.64 200-4995-10-99 TRANSFER IN/OUT - 75,563.00 - 75,563.00 - 6,296.92 - 6,296.92 8.33 - 69,266.08 200-4005-50-02 Water Revenue - 7,090,107.00 - 7,090,107.00 - 694,392.13 - 694,392.13 9.79 - 6,395,714.87 200-4010-50-02 Connection Tap & Construction - 880,000.00 - 880,000.00 - 62,975.00 - 62,975.00 7.16 - 817,025.00 200-4012-50-02 Saturday Inspection Fee - 11,000.00 - 11,000.00 - 900.00 - 900.00 8.18 - 10,100.00 200-4018-50-02 Internet Cr. Card Fees - 31,460.00 - 31,460.00 - 4,143.87 - 4,143.87 13.17 - 27,316.13 200-4019-50-02 Cr. Card Pmt Fees - 7,535.00 - 7,535.00 - 1,049.88 - 1,049.88 13.93 - 6,485.12 200-4060-50-02 NSF Fees - 1,575.00 - 1,575.00 - 150.00 - 150.00 9.52 - 1,425.00 200-4242-50-02 Re-Inspection Fees - 3,630.00 - 3,630.00 - 3,630.00 200-4243-50-02 Backflow Prevention Inspection - 18,700.00 - 18,700.00 - 2,925.00 - 2,925.00 15.64 - 15,775.00 200-4610-50-02 Interest Income - 29,500.00 - 29,500.00 - 5,722.45 - 5,722.45 19.40 - 23,777.55 200-4910-50-02 Other Revenue - 104,500.00 - 104,500.00 - 10,861.61 - 10,861.61 10.39 - 93,638.39 200-4006-50-03 Sewer - 3,236,000.00 - 3,236,000.00 - 295,426.50 - 295,426.50 9.13 - 2,940,573.50 200-4010-50-03 Connection Tap & Construction - 308,000.00 - 308,000.00 - 22,600.00 - 22,600.00 7.34 - 285,400.00 200-5110-10-08 Salaries & Wages 138,778.00 4,554.00 143,332.00 10,510.06 10,510.06 7.33 132,821.94 200-5115-10-08 Salaries - Overtime 3,528.00 3,528.00 24.11 24.11 0.68 3,503.89 200-5140-10-08 Salaries - Longevity Pay 850.00 850.00 850.00 200-5145-10-08 Social Security Expense 8,884.00 8,884.00 620.22 620.22 6.98 8,263.78 200-5150-10-08 Medicare Expense 2,078.00 2,078.00 145.05 145.05 6.98 1,932.95 200-5155-10-08 SUTA Expense 513.00 513.00 513.00 200-5160-10-08 Health/Dental Insurance 17,875.00 17,875.00 1,411.38 1,411.38 7.90 16,463.62 200-5165-10-08 Dental Insurance 1,356.00 1,356.00 103.78 103.78 7.65 1,252.22 200-5170-10-08 Life Insurance 276.00 276.00 23.64 23.64 8.57 252.36 200-5175-10-08 Liability (TML)/Workers' Comp 285.00 285.00 10.61 10.61 3.72 274.39 200-5180-10-08 TMRS Expense 19,240.00 19,240.00 1,315.45 1,315.45 6.84 17,924.55 200-5185-10-08 Long Term/Short Term Disabilit 256.00 256.00 19.96 19.96 7.80 236.04 200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,200.00 1,200.00 100.00 100.00 8.33 1,100.00 200-5210-10-08 Supplies 2,000.00 2,000.00 2,000.00 200-5212-10-08 Building Supplies 1,250.00 1,250.00 1,250.00 200-5220-10-08 Office Equipment 1,000.00 1,000.00 1,000.00 200-5240-10-08 Postage and Delivery 43,000.00 43,000.00 165.54 165.54 0.39 42,834.46 200-5280-10-08 Printing and Reproduction 3,420.00 3,420.00 3,420.00 200-5330-10-08 Copier Expense 2,350.00 2,350.00 2,350.00 200-5340-10-08 Building Repairs 400.00 400.00 400.00 200-5400-10-08 Uniform Expense 200.00 200.00 200.00 200-5418-10-08 IT Fees 4,000.00 4,000.00 4,000.00 200-5419-10-08 IT Licenses 5,000.00 5,000.00 5,000.00 200-5430-10-08 Legal Fees 2,500.00 2,500.00 2,500.00 200-5470-10-08 Trash Collection 1,286,725.00 1,286,725.00 1,286,725.00 200-5479-10-08 Household Haz. Waste Disposal 12,600.00 12,600.00 12,600.00 200-5480-10-08 Contracted Services 16,925.00 16,925.00 16,925.00 Item 4b 33 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5520-10-08 Telephones 720.00 720.00 720.00 200-5530-10-08 Travel 1,600.00 1,600.00 1,600.00 200-5533-10-08 Mileage Expense 300.00 300.00 300.00 200-5536-10-08 Training/Seminars 1,075.00 1,075.00 1,075.00 200-5110-10-99 SALARIES & WAGES 25,118.00 - 25,118.00 200-5176-10-99 TML-Prop & Liab Insurance 38,500.00 38,500.00 36,343.84 36,343.84 94.40 2,156.16 200-6125-10-99 Capital Expense Technology 11,026.00 11,026.00 918.83 918.83 8.33 10,107.17 200-6140-10-99 Capital Expenditure - Equipmen 10,126.00 10,126.00 843.83 843.83 8.33 9,282.17 200-6160-10-99 Capital Expenditure - Vehicles 36,471.00 36,471.00 3,039.25 3,039.25 8.33 33,431.75 200-6186-10-99 2013 Bond Payment 389,500.00 389,500.00 389,500.00 200-6192-10-99 2011 Refd Bond Pmt 185,410.00 185,410.00 185,410.00 200-6193-10-99 2012 CO Bond Payment 486,250.00 486,250.00 486,250.00 200-6199-10-99 08 CO Bond Payment 63,575.00 63,575.00 63,575.00 200-6201-10-99 2014 GO Bond Payment 485,850.00 485,850.00 485,850.00 200-6202-10-99 2014 CO Bond Payment 923,450.00 923,450.00 923,450.00 200-6203-10-99 2015 GO Debt payment 164,326.00 164,326.00 164,326.00 200-6205-10-99 2016 Bond 357,992.00 357,992.00 357,992.00 200-7000-10-99 Contingency 50,000.00 50,000.00 50,000.00 200-7147-10-99 Transfer to GF 1,072,800.00 1,072,800.00 89,400.00 89,400.00 8.33 983,400.00 200-5110-50-02 Salaries & Wages 828,991.00 17,688.00 846,679.00 55,527.66 55,527.66 6.56 791,151.34 200-5115-50-02 Salaries - Overtime 46,183.00 46,183.00 2,957.49 2,957.49 6.40 43,225.51 200-5126-50-02 Salaries-Vacation Buy-Out 2,103.00 2,103.00 2,103.00 200-5140-50-02 Salaries - Longevity Pay 3,550.00 3,550.00 3,550.00 200-5145-50-02 Social Security Expense 54,746.00 54,746.00 3,381.16 3,381.16 6.18 51,364.84 200-5150-50-02 Medicare Expense 12,803.00 12,803.00 790.76 790.76 6.18 12,012.24 200-5155-50-02 SUTA Expense 2,907.00 2,907.00 2,907.00 200-5160-50-02 Health/Dental Insurance 120,690.00 120,690.00 7,756.97 7,756.97 6.43 112,933.03 200-5165-50-02 Dental Insurance 7,430.00 7,430.00 444.50 444.50 5.98 6,985.50 200-5170-50-02 Life Insurance 1,499.00 1,499.00 116.76 116.76 7.79 1,382.24 200-5175-50-02 Liability (TML)/Workers' Comp 20,530.00 20,530.00 3,095.80 3,095.80 15.08 17,434.20 200-5180-50-02 TMRS Expense 118,586.00 118,586.00 7,284.09 7,284.09 6.14 111,301.91 200-5185-50-02 Long Term/Short Term Disabilit 1,475.00 1,475.00 104.28 104.28 7.07 1,370.72 200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 6,300.00 6,300.00 400.00 400.00 6.35 5,900.00 200-5191-50-02 Hiring Cost 300.00 300.00 300.00 200-5210-50-02 Supplies 5,750.00 5,750.00 5,750.00 200-5212-50-02 Building Supplies 1,500.00 1,500.00 1,500.00 200-5220-50-02 Office Equipment 8,100.00 8,100.00 1,815.55 6,284.45 200-5230-50-02 Dues,Fees,& Subscriptions 7,200.00 7,200.00 7,200.00 200-5240-50-02 Postage and Delivery 1,000.00 1,000.00 1,000.00 200-5250-50-02 Publications 50.00 50.00 50.00 200-5280-50-02 Printing and Reproduction 13,000.00 13,000.00 13,000.00 200-5310-50-02 Rental Expense 3,000.00 3,000.00 3,000.00 200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 263.77 263.77 7.33 3,336.23 200-5330-50-02 Copier Expense 1,400.00 1,400.00 1,400.00 200-5340-50-02 Building Repairs 5,000.00 5,000.00 5,000.00 200-5350-50-02 Vehicle Expense 18,000.00 18,000.00 784.87 784.87 4.36 17,215.13 200-5352-50-02 Fuel 14,450.00 14,450.00 14,450.00 200-5353-50-02 Oil/Grease/Inspections 1,000.00 1,000.00 1,000.00 200-5400-50-02 Uniform Expense 17,300.00 17,300.00 17,300.00 200-5415-50-02 Tuition Reimbursement 9,200.00 9,200.00 9,200.00 200-5419-50-02 IT Licenses 18,000.00 18,000.00 18,000.00 200-5430-50-02 Legal Fees 1,000.00 1,000.00 1,000.00 Item 4b 34 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5475-50-02 Credit Card Fees 32,000.00 32,000.00 6,214.50 6,214.50 19.42 25,785.50 200-5480-50-02 Contracted Services 50,000.00 50,000.00 1,094.00 1,094.00 2.19 48,906.00 200-5520-50-02 Telephones 7,565.00 7,565.00 7,565.00 200-5521-50-02 Cell Phone Expense 2,550.00 2,550.00 2,550.00 200-5524-50-02 Gas 1,000.00 1,000.00 1,000.00 200-5525-50-02 Electricity 185,280.00 185,280.00 185,280.00 200-5526-50-02 Data Network 4,320.00 4,320.00 4,320.00 200-5530-50-02 Travel 2,300.00 2,300.00 2,300.00 200-5533-50-02 Mileage Expense 1,000.00 1,000.00 1,000.00 200-5536-50-02 Training/Seminars 16,200.00 16,200.00 16,200.00 200-5540-50-02 Water Testing 4,000.00 4,000.00 4,000.00 200-5545-50-02 Meter Purchases 445,987.00 445,987.00 445,987.00 200-5550-50-02 Water Purchases 2,748,305.00 2,748,305.00 2,748,305.00 200-5620-50-02 Tools & Equipment 10,000.00 10,000.00 10,000.00 200-5630-50-02 Safety Equipment 10,000.00 10,000.00 10,000.00 200-5640-50-02 Signs & Hardware 1,612.00 1,612.00 1,612.00 200-5650-50-02 Maintenance Materials 15,000.00 15,000.00 346.40 346.40 2.31 14,653.60 200-5660-50-02 Chemical Supplies 10,000.00 10,000.00 1,786.39 1,786.39 17.86 8,213.61 200-5670-50-02 System Improvements 78,950.00 78,950.00 7,496.55 7,496.55 9.50 71,453.45 200-6160-50-02 Capital Expenditure - Vehicles 77,000.00 77,000.00 77,000.00 200-7143-50-02 Transfer to Internal Serv. Fd 2,160.00 2,160.00 180.00 180.00 8.33 1,980.00 200-7146-50-02 Transfer from Bond Fund 250,000.00 250,000.00 20,833.33 20,833.33 8.33 229,166.67 200-5110-50-03 Salaries & Wages 248,390.00 2,876.00 251,266.00 9,587.22 9,587.22 3.82 241,678.78 200-5115-50-03 Salaries - Overtime 11,329.00 11,329.00 1,438.89 1,438.89 12.70 9,890.11 200-5140-50-03 Salaries - Longevity Pay 1,295.00 1,295.00 1,295.00 200-5145-50-03 Social Security Expense 16,199.00 16,199.00 638.56 638.56 3.94 15,560.44 200-5150-50-03 Medicare Expense 3,788.00 3,788.00 149.34 149.34 3.94 3,638.66 200-5155-50-03 SUTA Expense 1,197.00 1,197.00 1,197.00 200-5160-50-03 Health/Dental Insurance 43,829.00 43,829.00 1,950.15 1,950.15 4.45 41,878.85 200-5165-50-03 Dental Insurance 2,685.00 2,685.00 106.10 106.10 3.95 2,578.90 200-5170-50-03 Life Insurance 476.00 476.00 25.08 25.08 5.27 450.92 200-5175-50-03 Liability (TML)/Workers' Comp 5,283.00 5,283.00 488.80 488.80 9.25 4,794.20 200-5180-50-03 TMRS Expense 35,107.00 35,107.00 1,374.95 1,374.95 3.92 33,732.05 200-5185-50-03 Long Term/Short Term Disabilit 471.00 471.00 17.43 17.43 3.70 453.57 200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 2,550.00 2,550.00 89.16 89.16 3.50 2,460.84 200-5191-50-03 Hiring Cost 300.00 300.00 300.00 200-5210-50-03 Supplies 3,550.00 3,550.00 3,550.00 200-5212-50-03 Building Supplies 600.00 600.00 600.00 200-5220-50-03 Office Equipment 3,500.00 3,500.00 3,500.00 200-5230-50-03 Dues,Fees,& Subscriptions 1,500.00 1,500.00 1,500.00 200-5310-50-03 Rental Expense 500.00 500.00 500.00 200-5320-50-03 Repairs & Maintenance 3,400.00 3,400.00 3,400.00 200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00 200-5340-50-03 Building Repairs 1,000.00 1,000.00 1,000.00 200-5350-50-03 Vehicle Expense 8,200.00 8,200.00 4.48 4.48 0.06 8,195.52 200-5352-50-03 Fuel 3,300.00 3,300.00 3,300.00 200-5353-50-03 Oil/Grease/Inspections 300.00 300.00 300.00 200-5400-50-03 Uniform Expense 7,300.00 7,300.00 7,300.00 200-5418-50-03 IT Fees 10,000.00 10,000.00 10,000.00 200-5419-50-03 IT Licenses 14,000.00 14,000.00 14,000.00 200-5430-50-03 Legal Fees 500.00 500.00 500.00 200-5480-50-03 Contracted Services 57,320.00 57,320.00 2,310.00 2,310.00 4.03 55,010.00 Item 4b 35 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5520-50-03 Telephones 2,115.00 2,115.00 2,115.00 200-5521-50-03 Cell Phone Expense 1,700.00 1,700.00 1,700.00 200-5525-50-03 Electricity 50,000.00 50,000.00 50,000.00 200-5530-50-03 Travel 1,100.00 1,100.00 1,100.00 200-5533-50-03 Mileage Expense 500.00 500.00 500.00 200-5536-50-03 Training/Seminars 9,800.00 9,800.00 9,800.00 200-5560-50-03 Sewer Management Fees 1,770,668.00 1,770,668.00 248,043.00 248,043.00 14.01 1,522,625.00 200-5620-50-03 Tools & Equipment 8,200.00 8,200.00 66.03 66.03 0.81 8,133.97 200-5630-50-03 Safety Equipment 5,000.00 5,000.00 5,000.00 200-5640-50-03 Signs & Hardware 250.00 250.00 250.00 200-5650-50-03 Maintenance Materials 1,000.00 1,000.00 1,000.00 200-5660-50-03 Chemical Supplies 1,000.00 1,000.00 1,000.00 200-5670-50-03 System Improvements 12,000.00 12,000.00 2,700.00 2,700.00 22.50 9,300.00 200-5680-50-03 Lift Station Expense 30,000.00 30,000.00 1,400.00 1,400.00 4.67 28,600.00 200-6160-50-03 Capital Expenditure - Vehicles 61,000.00 61,000.00 61,000.00 200-7146-50-03 Transfer to CIP Fund 150,000.00 150,000.00 12,500.00 12,500.00 8.33 137,500.00 300-4105-10-00 Property Taxes -Delinquent - 73,828.00 - 73,828.00 - 8,177.64 - 8,177.64 11.08 - 65,650.36 300-4110-10-00 Property Taxes -Current - 4,086,721.00 - 4,086,721.00 - 41,584.62 - 41,584.62 1.02 - 4,045,136.38 300-4115-10-00 Taxes -Penalties - 21,439.00 - 21,439.00 - 2,245.03 - 2,245.03 10.47 - 19,193.97 300-4610-10-00 Interest Income - 18,000.00 - 18,000.00 - 1,099.16 - 1,099.16 6.11 - 16,900.84 300-6186-10-00 2013 GO Ref Bond 286,200.00 286,200.00 286,200.00 300-6189-10-00 2012 GO TX Bond Payment 282,263.00 282,263.00 282,263.00 300-6191-10-00 2010 Tax Note Payment 368,376.00 368,376.00 368,376.00 300-6192-10-00 2011 Ref Bond Pmt 118,541.00 118,541.00 118,541.00 300-6199-10-00 2008 Bond Payment 572,175.00 572,175.00 572,175.00 300-6200-10-00 Bond Administrative Fees 21,000.00 21,000.00 800.00 800.00 3.81 20,200.00 300-6201-10-00 2014 GO Debt payment 372,750.00 372,750.00 372,750.00 300-6203-10-00 2015 GO Debt Payment 659,374.00 659,374.00 659,374.00 300-6204-10-00 2015 CO Debt Payment 374,800.00 374,800.00 374,800.00 300-6205-10-00 2016 GO Debt Payment 598,848.00 598,848.00 598,848.00 300-6206-10-00 2016 CO Debt Payment 528,483.00 528,483.00 528,483.00 400-4100-10-00 Charges for Services - 20,000.00 - 20,000.00 - 1,980.00 - 1,980.00 9.90 - 18,020.00 400-4610-10-00 Interest Earned - 700.00 - 700.00 - 70.21 - 70.21 10.03 - 629.79 400-4995-10-00 Transfer In - 2,400.00 - 2,400.00 - 200.00 - 200.00 8.33 - 2,200.00 400-5160-10-00 MERP Expense - GF 40,000.00 40,000.00 1,010.00 1,010.00 2.53 38,990.00 410-4100-10-99 Charges for Services - 500,781.00 - 500,781.00 - 41,731.74 - 41,731.74 8.33 - 459,049.26 410-4610-10-99 Interest - 1,493.02 - 1,493.02 1,493.02 410-4910-10-99 Other Reimbursements - 18,000.00 - 18,000.00 - 18,000.00 410-6125-10-02 Capital-Equipment (Technology) 2,250.00 2,250.00 2,250.00 410-6125-10-03 Capital-Equipment (Technology) 1,400.00 1,400.00 1,400.00 410-6125-10-04 Capital-Equipment (Technology) 1,400.00 1,400.00 1,400.00 410-6125-10-05 Capital-Equipment (Technology) 5,000.00 5,000.00 5,000.00 410-6125-10-07 Capital-Equipment (Technology) 1,400.00 1,400.00 1,400.00 410-6125-20-01 Capital-Equipment (Technology) 3,950.00 3,950.00 3,950.00 410-6160-20-01 Capital-Vehicles 178,850.00 178,850.00 178,850.00 410-6125-20-05 Capital-Equipment (Technology) 1,700.00 1,700.00 1,700.00 410-6125-30-01 Capital-Equipment (Technology) 3,400.00 3,400.00 3,400.00 410-6125-30-05 Capital-Equipment (Technology) 850.00 850.00 850.00 410-6125-40-01 Capital-Equipment (Technology) 3,100.00 3,100.00 3,100.00 410-6125-50-02 Capital-Equipment (Technology) 3,650.00 3,650.00 3,650.00 410-6125-50-03 Capital-Equipment (Technology) 850.00 850.00 850.00 410-6125-60-01 Capital-Equipment(Technology) 1,400.00 1,400.00 1,400.00 Item 4b 36 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 410-6160-60-02 Capital-vehicles 25,710.00 25,710.00 25,710.00 450-4001-98-02 Storm Drainage Utility Fee - 344,725.00 - 344,725.00 - 28,025.98 - 28,025.98 8.13 - 316,699.02 450-4610-98-02 Interest Storm Utility - 900.00 - 900.00 - 57.43 - 57.43 6.38 - 842.57 450-5110-98-02 Salaries 106,743.00 106,743.00 7,897.65 7,897.65 7.40 98,845.35 450-5115-98-02 Salaries-Overtime 3,004.00 3,004.00 3,004.00 450-5140-98-02 Salaries-Longevity Pay 60.00 60.00 60.00 450-5145-98-02 Social Security Expense 6,664.00 6,664.00 462.28 462.28 6.94 6,201.72 450-5150-98-02 Medicare Expense 1,559.00 1,559.00 108.12 108.12 6.94 1,450.88 450-5155-98-02 SUTA Expense 342.00 342.00 342.00 450-5160-98-02 Health Insurance 12,200.00 12,200.00 572.06 572.06 4.69 11,627.94 450-5165-98-02 Dental Expense 865.00 865.00 39.72 39.72 4.59 825.28 450-5170-98-02 Life Ins/AD&D 184.00 184.00 15.76 15.76 8.57 168.24 450-5175-98-02 Liability (TML) Workers Comp 3,119.00 3,119.00 321.89 321.89 10.32 2,797.11 450-5180-98-02 TMRS Expense 14,431.00 14,431.00 976.94 976.94 6.77 13,454.06 450-5185-98-02 Long Tern/Short Term Disabilit 192.00 192.00 14.81 14.81 7.71 177.19 450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 600.00 450-5210-98-02 Office Supplies 400.00 400.00 400.00 450-5230-98-02 Dues, Fees, & Subscriptions 4,600.00 4,600.00 4,600.00 450-5310-98-02 Rental Expense 2,500.00 2,500.00 2,500.00 450-5320-98-02 Repairs & Maiantenance 800.00 800.00 800.00 450-5340-98-02 Building Repairs 500.00 500.00 500.00 450-5350-98-02 Vehicle Expense 1,500.00 1,500.00 1,500.00 450-5352-98-02 Fuel 2,000.00 2,000.00 2,000.00 450-5353-98-02 Oil/Grease/Inspections 100.00 100.00 100.00 450-5400-98-02 Uniforms 1,500.00 1,500.00 1,500.00 450-5410-98-02 Professional Services-Storm Dr 2,500.00 2,500.00 2,500.00 450-5520-98-02 Telephones 852.00 852.00 852.00 450-5530-98-02 Travel/Lodging/Meals Expense 1,050.00 1,050.00 1,050.00 450-5536-98-02 Training/Seminars 2,130.00 2,130.00 2,130.00 450-5620-98-02 Toosl & Equipment 2,200.00 2,200.00 2,200.00 450-5630-98-02 Safety Equipment 1,700.00 1,700.00 1,700.00 450-5640-98-02 Signs & Hardware 600.00 600.00 600.00 450-5650-98-02 Maintenance Materials 4,000.00 4,000.00 4,000.00 450-6205-98-02 2016 Debt Payment 92,148.00 92,148.00 92,148.00 450-7142-98-02 Transfer to W/S 75,563.00 75,563.00 6,296.92 6,296.92 8.33 69,266.08 450-7143-98-02 Transfer to Internal Serv. Fd 240.00 240.00 20.00 20.00 8.33 220.00 450-7147-98-02 Transfer to GF 18,366.00 18,366.00 1,530.50 1,530.50 8.33 16,835.50 560-4721-10-00 Prosper Christmas Donations - 12,000.00 - 12,000.00 - 10,486.16 - 10,486.16 87.39 - 1,513.84 560-5202-10-00 Prosper Christmas Expense 40,000.00 40,000.00 40,000.00 570-4537-10-00 Court Technology Revenue - 9,000.00 - 9,000.00 - 755.15 - 755.15 8.39 - 8,244.85 570-5203-10-00 Court Technology Expense 18,000.00 18,000.00 18,000.00 580-4536-10-00 Court Security Revenue - 7,000.00 - 7,000.00 - 566.36 - 566.36 8.09 - 6,433.64 580-5110-10-00 Salaries & Wages Payable 6,510.00 6,510.00 344.30 344.30 5.29 6,165.70 580-5145-10-00 Social Security Expense 404.00 404.00 21.35 21.35 5.29 382.65 580-5150-10-00 Medicare Expense 94.00 94.00 4.99 4.99 5.31 89.01 580-5155-10-00 SUTA expense 171.00 171.00 6.54 6.54 3.83 164.46 580-5175-10-00 Workers Comp 12.29 12.29 - 12.29 580-5204-10-00 Court Security Expense 1,000.00 1,000.00 1,000.00 610-4045-60-00 Park Dedication-Fees - 100,000.00 - 100,000.00 - 76,039.00 - 76,039.00 76.04 - 23,961.00 610-4610-60-00 Interest Income - 7,000.00 - 7,000.00 - 563.88 - 563.88 8.06 - 6,436.12 620-4055-60-00 Park Improvement - 100,000.00 - 100,000.00 - 29,329.70 - 29,329.70 29.33 - 70,670.30 620-4610-60-00 Interest Income - 3,800.00 - 3,800.00 - 687.25 - 687.25 18.09 - 3,112.75 Item 4b 37 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 620-6610-60-00 Preston Lakes Playground 90,000.00 90,000.00 90,000.00 630-4015-50-00 Impact Fees - 3,200,000.00 - 3,200,000.00 - 199,892.00 - 199,892.00 6.25 - 3,000,108.00 630-4615-50-00 Interest - 29,700.00 - 29,700.00 - 2,130.03 - 2,130.03 7.17 - 27,569.97 630-5489-50-00 Developer Agreement TVG 975,000.00 975,000.00 975,000.00 630-5489-50-00 Developer Agrmt Prsp Prtnrs 195,000.00 195,000.00 195,000.00 630-5489-50-00 Developer Agreement Doe Crk 532,586.00 532,586.00 532,586.00 630-6610-50-00 Lower Pressure Plane Pump Stat 1,726,000.00 1,726,000.00 1,726,000.00 630-6610-50-00 County Line Elevated Storage 337,500.00 337,500.00 337,500.00 630-6610-50-00 24" WL Conn. Cnty Line EST/DNT 70,775.00 70,775.00 70,775.00 640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 30,932.00 - 30,932.00 5.16 - 569,068.00 640-4620-50-00 Interest - 7,800.00 - 7,800.00 - 671.79 - 671.79 8.61 - 7,128.21 640-5410-50-00 LaCima Impct Fee Reimburse 5,000.00 5,000.00 5,000.00 640-5489-50-00 Developer Agrmt TVG 170,750.00 170,750.00 170,750.00 640-5489-50-00 Developer Agrmt Propser Prtnrs 34,150.00 34,150.00 34,150.00 640-5489-50-00 Developmer Agrmt Frontier Esta 71,300.00 71,300.00 71,300.00 640-6610-50-00 LaCima #2 Interceptor 465,000.00 465,000.00 465,000.00 650-4015-99-00 Impact Fees -Water - 25,950.00 - 25,950.00 25,950.00 650-4020-99-00 Impact Fees -Sewer - 19,770.00 - 19,770.00 19,770.00 650-4040-99-00 Thoroughfare Impact Fees - 40,580.00 - 40,580.00 40,580.00 660-4040-50-00 East Thoroughfare Impact Fees - 4,000,000.00 - 4,000,000.00 - 128,393.76 - 128,393.76 3.21 - 3,871,606.24 660-4610-50-00 Interest - 32,560.00 - 32,560.00 - 2,657.76 - 2,657.76 8.16 - 29,902.24 660-5489-50-00 Developer Agrmnt Lakes/LaCima 300,000.00 300,000.00 300,000.00 660-6610-50-00 Frontier Pkwy BNSF Overpass 2,340,000.00 2,340,000.00 2,340,000.00 660-6610-50-00 Prosper Trail (Kroger to Coit) 3,000,000.00 3,000,000.00 3,000,000.00 660-6610-50-00 Custer Turn Lane @Prosper Tr 100,000.00 100,000.00 100,000.00 660-6610-50-00 Prosper Trail (Coit - Custer) 540,000.00 540,000.00 540,000.00 660-6610-50-00 Coit Road (First - Frontier) 770,000.00 770,000.00 770,000.00 670-4530-10-00 Police Donation Inc - 12,000.00 - 12,000.00 - 1,074.00 - 1,074.00 8.95 - 10,926.00 670-4531-10-00 Fire Donations - 8,400.00 - 8,400.00 - 1,110.00 - 1,110.00 13.21 - 7,290.00 670-4535-10-00 Child Safety Inc - 8,000.00 - 8,000.00 - 8,000.00 670-4610-10-00 Interest Income - 8,000.00 - 8,000.00 - 8,000.00 670-5205-10-00 Police Donation Exp 10,000.00 10,000.00 10,000.00 670-5208-10-00 Child Safety Expense 10,000.00 10,000.00 10,000.00 670-5212-10-00 Tree Mitigation Expense 14,000.00 14,000.00 14,000.00 670-5292-10-00 PD Seizure Expense 5,000.00 5,000.00 5,000.00 680-4041-50-00 W Thoroughfare Impact Fees - 1,200,000.00 - 1,200,000.00 - 95,349.00 - 95,349.00 7.95 - 1,104,651.00 680-4610-50-00 Interest - 12,870.00 - 12,870.00 - 12,870.00 680-5489-50-00 Developer Agrmnt TVG 500,000.00 500,000.00 500,000.00 680-5489-50-00 Development Agrmnt Parks/Legac 100,000.00 100,000.00 100,000.00 680-6610-50-00 Cook Lane (First - End) 200,000.00 200,000.00 200,000.00 750-4611-10-00 Interest-2004 Bond - 2,000.00 - 2,000.00 - 170.49 - 170.49 8.53 - 1,829.51 750-4612-10-00 Interest-2006 Bond - 600.00 - 600.00 - 296.34 - 296.34 49.39 - 303.66 750-4613-10-00 Interest 2008 Bond - 7,500.00 - 7,500.00 - 49.46 - 49.46 0.66 - 7,450.54 750-4616-10-00 Interest 2012 GO Bond - 12,000.00 - 12,000.00 - 97.66 - 97.66 0.81 - 11,902.34 750-4995-10-00 Transfer In - 1,665,000.00 (975,000) - 2,640,000.00 - 138,750.00 - 138,750.00 8.33 - 2,501,250.00 750-4999-10-00 Bond Proceeds - 12,792,496.00 - 12,792,496.00 - 12,792,496.00 750-6610-10-00 Windsong Ranch Fire Station 5,447.72 5,447.72 7,370.72 - 12,818.44 750-6610-10-00 Town Hall-Multipurpose Facil. 1,450,000.00 1,450,000.00 1,450,000.00 750-6610-10-00 Downtown Enhancements 1,850,000.00 1,850,000.00 1,850,000.00 750-6610-10-00 Old Town Streets 1,000,000.00 1,000,000.00 1,000,000.00 750-6610-10-00 Town Hall Infrastructure Imprv 1,275,000.00 1,275,000.00 1,275,000.00 750-6610-10-00 Town Hall Construction 10,000,000.00 10,000,000.00 10,000,000.00 Item 4b 38 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 750-6610-10-00 Frontier Park North 9,526,225.00 9,526,225.00 9,526,225.00 750-6610-10-00 First St-Townlake to Custer 670,000.00 670,000.00 670,000.00 750-6610-10-00 Main Street (First-Broadway) 625,000.00 625,000.00 625,000.00 750-6610-10-00 Eighth Street (Church-PISD) 260,000.00 260,000.00 260,000.00 750-6610-10-00 Field Street (First-Broadway) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Parvin Road (Good Hope-FM1385) 270,000.00 270,000.00 270,000.00 750-6610-10-00 Pasewark (Preston-Hickory) 400,000.00 400,000.00 400,000.00 750-6610-10-00 Broadway (Parvin-Eighth) 515,000.00 515,000.00 515,000.00 750-6610-10-00 Sixth Street (Coleman-Church) 430,000.00 430,000.00 430,000.00 750-6610-10-00 Third Street (Church-Lane) 320,000.00 320,000.00 320,000.00 750-6610-10-00 Prosper Trail (Kroger to Coit) 0.00 975,000 975,000.00 975,000.00 760-4610-10-00 Interest Income - 37,200.00 - 37,200.00 - 1,649.73 - 1,649.73 4.44 - 35,550.27 760-4999-10-00 Bond Proceeds - 11,138,450.00 - 11,138,450.00 - 11,138,450.00 760-6610-10-00 Lower Pressure Pln 42" Trns Ln 22,960,919.00 22,960,919.00 22,960,919.00 760-6610-10-00 Old Town Drainage 500,000.00 500,000.00 500,000.00 760-6610-10-00 Coleman Rd Drainage 282,500.00 282,500.00 282,500.00 760-6610-10-00 Old Town Drainage Land Acq 750,000.00 750,000.00 750,000.00 760-6610-10-00 Old Town Drainage Trunk Main 600,000.00 600,000.00 600,000.00 760-6610-10-00 Amberwood Farms 32,000.00 32,000.00 32,000.00 760-6610-10-00 Old Town DRng-First & Main 800,000.00 800,000.00 800,000.00 760-6610-10-00 Old Town Regional Retention 750,000.00 750,000.00 750,000.00 770-4610-10-00 Interest Income - 1,238.28 - 1,238.28 1,238.28 771-4610-10-00 Interest Income - 5,911.50 - 5,911.50 5,911.50 780-4610-10-00 Interest Income - 747.13 - 747.13 747.13 781-4610-10-00 Interest Income - 2,035.11 - 2,035.11 2,035.11 Item 4b Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon an ordinance amending Chapter 1.03.002 of the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town Manager to execute contracts, change orders, and interlocal agreements, subject to limitations, and relative grant applications, as stated herein. Description of Agenda Item: Pursuant to Section 7.15(1) of the Town Charter of the Town of Prosper, Texas, as amended, the Town Council may, by ordinance, give the Town Manager general authority to contract for expenditure without further approval from the Town Council, for all budgeted items not exceeding limits set by the Town Council within the ordinance. Additionally, pursuant to Section 791.025 of the Texas Government Code, as amended, the Town has entered into grants with other governmental entities, so that the Town may avail itself of receipt of federal or state funding. It would be beneficial to the Town to expedite authorization of such grant agreements due to time constraints and limited amount of funding available on a first come first serve basis. By delegating authority to the Town Manager to execute the following: • Grant Applications: in the amount of $25,000 or less without Town Council approval, and for prospective grants of $25,000 or more, the Town Manager may sign grant application forms and thereafter seek ratification of the grant application by the Town Council. The approval of this Ordinance will amend Chapter 1, "General Provisions," of the Code of Ordinances of the Town of Prosper, Texas, by adding a new Article 1.03, entitled "Authority of Town Manager to Execute Certain Agreements and Contracts," by adding a new subsection (d) relative to the execution of grant applications and will be effective upon passage. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Ordinance. Attached Documents: 1. Ordinance Prosper is a place where everyone matters. FINANCE Item 4c Page 2 of 2 Town Staff Recommendation: Town staff recommends the approval of an Ordinance amending Chapter 1 of the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town Manager to execute contracts, change orders, interlocal agreements, and grant applications subject to limitations as stated herein. Proposed Motion: I move to adopt an Ordinance amending Chapter 1 of the Code of Ordinances of the Town of Prosper, Texas, authorizing the Town Manager to execute contracts, change orders, interlocal agreements, and grant applications subject to limitations. Item 4c Ordinance No. 16-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 1.03.002, “AUTHORITY OF TOWN MANAGER TO EXECUTE CERTAIN AGREEMENTS AND CONTRACTS,” OF ARTICLE 1.03, “ADMINISTRATION,” OF CHAPTER 1, “GENERAL PROVISIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW SUBSECTION (d) TO SAID SECTION RELATIVE TO THE EXECUTION OF GRANT APPLICATIONS, AS REFERENCED MORE FULLY HEREIN, AND AMENDING THE TITLE OF THE SECTION TO “AUTHORITY OF TOWN MANAGER TO EXECUTE CERTAIN AGREEMENTS, CONTRACTS AND GRANT APPLICATIONS;” REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7.15(1) of the Town Charter of the Town of Prosper, Texas, as amended, the Town Council may, by ordinance, give the Town Manager general authority to contract for expenditure without further approval from the Town Council for all budgeted items not exceeding limits set by the Town Council within the ordinance; and WHEREAS, the Town has been confronted with situations where, due to exigent circumstances, grant funds may be available to assist in addressing exigent circumstances and application for such grant funds must be promptly made, on occasion with such time constraints that council approval of a grant application is not feasible; and WHEREAS, the Town has determined that it is desirable that it delegate to the Town Manager the authority to sign grant application forms for prospective grants of less than $25,000.00 without Town Council approval, and for prospective grants of $25,000.00 or more, the Town Manager may sign grant application forms and thereafter seek ratification of the grant application by the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct factual and legislative determinations of the Town of Prosper and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 From and after the effective date of this Ordinance, Section 1.03.002, “Authority of town manager to execute certain agreements and contracts,” of Article 1.03, “Administration,” of Chapter 1, “General Provisions,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended, to read as follows: “Sec. 1.03.002 Authority of town manager to execute certain agreements, contracts and grant applications * * * Item 4c Ordinance No. 16-__, Page 2 (d)Authority of town manager to sign grant applications. The town manager shall have authority to sign grant applications, and related documentation, for prospective grants of less than $25,000.00 without first obtaining Town Council approval of each such grant. For prospective grants of $25,000.00 or more, the Town Manager may sign grant applications, and related documentation, and thereafter seek ratification of the grant application, and related documentation, by the Town Council.” SECTION 3 This Ordinance shall be cumulative of all provisions of ordinances of the Town of Prosper, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. SECTION 5 This Ordinance shall take effect and be in full force from and after its passage as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 13TH DAY OF DECEMBER, 2016. APPROVED: _____________________________ Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM: Terrence S. Welch, Town Attorney Item 4c Page 1 of 1 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – December 13, 2016 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between D&S Engineering Labs, LLC, (D&S), and the Town of Prosper, Texas, related to construction materials testing for the Town Hall/Multi-Purpose Facility project. Description of Agenda Item: D&S Engineering Labs will provide construction materials testing for the earthwork, lime stabilized subgrade, drilled shaft installation, reinforcing steel, cast-in-place concrete, masonry, and structural steel for the Town Hall/Multi-Purpose Facility project. The estimated expenditure is $57,401; however, actual costs will be based on a per test fee, as reflected in Exhibit B of the Agreement. At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms which included services for geotechnical and material testing. D&S is included on the list and previously performed the geotechnical services for the project. Budget Impact: Funding for this agreement in the amount of $57,401 has been budgeted in the Town Hall – Professional Services project (1402-FC) in the Capital Improvement Program. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Attached Documents: 1.Professional Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between D&S Engineering Labs, LLC, (D&S), and the Town of Prosper, Texas, related to the Town Hall/Multi-Purpose Facility project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between D&S Engineering Labs, LLC, (D&S), and the Town of Prosper, Texas, related to the Town Hall/Multi-Purpose Facility project. Prosper is a place where everyone matters. ENGINEERING Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Page 1 of 3 Prosper is a place where everyone matters. To: Mayor and Town Council From: Steve Glass, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon an ordinance amending Article 13.10, “Backflow Prevention Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new Section 13.10.004, “Customer Service Inspection,” and renumbering existing sections 13.10.004 through 13.10.006 as Sections 13.10.005 through 13.10.007, respectively; and amending Subsection (a)(1) of Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, relative to new administrative fees. Description of Agenda Item: On Tuesday, June 28, 2016, Town Council amended the current Backflow Prevention Plan to allow a Texas Commission on Environmental Quality (TCEQ) air gap as an accepted Backflow Prevention device between private wells and domestic water systems. The TCEQ air gap is a physical separation between the irrigation line and the potable water line. The Town Council also directed staff to amend the current Backflow Prevention Plan to allow existing private domestic wells that do not currently have a backflow prevention device the option of installing an air gap or RPZ. Prior to June 28, 2016, new private water wells installed after October 10, 2006, the date of Ordinance 06-109, were required to be separated from the domestic water system via the installation of a Reduced Pressure Zone Backflow Prevention Assembly (RPZ). The air gap option will give the owner of a private domestic water well installed prior to the date of this Ordinance amendment (December 13, 2016) the option of installing an air gap and providing a Customer Service Inspection (CSI), which will verify the physical air gap separation between the auxiliary water supply and the public water supply, or install an RPZ with appropriate testing. The air gap option will only be allowed for existing systems that do not currently have an RPZ installed as of the date of this Ordinance amendment (December 13, 2016). The Town is aware of 22 existing residences that will be allowed to implement this option, if desired. Currently, the Town has a total of 85 water wells. The remaining 63 water wells utilize an RPZ in compliance with Ordinance 06-109. Chapter 13.10 “Backflow Prevention Plan” will be amended to include the “Customer Service Inspection” Section in 13.10.004 and amend Subsection (a)(1) of Section XVIII “Backflow Prevention Plan and Enforcement Fees” to add a “CSI Administration Fee" of $25.00 and “Public Works Fee for Meter Disconnection Test” of $50.00. PUBLIC WORKS Item 4e Page 2 of 3 Sec. 13.10.004 Customer Service Inspection (a) Completion of a Customer Service Inspection (CSI). The owner, occupant, manager, other person in control of any premises, or the person responsible for the maintenance of the property on which, or on account of which, an auxiliary water supply exists, shall have the physical separation of the auxiliary water supply and the public water supply verified annually by a Customer Service Inspector registered in the Town of Prosper. The verification of the physical separation between the auxiliary water supply and the public water supply must also be attended by a member of the Town of Prosper Public Works Department who will perform a “meter disconnection test” during the CSI. The TCEQ “Air Gap” will only be allowed on systems that currently do not have an existing PRZ, as of the effective date of this Ordinance. The physical separation between the auxiliary water supply and the public water supply shall be verified annually and also verified upon installation, relocation, repair or work performed upstream of the separation; however, upon ten (10) calendar days prior written notice by the Town to the owner, occupant, manager, other person in control of the premises, or the person responsible for the maintenance of the property must provide for more frequent inspection, as required in the written notice. (b) Report of Customer Service Inspection. A Town of Prosper Customer Service Inspection Certificate (original form) shall be completed by a Prosper Customer Service Inspector for each premise inspected. Each completed original certificate, shall be hand-delivered in person to the Building Inspections Division of the Town of Prosper within ten (10) calendar days after the inspection. (c) Customer Service Inspection Fee. A customer service inspection fee as found in Appendix A to this code shall be submitted to the Town for each Customer Service Inspection completed and shall be paid at the time that the Customer Service Investigator files the Customer Service Inspection Certificate with the Town. (d) Public Works Fee. A public works fee as found in Appendix A to this code shall be submitted to the Town of Prosper to perform a meter disconnection test during each CSI, and shall be paid at the time that the Prosper Customer Service Inspector files the Customer Service Inspection Certificate with the Town.” “Sec. XVIII Backflow Prevention Plan and Enforcement Fees (a) The Town may elect to exercise the following administrative remedies for violations of the Town’s Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family water account holders, such as business and professional parks, homeowners’ associations, apartments, home builders, land developers, and entities other than customers residing at single family homes. (1) Administrative Fees. The following administrative fees that will be assessed: Backflow Registration Fee $100.00 Backflow Test (per device) $ 25.00 CSI Fee $ 25.00 Public Works Fee $ 50.00 Retest (per device) $ 25.00” Item 4e Page 3 of 3 Prior to implementation, the following outreach program will be conducted by staff to help educate our customers: a) Provide the 22 customers detailed information on the amended Article 13.10, “Backflow Prevention Plan” and direction to the Town’s website. b) Meet, as needed, with the 22 customers during January and February to present the new information. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon an ordinance of the Town of Prosper, Texas, amending Article 13.10, “Backflow Prevention Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new Section 13.10.004, “Customer Service Inspection,” and renumbering existing sections 13.10.004 through 13.10.006 as Sections 13.10.005 through 13.10.007, respectively; and amending Subsection (a)(1) of Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, relative to new administrative fees. Proposed Motion: I move to approve an ordinance of the Town of Prosper, Texas, amending Article 13.10, “Backflow Prevention Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new Section 13.10.004, “Customer Service Inspection,” and renumbering existing sections 13.10.004 through 13.10.006 as Sections 13.10.005 through 13.10.007, respectively; and amending Subsection (a)(1) of Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, relative to new administrative fees. Item 4e TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING ARTICLE 13.10, “BACKFLOW PREVENTION PLAN,” OF CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING A NEW SECTION 13.10.004, “CUSTOMER SERVICE INSPECTION,” AND RENUMBERING EXISTING SECTIONS 13.10.004 THROUGH 13.10.006 AS SECTIONS 13.10.005 THROUGH 13.10.007, RESPECTIVELY; AMENDING SUBSECTION (a)(1) OF SECTION XVIII, “BACKFLOW PREVENTION PLAN AND ENFORCEMENT FEES,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES, RELATIVE TO NEW ADMINISTRATIVE FEES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 341 of the Texas Health & Safety Code, the Texas Commission on Environmental Quality (TCEQ) has developed rules and regulations which govern drinking water quality and reporting requirements for public water systems; and WHEREAS, in 2015 the Town of Prosper, Texas (the "Town"), investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to establish a backflow prevention program of uniform regulations governing the installation, testing, maintenance and inspection of backflow prevention assemblies that applies to all properties and registration of backflow prevention assembly testers, and adopted an ordinance providing for same; and WHEREAS, the Town Council has investigated and determined that it also will be advantageous and beneficial to the citizens of Prosper to adopt the following amendments to the existing Backflow Prevention ordinance, and has determined that such amendments will protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Article 13.10, “Backflow Prevention Plan,” of Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a new Section 13.10.004, “Customer Service Inspection,” to read as follows: “ARTICLE 13.10 BACKFLOW PREVENTION PLAN * * * Sec. 13.10.004 Customer Service Inspection Item 4e Ordinance No. 16-__, Page 2 (a) Completion of a Customer Service Inspection (CSI). The owner, occupant, manager, other person in control of any premises, or the person responsible for the maintenance of the property on which, or on account of which, an auxiliary water supply exists, shall have the physical separation of the auxiliary water supply and the public water supply verified annually by a Customer Service Inspector registered in the Town of Prosper. The verification of the physical separation between the auxiliary water supply and the public water supply must also be attended by a member of the Town of Prosper Public Works Department who will perform a “meter disconnection test” during the CSI. The TCEQ “Air Gap” will only be allowed on systems that currently do not have an existing PRZ, as of the effective date of this Ordinance. The physical separation between the auxiliary water supply and the public water supply shall be verified annually and also verified upon installation, relocation, repair or work performed upstream of the separation; however, upon ten (10) calendar days prior written notice by the Town to the owner, occupant, manager, other person in control of the premises, or the person responsible for the maintenance of the property must provide for more frequent inspection, as required in the written notice. (b) Report of Customer Service Inspection. A Town of Prosper Customer Service Inspection Certificate (original form) shall be completed by a Prosper Customer Service Inspector for each premise inspected. Each completed original certificate, shall be hand-delivered in person to the Building Inspections Division of the Town of Prosper within ten (10) calendar days after the inspection. (c) Customer Service Inspection Fee. A customer service inspection fee as found in Appendix A to this code shall be submitted to the Town for each Customer Service Inspection completed and shall be paid at the time that the Customer Service Investigator files the Customer Service Inspection Certificate with the Town. (d) Public Works Fee. A public works fee as found in Appendix A to this code shall be submitted to the Town of Prosper to perform a meter disconnection test during each CSI, and shall be paid at the time that the Prosper Customer Service Inspector files the Customer Service Inspection Certificate with the Town.” SECTION 3 From and after the effective date of this Ordinance, existing Section 13.10.004, “Annual Resgistration Fee,” shall be renumbered as Section 13.10.005; existing Section 13.10.005, “Prohibited Conduct,” shall be renumbered as Section 13.10.006; and existing Section 13.10.006, “Penalty,” shall be renumbered as Section 13.10.007. SECTION 4 From and after the effective date of this Ordinance, existing Subsection (a)(1) of Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended to read as follows: Item 4e Ordinance No. 16-__, Page 3 “Sec. XVIII Backflow Prevention Plan and Enforcement Fees (a) The Town may elect to exercise the following administrative remedies for violations of the Town’s Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family water account holders, such as business and professional parks, homeowners’ associations, apartments, home builders, land developers, and entities other than customers residing at single family homes. (1) Administrative Fees. The following administrative fees that will be assessed: Backflow Registration Fee $100.00 Backflow Test (per device) $ 25.00 CSI Fee $ 25.00 Public Works Fee $ 50.00 Retest (per device) $ 25.00” SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 The Town Manager, or his designee, is hereby directed to file a copy of the Town’s Backflow Prevention Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. SECTION 8 In accordance with state law and the Town’s Code of Ordinances, this Ordinance shall take effect and be in full force and effect from and after its passage and publication. Item 4e Ordinance No. 16-__, Page 4 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: __________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 4e Page 1 of 1 To: Mayor and Town Council From: Daniel Heischman, P.E., Senior Engineer Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances by adopting a new article, 13.12, “Storm W ater Management;” providing legal authority for the Town to control pollutant discharges into and from the Town’s Municipal Separate Storm Sewer System. Description of Agenda Item: In 2014, the Town of Prosper implemented their Storm Water Management Plan in response to requirements of TCEQ for Small MS4s that are within or have any part within an Urbanized Area as delineated in the 2010 Decennial Census. One of the requirements of the Town’s approved Storm Water Management Plan was to adopt a Storm Water Management Ordinance within three years of effective coverage under the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR040000. While currently all construction within the corporate limits must comply with TPDES storm water requirements, passage of the Storm Water Management Ordinance will give the Town of Prosper the authority to enforce the implementation of the Town’s Storm Water Management Plan in keeping with the requirements of the General Permit. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends Town Council approve an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances by adopting a new article, 13.12, “Storm W ater Management;” providing legal authority for the Town to control pollutant discharges into and from the Town’s Municipal Separate Storm Sewer System. Proposed Motion: I move to approve an ordinance amending Chapter 13, “Utilities,” of the Code of Ordinances by adopting a new article, 13.12, “Storm Water Management;” providing legal authority for the Town to control pollutant discharges into and from the Town’s Municipal Separate Storm Sewer System. Prosper is a place where everyone matters. ENGINEERING Item 4f TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 13, “UTILITIES,” OF THE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE 13.12, “STORM WATER MANAGEMENT;” PROVIDING LEGAL AUTHORITY FOR THE TOWN TO CONTROL POLLUTANT DISCHARGES INTO AND FROM THE TOWN’S MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2003, the United States Environmental Protection Agency (“US EPA”) promulgated Phase II of the National Pollutant Discharge Elimination System (NPDES) Program, which requires Small Municipal Separate Storm Sewer Systems (MS4s) to implement programs and practices to control polluted storm water runoff; and WHEREAS, the US EPA and the Texas Commission on Environmental Quality (“TCEQ”) signed a memorandum of agreement for TCEQ to assume the regulatory authority for the NPDES Program as it applies to the State of Texas; and WHEREAS, the Town of Prosper, Texas (“Town”), is designated by TCEQ as an MS4 that includes part of an Urbanized Area (“UA”), and is therefore required to implement a Storm Water Management Program; and WHEREAS, the Town has investigated and determined that it would be advantageous and beneficial to the citizens of the Town to adopt an ordinance that provides authority to control pollutant discharges into and from its MS4 in order to meet the requirements of General Permit TXR040500, establishing regulations applicable within the Town limits to protect properties, prevent damage to the environment in the Town, and promote public health, safety and general welfare by implementing regulations for storm water discharge in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Chapter 13, “Utilities,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding thereto a new Article 13.12, “Storm Water Management,” to read as follows: “ARTICLE 13.12 STORM WATER MANAGEMENT Sec. 13.12.001 General Division 1. Generally Item 4f Ordinance No. 16-___, Page 2 (a)The following abbreviations when used in this article shall have the designated meanings: BMP Best Management Practices CFR Code of Federal Regulations DDES Deputy Director of Engineering Services EPA U.S. Environmental Protection Agency MS4 Municipal Separate Storm Sewer System NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System PST Petroleum Storage Tank SWPPP Storm Water Pollution Prevention Plan TPDES Texas Pollutant Discharge Elimination System USC United States Code V.T.C.A. Vernon’s Texas Codes Annotated (b)Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated: Agricultural storm water runoff. Any storm water runoff from orchards, cultivated crops, pastures, range lands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24. Item 4f Ordinance No. 16-___, Page 3 Best management practices (BMP). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Coal pile runoff. The rainfall runoff from or through any coal storage pile. Commencement of construction. The disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. Commercial. Pertaining to any business, trade, industry, or other activity engaged in for profit. Deputy Director of Engineering Services (DDES). The person appointed to by the Town Manager to provide engineering and technical services, or his/her duly authorized representative. Discharge. Any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. Discharger. Any person, who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. Domestic sewage. Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste. Environmental Protection Agency (EPA). The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency. Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 355, Emergency Planning and Notification. Facility. Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant. Fertilizer. A solid or nonsolid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made. Final stabilization. The status when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent Item 4f Ordinance No. 16-___, Page 4 permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. Fire department. The Fire Department of the Town of Prosper, or any duly authorized representative thereof. Fire protection water. Any water, and any substances or materials contained therein, used by any person other than the fire department to control or extinguish a fire. Garbage. Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. Generally accepted maintenance activities. Procedures, work tasks, techniques and schedules established for the sustainability and function of a storm water feature published by a governmental agency, educational organization, professional organization or other subject matter experts. Good working order. As applicable to a storm water system, when the storm water feature functions as designed to achieve its purpose pursuant to the design intent and record drawings and is not a public nuisance. This includes preserving and continuing its function in controlling storm water quality and quantity in the degree or amount for which the storm water feature was designed. Harmful quantity. The amount of any substance that will cause pollution of water in the state. Hazardous household waste. Any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR sec. 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302. Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261. Hazardous waste treatment, disposal and recovery facility. All contiguous land, and structures, other appurtenances and improvements on the land, used for the treatment, disposal, or recovery of hazardous waste. Herbicide. A substance or mixture of substances used to destroy a plant or to inhibit plant growth. Industrial waste. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade or business. Maintenance activities. Practices required for the long-term sustainability and function of a component or system. This includes periodic inspections, debris removal and disposal, replanting of trees, maintaining vegetation, removal of silt, and repair of manmade components. Item 4f Ordinance No. 16-___, Page 5 The maintenance activities in natural channels and riparian areas shall be as minimal as possible. Motor vehicle fuel. Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle. Municipal landfill (or landfill). An area of land or an excavation in which municipal solid waste is placed for permanent disposal, and which is not a land treatment facility, a surface impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated by the Texas Water Commission). Municipal separate storm sewer system (MS4). The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the Town and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. Municipal solid waste. Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste. Natural channels. Channels left in or near their natural state, maintaining the natural alignment and grade and riparian corridor. NPDES general permit for storm water discharges associated with industrial activity (or industrial general permit). The industrial general permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41304 on September 9, 1992, and any subsequent modifications or amendments thereto. NPDES general permit for storm water discharges from construction sites (or construction general permit). The construction general permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41217 on September 9, 1992, and any subsequent modifications or amendments thereto. NPDES permit. A permit issued by EPA (or by the state under authority delegated pursuant to 33 USC sec. 1342(b)), as amended, that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Nonpoint source. Any source of any discharge of a pollutant that is not a “point source.” Notice of intent (NOI). The notice of intent that is required by either the industrial general permit or the construction general permit. Notice of termination (NOT). The notice of termination that is required by either the industrial general permit or the construction general permit. Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. Item 4f Ordinance No. 16-___, Page 6 Operator. The person or persons who, either individually or taken together, meet the following two criteria: (1) they have operational control over the facility specifications (including the ability to make modifications in specifications); and (2) they have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions. Owner. The person who owns a facility, part of property. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant (as these terms are defined in V.T.C.A., Agriculture Code sec. 76.001, as amended). Petroleum product. A petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing. Petroleum storage tank (PST). Any one or combination of above ground or underground storage tanks that contain petroleum products and any connecting underground pipes. Point source. Any discernable, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term “pollutant” does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm land. Pollution. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Public nuisance. A condition which meets all of the requirements: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; or (2) affects at the same time an Item 4f Ordinance No. 16-___, Page 7 entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Qualified personnel. Persons who possess the appropriate competence, skills and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally-accepted industry standards for such activity. Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4) or the waters of the United States. Reportable quantity. For any “hazardous substance,” the quantity established and listed in Table 302.4 of 40 CFR Part 302, as amended; for any “extremely hazardous substance,” the quantity established in 40 CFR Part 355, as amended, and listed in Appendix A thereto. Rubbish. Nonputrescible solid waste, excluding ashes that consist of: (A) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (B) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees Fahrenheit). Sanitary sewer (or sewer). The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the Town sewage treatment plant (and to which storm water, surface water, and groundwater are not intentionally admitted). Septic tank waste. Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks. Service station. Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks. Sewage (or sanitary sewage). The domestic sewage and/or industrial waste that is discharged into the Town sanitary sewer system and passes through the sanitary sewer system to the town sewage treatment plant for treatment. Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including, solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities. State. The State of Texas. Storm water. Storm water runoff, snow melt runoff, and surface runoff and drainage. Item 4f Ordinance No. 16-___, Page 8 Storm water discharge associated with industrial activity. The discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within one of the categories of facilities listed in 40 CFR sec. 122.26(b)(14), as amended, and which is not excluded from EPA’s definition of the same term. Storm water feature. A natural or manmade component or system which remains as a permanent part of a development also known as structural BMPs. The purpose of which includes storm water conveyance, storm water quality improvement, flood mitigation, or erosion reduction. The features include but are not limited to, channels, detention facilities, retention ponds, bioretention, rain harvest systems, landscape buffers, riparian areas, enhanced swales, filter strips, permeable pavers and manufactured devices. Storm water pollution prevention plan (SWPPP). A plan required by either the construction general permit or the industrial general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with construction or other industrial activity at the facility. Town. The Town of Prosper, Texas, or the Town Council of the Town of Prosper. Town inspector(s) shall refer to the DDES or representative who goes on-site to determine if the provisions of this article are being met. Uncontaminated. Not containing a harmful quantity of any substance. Used oil (or used motor oil). Any oil that has been refined from crude oil or synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties, but that may be suitable for further use and is recyclable in compliance with state and federal law. Water in the state (or water). Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. Water quality standard. The designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses, as specified in Texas Administrative Code, tit. 31 ch. 307, as amended. Water resource zone. A landscape area that receives surface runoff from an adjacent impervious paved surface and uses one or more BMPs such as bioretention to capture and treat the runoff near the source. Waters of the United States. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters Item 4f Ordinance No. 16-___, Page 9 identified in this definition; and any waters within the federal definition of “waters of the United States” at 40 CFR sec. 122.2, as amended; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act. Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Yard waste. Leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations. Sec. 13.12.002 Legal Authority This article provides the Town Council of the Town, and its designees, with the requisite legal authority to address the following: (1)Authority to prohibit illicit discharges and illicit connections; (2)Authority to respond to and contain other releases, control the discharge of spills, and prohibit dumping or disposal of materials other than storm water into the Town’s MS4; (3)Authority to require compliance with conditions in the Town of Prosper’s ordinances, permits, contracts, or orders; (4)Authority to require installation, implementation, and maintenance of control measures; (5)Authority to receive and collect information, such as storm water plans, inspection reports, and other information deemed necessary to asses compliance with this permit, from operators of construction sites, new or redeveloped land, and industrial and commercial facilities; (6)Authority as needed, to enter and inspect private property including facilities, equipment, practices, or operations related to storm water discharges to the Town of Prosper’s MS4; (7)Authority to respond to non-compliance with BMP requirements that are consistent with the Town’s ordinances or other regulatory mechanisms; (8)Authority to assess penalties, including monetary, civil, or criminal penalties; and (9)Ability to enter into interagency or interloccal agreements or other maintenance agreements, as necessary. Sec. 13.12.003 Geographic Jurisdiction The Town is hereby authorized to implement the following Storm Water Management program and enforce the this article within the corporate limits of the Town. Item 4f Ordinance No. 16-___, Page 10 Division 2. Storm Water Discharge Sec. 13.12.004 General provisions (a)The purposes and objectives of this article are as follows: (1)To protect human life, health, and property; (2)To maintain and improve the quality of surface water and groundwater within the Town of Prosper, the North Central Texas Region, and the State of Texas; (3)To prevent the discharge of contaminated storm water runoff from industrial, commercial, residential, and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the Town of Prosper; (4)To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers and natural waters of the town; (5)To encourage recycling of used motor oil and safe disposal of other hazardous consumer products; (6)To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction sites within the town; and (7)To enable the town to comply with all federal and state laws and regulations applicable to storm water discharges. (b)Except as otherwise provided herein, the Deputy Director of Engineering Services (DDES) shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon these people may be delegated to other town personnel. Sec. 13.12.005 General prohibitions (a)No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of storm water. (b)It is an affirmative defense to any enforcement action for violation of subsection (a) of this section that the discharge was composed entirely of one or more of the following categories of discharges: (As found in the permit) (1)Water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); (2)Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; Item 4f Ordinance No. 16-___, Page 11 (3)Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; (4)Diverted stream flows; (5)Rising groundwaters and springs; (6)Uncontaminated groundwater infiltration; (7)Uncontaminated pumped groundwater; (8) Foundation and footing drains; (9)Air conditioning condensation; (10)Water from crawl space pumps; (11)Individual residential vehicle washing; (12)Flows from wetlands and riparian habitats; (13)Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; (14)Street wash water excluding street sweeper waste water; (15)Discharges or flows from fire-fighting activities (fire-fighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities); (16)Other allowable non-storm water discharges listed in 40 CFR 122.26(d)(2)(iv)(B)(1), as amended; (17)Non-storm water discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction General Permit (CGP) TXR150000; (18)A discharge from a temporary car wash sponsored by a civic group, school, religious or nonprofit organization where only soap and water are used and where efforts are made to minimize pollutants in the discharge; and (19)Other similar occasional incidental non-storm water discharges, unless the TCEQ develops permits or regulations addressing these discharges. (c)No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the DDES to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than 14 calendar days beyond such notice. The correctness of the DDES’s determination that a discharge is a Item 4f Ordinance No. 16-___, Page 12 source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding. Sec. 13.12.006 Specific prohibitions and requirements (a)The specific prohibitions and requirements in this section are not necessarily inclusive of all the discharges prohibited by the general prohibition in Judicial Enforcement Remedies. (b)No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the town to violate a water quality standard, the town’s NPDES permit, or any state-issued discharge permit for discharges from its MS4. (c) No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4: (1)Any industrial waste; (2)Any used motor oil; (3)Any hazardous waste, including hazardous household waste; (4)Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste; (5)Any release from a PST, or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge satisfies all of the following criteria: a.Compliance with all state and federal standards and requirements; and b.No discharge containing a harmful quantity of any pollutant. (d)No person shall intentionally dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or introduce any of the following substances into the MS4 and all persons shall to the maximum extent practicable under prevailing circumstances employ control measures to prevent the following substances from entering into the MS4: (1)Any motor oil, antifreeze, or any other motor vehicle fluid; (2)Any garbage, rubbish or yard waste; (3)Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business or public entity; Item 4f Ordinance No. 16-___, Page 13 (4)Any wastewater from the washing, cleaning, de-icing, or other maintenance of aircraft; (5)Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent, or any other harmful cleaning substance; (6)Any wastewater from floor, rug or carpet cleaning; (7)Any wastewater from the wash-down or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the wash-down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released material have been previously removed; (8)Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or the blow down from a boiler; (9)Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydro mulch material, or from the cleaning of commercial vehicles or equipment containing, or used in transporting or applying, such material; (10)Any runoff or wash-down water from any animal pen, kennel, or foul or livestock containment area; (11)Any filter backwash from a swimming pool, fountain or spa; (12)Any swimming pool water containing any harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning; (13)Any discharge from water line disinfection by super chlorination or other means if it contains any harmful quantity of chlorine or any other chemical used in line disinfection; (14)Any fire protection water containing oil or hazardous substances or materials that the fire code in this Code of Ordinances requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. (This prohibition does not apply to discharges or flow from fire- fighting by the fire department.); (15)Any water from a water curtain in a spray room used for painting vehicles or equipment; (16)Any contaminated runoff from a vehicle wrecking yard; (17)Any substance or material that will damage, block or clog the MS4. Item 4f Ordinance No. 16-___, Page 14 (e)No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities, or associated with landfilling or other placement or disposal of soil, rock, or other earth materials, in excess of what could be retained on-site or captured by employing sediment and erosion control measures to the maximum extent practicable under prevailing circumstances. (f)No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue. (g)No person shall cause or allow any pavement wash water from a service station to be discharged into the MS4 unless such wash water has passed through a properly functioning and maintained, grease, oil, and sand interceptor before discharge into the MS4. (h)Pesticides, herbicides and fertilizers. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced harmful levels of pesticides, herbicides and fertilizers into the MS4. All persons shall to the maximum extent practicable under prevailing circumstances employ control measures to minimize pesticides, herbicides and fertilizers from entering the MS4. This includes the following: (1)Applying products according to manufacture recommendations. (2)Applying products according to all state and federal laws. (3)Proper storage and disposal. Sec. 13.12.007 Release and reporting and cleanup (a)The person in charge of any facility, vehicle, or other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances that may flow, leach, enter, or otherwise be introduced into the MS4 or waters of the United States, shall immediately telephone and notify the fire department and the DDES concerning the incident: (1)An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR Part 302, as amended; (2)An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR Part 355, as amended; (3)An amount of oil that either: (a) violates applicable water quality standards; or (b) causes a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline; or (4)Any harmful quantity of any pollutant. Item 4f Ordinance No. 16-___, Page 15 (b)The immediate notification required by subsection (a) shall include the following information: (1)The identity or chemical name of the substance released, and whether the substance is an extremely hazardous substance; (2)The exact location of the release, including any known name of the waters involved or threatened and any other environmental media affected; (3)The time and duration (thus far) of the release; (4)An estimate of the quantity and concentration (if known) of the substance released; (5)The source of the release; (6)Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals; (7)Any precautions that should be taken as a result of the release; (8)Any steps that have been taken to contain and/or clean up the released material and minimize its impacts; and (9)The names and telephone numbers of the person or persons to be contacted for further information. (c)Within 14 calendar days following such release, the responsible person in charge of the facility, vehicle, or other source of the release shall, unless waived by the DES, submit a written report containing each of the items of information specified above in subsection (b), as well as the following additional information: (1)The ultimate duration, concentration, and quantity of the release; (2)All actions taken to respond to, contain, and clean up the released substances, and all precautions taken to minimize the impacts; (3)Any known or anticipated acute or chronic health risks associated with the release; (4)Where appropriate, advice regarding medical attention necessary for exposed individuals; (5)The identity of any governmental/private sector representatives responding to the release; and (6)The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences. Item 4f Ordinance No. 16-___, Page 16 (d)The notifications required by subsections (b) and (c), above, shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the town, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this article or to state or federal law. (e)Any person responsible for any release as described in subsection (a) above shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. (f)Any person responsible for a release described in subsection (a) above shall reimburse the town for any cost incurred by the town in responding to the release. Sec. 13.12.008 Storm water discharges from construction activities (a)General requirements. (Note: The requirements of this ordinance do not replace the requirements established by TCEQ pertaining to construction sites.) (1)All operators of construction sites shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the United States, of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable under the circumstances. Such best management practices may include, but not be limited to the following measures: a.Ensuring that existing vegetation is preserved where possible and that disturbed portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Stabilization measures may include: Temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures; b.Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible; c.Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site; d.Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the United States; e.Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to assure Item 4f Ordinance No. 16-___, Page 17 proper cleanup and disposal of any such spills in compliance with state, federal and local requirements; f.Implementation of proper waste disposal and waste management techniques, including covering waste materials and minimizing ground contact with hazardous chemicals and trash; g.Timely maintenance of vegetation, erosion and sediment control measures, and other best management practices in good and effective operating condition; and h.Installation of structural measures during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but not be limited to the following: Storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on-site; and sequential systems which combine several practices. Operators of construction sites are only responsible for the installation and maintenance of storm water management measures prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with construction activity have terminated. (2)Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven calendar days. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is practicable. (3)The DDES may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by subsection (a)(1) above, that will be implemented at the construction site. The town may deny approval of any building permit, grading permit, or any other town approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by the DDES are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable under the circumstances. Item 4f Ordinance No. 16-___, Page 18 (4)Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in subsection (a). (5)Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure if such failure causes or contributes to causing the town to violate a water quality standard, the town’s NPDES permit, or any state-issued discharge permit for discharges from its MS4. (b)Disturbances of Five Acres or more (1)All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of five or more acres of total land area, or disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five acres of land, or who are required to obtain an NPDES permit for storm water discharges associated with construction activity, shall comply with the following requirements (in addition to those in subsection (a)): a.Any operator who intends to obtain coverage for storm water discharges from a construction site under the NPDES general permit for storm water discharges from construction sites (“the construction general permit”) shall submit a signed copy of its notice of intent (NOI) to the DDES at least two days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this article, the NOI shall be submitted within 30 days. For storm water discharges from construction sites where the operator changes, an NOI shall be submitted at least two days prior to when the operator commences work at the site. b.A storm water pollution prevention plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by or under this article and any other town ordinance. c.The SWPPP shall be completed prior to the submittal of the NOI to the DDES and, for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified as appropriate and as required by the construction general permit and this article. d.A copy of any NOI that is required by subsection (b)(1)a., shall be submitted to the town in conjunction with any application for a building permit, grading permit, site development plan approval, and any other Item 4f Ordinance No. 16-___, Page 19 town approval necessary to commence or continue construction at the site. e.The DDES may require any operator who is required by subsection (b)(1)b. to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the DDES for review. Such submittal and review of the SWPPP may be required by the DDES prior to commencement of or during construction activities at the site. f.Upon the DDES’s review of the SWPPP and any site inspection that he/she may conduct, the town may deny approval of any building permit, grading permit, or any other town approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the SWPPP does not comply with the requirements of the construction general permit, any individual or group NPDES permit issued for storm water discharge from the construction site, or any additional requirement imposed by or under this article. Also, if at any time the DDES determines that the SWPPP is not being fully implemented, the town may similarly deny approval of any building permit, grading permit, subdivision plat, site development plan or any other town approval necessary to commence or continue construction, or to assume occupancy, at the site. g.All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional service identified in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification, with the Storm water Ordinance of the Town of Prosper, and with those provisions of the storm water pollution prevention plan (SWPPP) for the construction site for which I am responsible. h.The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. i.The SWPPP, and the certifications of contractors and subcontractors required by subsection (b)(1)g., and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization. j.The operator shall make the SWPPP and any modification thereto available to the DDES upon request (as well as to EPA and state inspectors). k.The DDES may notify the operator at any time that the SWPPP does not meet the requirements of the construction general permit, any applicable Item 4f Ordinance No. 16-___, Page 20 individual or group NPDES permit issued for storm water discharges from the construction site, or any additional requirement imposed by or under this article. Such notification shall identify those provisions of the permit or ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within seven days of such notification from the DDES (or as otherwise provided by the DDES), the operator shall make the required changes to the SWPPP and shall submit to the DDDES a written certification that the requested changes have been made. l.The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, and which has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated with construction activity. In addition, the SWPPP shall be amended to identify any new contractor and/or subcontractor that will implement a measure in the SWPPP. m.Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven (7) calendar days. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking. An alternative to the above-described inspection schedule may be used if the alternative schedule complies with the current TPDES General Permit for construction sites. n.Based on the results of the inspections required by subsection (b)(l)m., the site description and/or the pollution prevention measures identified in the SWPPP shall be revised as appropriate, but in no case later than seven calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection. o.A report summarizing the scope of any inspection required by subsection (b)(l)m., and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to Item 4f Ordinance No. 16-___, Page 21 the implementation of the SWPPP, and actions taken in accordance with subsection (b)(l)n. above, shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility’s NPDES permit, and this article. The report shall be certified and signed by the person responsible for making it. p.The operator shall retain copies of any SWPPP and all reports required by this article or by the NPDES permit for the site, and records of all data used to complete the NOI, for a period of at least three years from the date that the site is finally stabilized. q.Where a site has been finally stabilized and all storm water discharges from construction activities that are authorized by this article and by the NPDES permit for those construction activities are eliminated, or where the operator of all storm water discharges at a facility changes, the operator of the construction site shall submit to the DDES a notice of termination (NOT) in accordance with the construction general permit. r.Upon final stabilization of the construction site, the owner (or the duly authorized representative thereof) shall submit written certification to the DDES that the site has been finally stabilized. (See definition of final stabilization in this article.) The town may withhold an occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the DDES has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed. (c)Disturbances of at least One Acre but less than Five Acres (1)All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of at least one acre but less than five acres of total land area, or the disturbance of less than one acre of total land area that is part of larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres of land, or who are required to obtain an NPDES permit for storm water discharges associated with construction activity, shall comply with the following requirements (in addition to those in subsection (a)): a.Any operator who intends to obtain coverage for storm water discharges from a construction site under the NPDES general permit for storm water discharges from construction sites (“the construction general permit”) shall post the Site Notice as well as submit a signed copy of its Site Notice to the DDES at least two days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this article, the NOI shall be submitted within 30 days. For storm water discharges from construction sites where the Item 4f Ordinance No. 16-___, Page 22 operator changes, an NOI shall be submitted at least two days prior to when the operator commences work at the site. b.A storm water pollution prevention plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by or under this article and any other town ordinance. c.All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional service identified in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification, with the Storm water Ordinance of the Town of Prosper, and with those provisions of the storm water pollution prevention plan (SWPPP) for the construction site for which I am responsible. d.The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. e.The SWPPP, and the certifications of contractors and subcontractors required by subsection (b)(1)g., and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization. f.The operator shall make the SWPPP and any modification thereto available to the DDES upon request (as well as to EPA and state inspectors). g.The DDES may notify the operator at any time that the SWPPP does not meet the requirements of the construction general permit, any applicable individual or group NPDES permit issued for storm water discharges from the construction site, or any additional requirement imposed by or under this article. Such notification shall identify those provisions of the permit or ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within seven days of such notification from the DDES (or as otherwise provided by the DDES), the operator shall make the required changes to the SWPPP and shall submit to the DDES a written certification that the requested changes have been made. h.The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant Item 4f Ordinance No. 16-___, Page 23 effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, and which has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated with construction activity. In addition, the SWPPP shall be amended to identify any new contractor and/or subcontractor that will implement a measure in the SWPPP. i.Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven (7) calendar days. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking. An alternative to the above-described inspection schedule may be used if the alternative schedule complies with the current TPDES General Permit for construction sites. j.Based on the results of the inspections required by subsection (b)(l)m., the site description and/or the pollution prevention measures identified in the SWPPP shall be revised as appropriate, but in no case later than seven calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven calendar days following the inspection. k.A report summarizing the scope of any inspection required by subsection (b)(l)m., and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with subsection (b)(l)n. above, shall be made and retained as part of the SWPPP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility’s NPDES permit, and this article. The report shall be certified and signed by the person responsible for making it. l.The operator shall retain copies of any SWPPP and all reports required by this article or by the NPDES permit for the site, and records of all data Item 4f Ordinance No. 16-___, Page 24 used to complete the NOI, for a period of at least three years from the date that the site is finally stabilized. m.Where a site has been finally stabilized and all storm water discharges from construction activities that are authorized by this article and by the NPDES permit for those construction activities are eliminated, or where the operator of all storm water discharges at a facility changes, the operator of the construction site shall submit to the DDES a notice of termination (NOT) in accordance with the construction general permit. n.Upon final stabilization of the construction site, the owner (or the duly authorized representative thereof) shall submit written certification to the DDES that the site has been finally stabilized. (See definition of final stabilization in this article.) The town may withhold an occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the DDES has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed. (d)Disturbances less than One Acre All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in land disturbance of less than one acre of land, (provided the disturbance is not part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre of land, and who are not otherwise required to obtain an NPDES permit for storm water discharges associated with construction activity), are not required to obtain an NPDES permit for storm water discharges associated with construction activity, but shall utilize all applicable erosion control BMPs to reduce erosion and discharge of pollutants in storm water runoff from the site, and shall properly stabilize the site at completion of disturbance. Sec. 13.12.009 Compliance monitoring (a)Right of entry; inspection and sampling. Town inspectors shall have the right to enter the premises of any person reasonably suspected by the town of discharging pollutants into the municipal separate storm sewer system (MS4) or to waters of the United States to determine if the discharger is complying with all requirements of this article, and with any state or federal discharge permit, limitation or requirement. Dischargers shall allow the town inspectors ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties. Dischargers shall make available to the town inspector, upon request, any SWPPPs, modifications thereto, self- inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this article and with any state or federal discharge permit. (1)Where a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the town inspector will be permitted to enter without unreasonable delay for the purposes of performing his/her responsibilities. Item 4f Ordinance No. 16-___, Page 25 (2)The town inspector shall have the right to set up on the discharger’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger’s operations. (3)When pollutants have been discharged the DDES may require any discharger to the MS4 or waters of the United States to conduct specified sampling, testing, analysis, and other monitoring of its storm water discharges, and may specify the frequency and parameters of any such required monitoring. (4)The DDES may require that discharger to install monitoring equipment as necessary at the discharger’s expense. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. (5)Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of the town inspector and shall not be replaced. The costs of clearing such access shall be borne by the discharger. (6)Unreasonable delays in allowing the town inspector access to the discharger’s premises shall be a violation of this article. (b)Search warrants. If the town inspector has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article or any state or federal discharge permit, limitation or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the town inspector may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 13.12.10 Publication Publication of dischargers in significant noncompliance. The DDES may periodically publish, in a daily newspaper generally distributed within the town, a list of owners and operators of discharges to the MS4 or waters of the United States from sites of construction and industrial activity which, during the previous three months, were in significant noncompliance with the requirements of this article. The term “significant noncompliance” shall mean: (1)Introducing or causing to be introduced into the waters of the United States any discharge that violates a water quality standard; (2)Introducing or causing to be introduced into the MS4 any discharge that causes or contributes to causing the town to violate a water quality standard, the town’s NPDES/TPDES permit, or any state-issued discharge permit for discharges from the town’s MS4; (3)Any connection of a line conveying sanitary sewage, domestic or industrial, to the MS4, or allowing any such connection to continue; Item 4f Ordinance No. 16-___, Page 26 (4)Any discharge of pollutants to the MS4 or waters of the United States that has caused an imminent or substantial endangerment to the health or welfare of persons or to the environment, or has resulted in the DDES’s exercise of his/her emergency authority to halt or prevent such a discharge; (5)Any violation that has resulted in injunctive relief, civil penalties, or criminal fine being imposed as a judicial remedy under Judicial Enforcement Remedies of this article; (6)Any other violation(s) which the DDES determines to be chronic or especially dangerous to the public or to the environment; or (7)Any failure to comply with a compliance schedule, whether imposed by the town or by a court. Sec. 13.12.11 Administrative enforcement remedies (a)Warning notice. When the DDES finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the DDES may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the DDES to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. (b)Notification of violation. When the DDES finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the DDES may serve upon that person a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the DDES. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the DDES within ten days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the DDES to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation. (c)Consent orders. The DDES may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (e), (f) and (g) in this section and shall be judicially enforceable. (d)Show cause hearing. The DDES may order any person who has violated, or continues to violate, any provision of this article, or any order issued hereunder, to appear before the Item 4f Ordinance No. 16-___, Page 27 DDES and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in Judicial Enforcement Remedies(a)(7) of this article. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator. (e)Compliance orders. When the DDES finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the DDES may issue an order to the violator directing that the violator come into compliance within a specified time limit. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the MS4 and waters of the United States. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the violator. (f)Remediation, abatement and restoration orders. When the DDES finds that a person has violated, or continues to violate, any provision of this article, or any order issued hereunder, and that such violation has adversely affected the MS4, the waters of the United States or any other aspect of the environment, the DDES may issue an order to the violator directing him/her to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4, the waters of the United States, or any other aspect of the environment, and/or to restore any part of the MS4, the waters of the United States, or any other aspect of the environment that has been harmed. Such remedial, abatement, and restoration action may include, but not be limited to: Monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; restoration or replacement of town property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this subsection does not relieve the violator of liability for any violation, including any continuing violation. Issuance of an order under this subsection shall not be a bar against, or a prerequisite for, taking any other action against any responsible party. (g)Emergency cease and desist orders. When the DDES finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) have caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the DDES may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: (1)Immediately comply with all ordinance requirements; and Item 4f Ordinance No. 16-___, Page 28 (2)Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the DDES may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The DDES may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the DDES that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the DDES within two days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. (h)“Red tags”. Whenever the DDES finds that any operator of a construction site has violated, or continues to violate, any provision of this article, or any order issued thereunder, the DDES may order that a “red tag” be issued to the operator, posted at the construction site, and distributed to all Town departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the DDES, the “red tag” shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the town associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other town approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a “red tag” order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Sec. 13.12.12 Right to reconsideration, hearing and appeal (a)Reconsideration and hearing. (1)Any person subject to a compliance order under Judicial Enforcement Remedies (e), a remediation, abatement, or restoration order under Judicial Enforcement Remedies (f), an emergency cease and desist order under Judicial Enforcement Remedies (g), or a red tag order under Judicial Enforcement Remedies (h) of this article may petition the DDES to reconsider the basis for his/her order within 30 days of the affected person’s notice of issuance of such an order. (2)Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order. (3)In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner’s view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition. Item 4f Ordinance No. 16-___, Page 29 (4)The effect of any compliance order under Judicial Enforcement Remedies(e), remediation, abatement, or restoration order under Judicial Enforcement Remedies(f), and any red tag order under Judicial Enforcement Remedies(h) shall be stayed pending the DDES’s reconsideration of the petition, and any hearing thereon, unless the DDES expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under Judicial Enforcement Remedies (g) shall not be stayed pending the DDES’s reconsideration, or any hearing thereon, unless the DDES expressly and in writing stays his/her emergency order. (5)Within ten days of the submittal of a petition for reconsideration, the DDES shall either: (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition, without hearing if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition. (6)Written notice of any hearing set by the DDES pursuant to subsection (a)(5) above, shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party. (7)The DDES may himself/herself conduct the hearing and take evidence, or he/she may designate any employee of the town or any specially-designated attorney or engineer to: a.Issue in the name of the town notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing; b.Take evidence; c.Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the DDES for action thereon. At any hearing held pursuant to this subsection, testimony taken shall be under oath and recorded. Any party is entitled to present his/her case or defense by oral or documentary evidence and to conduct such cross- examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof. (8)After the DDES has reviewed the evidence, he/she shall either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The DDES may modify his/her order as is appropriate based upon the evidence and arguments presented at the hearing and his/her action on the petition. Further orders and directives as are necessary and appropriate may be issued. (b)Appeal. Item 4f Ordinance No. 16-___, Page 30 (1)Any person whose petition for reconsideration by the DDES has not been granted in its entirety and who remains adversely affected by the DDES’s order, or who is subject to an order of the DDES issued following a show cause hearing under Judicial Enforcement Remedies(d), may appeal the action of the DDES to the town council by filing a written appeal with the town council within ten days of the person’s notice of the DDES’s adverse action on the petition for reconsideration, or within ten days of the person’s notice of the issuance of the order following the show cause hearing, as the case may be. (2)Failure to submit a timely written appeal to the town council shall be deemed to be a waiver of further administrative review. (3)In its written appeal to the town council, the appealing party shall indicate the particular provisions of the order objected to, the particular determinations of the DDES that are contested, the reasons that the DDES’s order and/or determinations are contested, and any alternative order that the appealing party would accept. (4)The effect of the DDES’s order, as issued or modified, shall not be stayed pending the appeal to the town council, unless the town council expressly so states. (5)Within 30 days of the submittal of a written appeal to the town council, the town council shall hear and consider the appeal in open meeting. The appellant shall be notified at least three days in advance of the date and time of the town council meeting at which the appeal will be heard and considered. (6)The appellant shall have the right to public appearance before the town council to present oral and written statements in support of his/her appeal. If the town council wishes to consider testimony of witnesses or other evidence beyond that in the record of any hearing before the DDES, the town council may remand the matter to the DDES for the taking of additional testimony or other evidence. (7)Upon consideration of any written and oral statements made to the town council, as well as the record made before the DDES, the town council shall act on the appeal by affirming, vacating, or modifying the order of the DDES, and/or by remanding the matter to the DDES for further action. (8)Following final action by the town council on the appeal, any adversely affected party may challenge such action by the town council in an appropriate court of competent jurisdiction. Sec. 13.12.13 Judicial enforcement remedies (a)Civil remedies (1)Whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to: Item 4f Ordinance No. 16-___, Page 31 a.The preservation of public safety, relating to the materials or methods used in construction of any structure or improvement of real property; b.The preservation of public health or to the fire safety of a building or other structure or improvement; c.The establishment of criteria for land subdivision or construction of buildings, including street design; d.Dangerous damaged or deteriorated structures or improvements; e.Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or f.Point source effluent limitations or the discharge of a pollutant, other than from a nonpoint source, into the MS4. The town may invoke V.T.C.A., Local Government Code secs. 54.011-54.017, as amended, and petition the state district court or the county court at law of Collin or Denton County, through the town attorney, for either the injunctive relief specified in subsection (a)(2), or the civil penalties specified in subsection (a)(3) below, or both the specified injunctive relief and civil penalties. (2)Pursuant to V.T.C.A., Local Government Code sec. 54.016, as amended, the town may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that: a.Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsections (a)(1)a-f. above; or b.Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsections (a)(1)a-f. above. (3)Pursuant to V.T.C.A., Local Government Code sec. 54.017, as amended, the town may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsections (a)(1)a-e. above, and a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (a)(1)f. above, if the town proves that: a.The defendant was actually notified of the provisions of the ordinance; and b.After the defendant received notice of the ordinance provisions, the defendant committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance. (b)Criminal penalties Item 4f Ordinance No. 16-___, Page 32 (1)Any person, who has violated any provision of this article, or any order issued hereunder, shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state, except as expressly provided herein, and shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day, or any greater fine authorized by state statute. (2)Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day, or any greater fine authorized by state statute. (3)In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires. (c)Civil suit under the Texas Water Code. Whenever it appears that a violation or threat of violation of any provision of V.T.C.A., Water Code sec. 26.121, as amended, or any rule, permit, or order of the Texas Water Commission, has occurred or is occurring within the jurisdiction of the Town of Prosper, exclusive of its extraterritorial jurisdiction, the town, in the same manner as the Texas Water Commission, may have a suit instituted in a state district court through its town attorney for the injunctive relief or civil penalties or both authorized in V.T.C.A., Water Code sec. 26.123(a), as amended, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to V.T.C.A., Water Code sec. 26.124, as amended. In any suit brought by the town under this subsection (c), the Texas Water Commission is a necessary and indispensable party. (d)Remedies nonexclusive. The remedies provided for in this article are not exclusive of any other remedies that the town may have under state or federal law or other town ordinances. The town may take any, all, or any combination of these actions against a violator. The town is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently. Sec. 13.12.14 Supplemental enforcement action (a)Performance bonds. The DDES may, by written notice, order any owner or operator of a source of storm water discharge associated with construction or industrial activity to file a satisfactory bond, payable to the town, in a sum not to exceed a value determined by the DDES to be necessary to achieve consistent compliance with this article, any order issued hereunder, any required best management practice, and/or any SWPPP provision, and/or to achieve final stabilization of the site. The town may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other town permit or approval necessary to commence or continue construction or any industrial activity at the site, or to assume occupancy, until such a performance bond has been filed. Item 4f Ordinance No. 16-___, Page 33 (b) Liability insurance. The DDES may, by written notice, order any owner or operator of a source of storm water discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount not to exceed a value determined by the DDES, that is sufficient to remediate, restore, and abate any damage to the MS4, the waters of the United States, or any other aspect of the environment that is caused by the discharge. (c) Public nuisances. A violation of any provision of this article, or any order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the DDES. Any person(s) creating a public nuisance shall be subject to the provisions of the Town Code governing such nuisances, including reimbursing the town for any costs incurred in removing, abating, or remedying said nuisance. Sec. 13.12.15 Construction activities in right-of-way The following is required for all construction activity within public right-of-way dedicated to an agency such as the town, county or state or all construction activity within right-of-way dedicated to a homeowners association, except for construction activity performed by or for the agency responsible for the right-of -way: (1) At the end of each workday, the street shall be free of pollutants originating from the construction site. (2) No loose material may be placed or stored in right-of-way without sufficient BMPs installed and maintained to prevent any discharge to pavement or other drainage conveyance. (3) Sediment controls may not be placed on or near inlets or on pavement unless the control: a. Does not impede the flow of water or traffic; and b. Does not create siltation on pavement. (4) A minimum 8.5" x 11" approved town storm water placard shall be posted and made visible on the construction site. Division 3. Storm Water Feature Maintenance Sec. 13.12.16 General provisions (a) Purposes. The purposes and objectives of this article are as follows: (1) To address storm water runoff from the construction of new development and redevelopment projects that will disturb land and discharge into the small MS4 by regulating storm water features. (2) To enable the town to comply with all federal and state laws and regulations applicable to post construction runoff. Item 4f Ordinance No. 16-___, Page 34 (b)Administration. Except as otherwise provided herein, the Director of Engineering Services (DDES) shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon these people may be delegated to other town personnel. Sec. 13.12.17 General requirements (a)The owner of any storm water feature shall have full responsibility for maintenance activities so that the storm water feature remains in good working order. (b)The maintenance activities shall be performed according to the below guidelines with the first applicable item to serve as the prevailing guideline: (1)Documents submitted to and reviewed by the town, and filed at the county with the property that establish the maintenance activities for the storm water feature, if available. (2)The manufacturer’s recommended maintenance activities if the storm water feature was manufactured. (3)Generally accepted maintenance activities suitable in the North Texas Region, if available. (4)Generally accepted maintenance activities. (c)Maintenance activities resulting in the following are prohibited: (1)Increased erosion potential; (2)Decreased bank stability; (3)Increased flooding potential; (4)Increased pollutants; (5)Unnecessary disturbance of vegetation and riparian areas; or (6)Increased proliferation of invasive species. Sec. 13.12.18 Notice of violation (a)In the event any owner, tenant, agent or person responsible for or claiming or having supervision or control over real property governed by this article fails to comply with the provisions of this article, the town, by and through the DDES or designee shall give notice of the violation to such owner. Such notice shall be given in any one of the following ways: (1)Personally to the owner in writing; Item 4f Ordinance No. 16-___, Page 35 (2)By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or (3)If personal service cannot be obtained: a.By publication in the town’s official newspaper at least once; b.By posting notice on or near the front door of each building on the property to which the violation relates; or c.By posting a notice to a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (b)If the town mails a notice to the owner in accordance with subsection (a), and the United States Postal Service returns the notice as “refused,” “unclaimed,” or if the address required by subsection (a)(2) was used and the notice is returned as “not deliverable as addressed” (or an equivalent marking), the validity of the notice is not affected, and the notice is considered as delivered. (c)In a notice provided under this section, the town may inform the owner by regular mail and a posting on the property that if the owner commits another violation of the same kind or nature on or before the anniversary of the date of the notice, the town, without further notice, may correct the violation at the owner’s expense and assess the expense against the property or issue citations. If a violation covered by a notice under this subsection occurs within one (1) year, and the town has not been informed in writing by the owner of an ownership change, then the town, without notice, may take any action permitted by the Citations section below and assess its expenses as provide in the Assessment of expenses section below. Sec. 13.12.19 Citations; Work or improvements by the town; charges against owner If the owner fails or refuses to comply with the demand for compliance in the notice within ten (10) days of such notice, the town may: (1)Issue citations; and (2)Do the work or make the improvement required, pay for the work done or improvements made and charge the expenses to the owner of the property as provided herein. The property owner will have twenty (20) days to reimburse the town from the completion date of such work to abate the violation(s) at the property. Sec. 13.12.20 Assessment of expenses; lien (a)In the event the owner fails or refuses to pay such expenses charged to the owner, within twenty (20) days after the abatement work is completed, a lien may be obtained. The lien Item 4f Ordinance No. 16-___, Page 36 and other expenses incurred by the town may be filed against the property. Expenses will include, but are not limited to the following: (1)Fees for service work to abate violation(s); (2)Fees to file lien; (3)Fees to release lien; (4)Postage fees; (5)Courier fees; (6)Legal fees; and (7)Any other fees charged to the Town. (b)To obtain a lien, the town shall file a statement of the expenses incurred to correct the condition of the real property with the county clerk of the county in which the property is located. The statement must also state the name of the owner, if known, and the legal description of the property. The lien attaches upon filing of the statement with the county clerk. (c) The town’s lien shall be a prior lien on such property, second only to tax liens and liens for street improvements. The lien amount shall include simple interest, which shall accrue at the rate of ten percent (10%) per annum on the date of the expenses were incurred by the town. The town may bring suit for foreclosure to recover the expenditures and the interest due. Sec. 13.12.21 Right of entry; Inspection The owner shall grant the town a right of entry in the event that the DDES has reason to believe it has become necessary to inspect, monitor, maintain, repair, reconstruct, or discontinue the use of storm water features and/or structural BMPs; however, in no case shall the right of entry, of itself, confer an obligation on the town to assume responsibility for the storm water feature and/or structural BMPs. (1)Where an owner has security measures in force which require proper identification and clearance before entry into its premises, the owner shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the town will be permitted to enter without unreasonable delay for the purposes of performing his/her responsibilities. (2)The town shall have the right to set up on the owner’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the owner’s operations. (3)Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the owner at the written or verbal request of the town and shall not be replaced. The costs of clearing such access shall be borne by the owner. Item 4f Ordinance No. 16-___, Page 37 (4)Unreasonable delays in allowing the town access to the owner’s premises shall be a violation of this article. Division 4. Sediment and Siltation Control Sec. 13.12.22 Owner responsibility It is the responsibility of each property owner within the municipal limits of the town to take appropriate measures to control the erosion and siltation of soil materials from the owner’s property. The owner shall not allow water runoff to transport silt, earth, topsoil, etc., from the owner’s property to others properties or on to town streets, drainage easements, drainage facilities or storm drains. The property owner shall be responsible for damages to others created by the actions of builders, contractors, developers and others performing construction or other activities on the owner’s property which create conditions that cause or aggravate erosion. Sec. 13.12.23 Contractor responsibility Plans and specifications prepared for construction of improvements shall address suggested erosion/siltation control measures and techniques to assist the contractor in implementing a suitable program to control erosion. The town shall not be required to approve and may, in the town’s discretion, deny approval of plans and specifications based upon the town’s opinion as to the suitability of erosion measures submitted. The contractor shall take whatever measures are necessary to control and limit the transport of silt, earth, topsoil, etc., from the site of construction, including, but not limited to, the erosion/siltation control measures and techniques provided on the plans and specifications. The contractor shall, upon completion of his work, leave the owner’s property in a condition that minimizes the transportation of the owner’s silt, earth, topsoil, etc. Sec. 13.12.24 Town approval The town, through its building officials, town engineers and inspectors, may refuse to issue approvals or permits, including plats, drainage studies, plans and specifications, building permits, interim inspections, acceptance of maintenance of completed construction of public streets or storm drainage facilities or certificates of occupancy if, at the time the approval or permit is sought, the owner, developer and/or contractor does not have in place adequate erosion/siltation control measures. Sec. 13.12.25 Penalty Any person, firm, company, partnership, corporation or association violating any provision of this article shall be deemed to be guilty of a misdemeanor and upon conviction thereof, shall be fined in the sum of not more than $500.00 for each such conviction, and each and every day such violation continues shall constitute a separate offense.” SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for Item 4f Ordinance No. 16-___, Page 38 any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5 This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. APPROVED: __________________________________ Ray Smith, Mayor ATTEST: ______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 4f Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached are the Preliminary Site Plans and Site Plans acted on by the Planning & Zoning Commission at their November 15, 2016, and December 6, 2016, meetings. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary Site Plan for La Cima Crossing, Phase 2 2. Site Plan for Town Hall 3. Site Plan for Frontier Park North 4. Site Plan for Texas Bank (re-approval) 5. Site Plan for Childrens Lighthouse 6. Site Plan for Texas Roadhouse (Gates of Prosper) Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) La Cima Crossing, Phase 2 Preliminary Site Plan North side of US 380, 750± feet west of La Cima Boulevard 11,323 square feet and 12,706 square feet Two retail / office shell buildings State Farm & Unknown Town Hall Site Plan Northwest corner of Second Street and Main Street 52,770 square feet Governmental Office / Library Town of Prosper Prosper is a place where everyone matters. PLANNING Item 4g Page 2 of 2 Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Frontier Park North Site Plan South side of Frontier Park, 2,500± feet east of Dallas Parkway N/A Athletic Fields N/A Texas Bank Site Plan Northwest corner of First Street and Preston Road 31,014 square feet Bank Texas Bank Childrens Lighthouse Site Plan East side of Preston Road, 2,400± feet south of Prosper Trail 11,120 square feet Child Day Care Center Childrens Lighthouse Day Care Texas Roadhouse Site Plan East side of Preston Road, 620± feet north of US 380 7,420 square feet Restaurant Texas Roadhouse Restaurant Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Item 4g U.S. HIGHWAY 380 RICHLAND BOULEVARD Town of Prosper, Texas Edward Bradley Survey, Abstract No. 86 STATE FARM LA CIMA Block A, Lots 1 & 2131 S. Tennessee St.McKinney, Texas 75069 972.562.4409 PR E L I M I N A R Y S I T E P L A N ’ ’ Item 4g SB SBSBSBSBSBSBSB SB SB SB SB SB S B S B S B S B S B S B S B S B SB SBSBSBSBSBSBSBSBSBSBSB S B S B S B S B S B S B S B S B S B EAS EASEASEASEASEASEASEASEASEAS EAS EASEASEASEAS FL FLFLFLFL F L F L F L F L F L FL FLFLFLFLFLFL F L F L F L F L F L F L FL FLFLFLFLFL F L F L F L F L F L F L F L FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFL S B S B WE S T 2 N D S T R E E T FINISH FLOOR ELEVATION 100'-0" FINISH FLOOR ELEVATION PER CIVIL DRAWINGS 668'-5 3/4" CONSTRUCTION ENTRANCE SJSJSJSJ SJ SJ SC SCSE SE SE SC SE SE SE SE SG SG SG SG SE SE SE SE SE SE SE SE SE SE SE SE SC SG SG SC SK SE SE SG SG SG SG SF SB SB SB SB SISI SISI SI SI SI SI SI SISI SISI SI 3 6 7 6 5 3 5 4 11 12 10 11 12 98 4 4 10 5 8 10 8 7 3 55 5 SC A1.21 8 Sim A1.21 9 SU P P L I E S LO A D I N G Z O N E PROPOSED TOWN HALL AND LIBRARY AL L E Y 32 13 19 F 32 17 26 A32 13 19 F 33 41 00 A 32 17 23 C 32 00 00 B 05 50 00 D 32 13 19 G 10 99 00 C 05 50 00 D 32 17 23 A 32 16 13 A 32 17 23 D 32 13 19 A 32 13 19 E 32 13 19 D 32 13 19 C 10 14 00 E 32 13 19 H 32 17 26 A 10 14 00 D 10 14 00 D 32 17 26 A 32 13 13 B 32 13 19 C 32 17 23 D 32 13 13 B 32 16 13 B 32 13 19 F 32 17 26 A 32 00 00 F 32 17 26 A 32 13 19 F 32 13 19 G 10 14 00 F 10 14 00 D 32 13 19 F 10 14 00 E 10 75 16 A 32 00 00 D 32 00 00 C 32 13 19 J 32 17 26 A 32 14 13 A 32 00 00 C 32 00 00 D 10 75 16 A 32 13 19 C 32 00 00 E32 00 00 E 26 00 00 A 32 13 19 C 32 00 00 E 32 13 19 G 32 00 00 C 33 11 00 C 32 13 13 B 33 41 00 A 32 16 13 B 33 41 00 A 33 41 00 A 27 05 43 A 27 05 43 A SUPPLIES LOADING ZONE 32 00 00 C32 00 00 C32 00 00 C 32 00 00 B32 00 00 B32 00 00 B 32 17 23 D 32 13 19 H 32 13 19 C 32 00 00 A32 00 00 A 32 00 00 B32 13 19 K 05 50 00 D 05 50 00 D 32 13 19 F 33 11 00 B 33 11 00 A 26 32 13 A 05 50 00 D05 50 00 D05 50 00 D05 50 00 D05 50 00 D05 50 00 D 32 13 19 F 32 17 26 A 32 13 19 F 32 13 19 H 32 13 19 J 32 13 19 J 1 SOUTH CROCKETT STREET 4 4 T Y P . R 3 0 ' - 0 " T Y P . 9' - 0 " 25 ' F R O N T Y A R D S E T B A C K 5' SIDE YARD SETBACK 10 ' R E A R Y A R D S E T B A C K 15' SIDE YARD SETBACK 30' - 0" 32 13 19 J 32 00 00 F 1112 4 10 9 26 56 00 B 10'-0" ALLEY R.O.W. 30'-0" PROPOSED 26 56 00 H 15 ' - 0 " 3 33 11 00 A 33 11 00 A 33 11 00 A 32 13 13 B 10 99 00 D 32 13 19 C32 13 19 C 26 56 00 A 32 00 00 B32 00 00 B32 00 00 B 32 17 23 D 10 14 00 E 32 13 19 F 32 17 23 A 32 13 19 F 32 17 26 A 33 41 00 A 33 41 00 A32 17 23 D 26 56 00 F 2 33 41 00 A 32 13 19 C 25'-0" M.H. 33 11 00 A 2 26 56 00 E SF 26 56 00 E 26 56 00 G 26 56 00 G 26 56 00 G 26 56 00 G 2 26 56 00 D 32 13 19 C 32 13 19 D 32 13 19 E M.H. 32 13 19 H 32 13 19 F 32 13 19 F 26 56 00 C 2 ROLL CURB 10 14 00 D10 14 00 D 26 56 00 G DN DN DN DN DN ALLEY WIDTH 24'-0" PROPOSED 5 32 17 26 A 6 5 5 6 7 7 7 7 1 2 3 4 5 6 1 2 3 4 5 6 A B C D E A B C D E PROJECT TEAM ISSUE DATE: SHEET NO. PROJECT NO.: THIS DRAWING HAS BEEN PREPARED UNDER THE DIRECTION OF RANDALL B. SCOTT, TEXAS LICENSE #9799, AND IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. PRINCIPAL: PROJ. ARCH.: PROJ. COOR.: DRAWN BY: Q.C.: 9/ 2 7 / 2 0 1 6 4 : 4 3 : 2 8 P M C : \ U s e r s \ p s a n t o s \ D o c u m e n t s \ R e v i t B a c k u p s \ 1 5 5 0 . 0 0 P r o s p e r T o w n H a l l _ p s a n t o s @ r s a r c h i t e c t s . c o m . r v t A1.01 SITE PLAN ED BAILEY, AIA 1550.00 R. SCOTT, AIA D. DOLAN-WALLACE, AIA E. BROWNE P. SANTOS © SEPT, 30TH 2016 TO W N O F P R O S P E R TO W N H A L L / M U L T I - P U R P O S E F A C I L I T Y WE S T S E C O N D S T . A N D S O U T H C R O C K E T T S T . P R O S P E R , T X 7 5 0 7 8 100% CONSTRUCTION DOCUMENTS SITE PLAN GENERAL NOTES A. REFER TO CIVIL ENGINEERING PLANS AND MEP SITE PLANS FOR BALANCE OF INFORMATION. B. PROVIDE LIGHT BROOM FINISH @ SIDEWALKS, U.N.O. C. REFER TO CIVIL DRAWINGS FOR PAVING, CURB AND SIDEWALK DETAILS. PROVIDE CONTROL JOINTS IN SIDEWALKS @ 5'-0" O.C. MAXIMUM AND EXPANSION JOINTS @ 20'-0" MAXIMUM. D. SAVE EXISTING TREES WHERE SHOWN. PROTECT ROOTS, WATER AND PROVIDE BARRICADE TO KEEP TRAFFIC OUT OF DRIP LINES. E. REFER TO GEOTECHNICAL REPORT, CIVIL AND STRUCTURAL DRAWINGS FOR REQUIREMENTS FOR SOIL PREPERATION. G. REFER TO LANDSCAPE DRAWINGS FOR IRRIGATION SYSTEM. H. VERIFY LOCATION'S OF ALL UTILITIES PRIOR TO DEMOLITION EXCAVATION. REPAIR UTILITIES DAMAGED BY CONSTRUCTION ACTIVITIES OF NO ADDED COST TO OWNER. J. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE WORK OF ALL UTILITY COMPANIES AND PERFORMING ALL WORK REQUIRED BY THEM. K. THE CONTRACTOR IS RESPONSIBLE FOR ENSURING PROPER COMPACTION OF UTILITY COMPANY TRENCHES. L. SITEWORK IS TO BE PERFORMED IN THIS CONTRACT. CONTRACTOR IS RESPONSIBLE FOR COORDINATING ALL WORK INDICATED ON THE CIVIL DRAWINGS AND ARCHITECTURAL DRAWINGS SO AS TO PROVIDE A COMPLETE AND FINISHED TRANSITION FROM ARCHITECTURAL TO CIVIL WORK. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ARCHITECT OF ANY DISCREPANCIES PRIOR TO COMMENCEMENT OF WORK. ADDITIONAL COSTS WILL NOT BE AWARDED FOR CORRECTIONS AFTER WORK HAS COMMENCED. M. TRANSFORMER PAD IS PART OF THE GENERAL CONTRACT. CONSTRUCTION TO BE PER UTILITY COMPANY REQUIREMENTS. N. SHORE AND BRACE ALL EXCAVATIONS IN ACCORDANCE WITH CITY, STATE, AND O.S.H.A. REQUIREMENTS. O. ALL HAND RAILS ARE TO BE STAINLESS STEEL. P. FIELD VERIFY ALL CONDITIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION AND INSTALLATION. Q. CONTRACTOR TO PROTECT ALL EXISTING ABOVE AND BELOW GRADE UTILITIES. CONTRACTOR WILL REPAIR ALL DAMAGE TO EXISTING CONDITION. R. PROVIDE ALL DEMOLITION WORK REQUIRED TO INSTALL ALL THE WORK WHETHER INDICATED OR NOT. S. ALL WALKS SHALL BE SLOPED 5% MAXIMUM IN THE DIRECTION OF TRAVEL AND 2% ON CROSS SLOPES. ALL LANDINGS AND ACCESSIBLE PARKING SPACES SHALL NOT EXCEED 2% IN ALL DIRECTIONS. T. AT STRUCTURES, TREAT SOILS FOR TERMITE CONTROL. KEY NOTES 05 50 00 D METAL FABRICATIONS: CONCRETE FILLED GALVANIZED STEEL PIPE BOLLARD ~ PAINT 10 14 00 D SIGNAGE: RESERVED ACCESSIBLE PARKING SIGN 10 14 00 E SIGNAGE: VAN ACCESSIBLE RESERVED ACCESSIBLE PARKING SIGN 10 14 00 F SIGNAGE: MASONRY MONUMENT SIGN 10 75 16 A FLAGPOLES: FLAGPOLE 10 99 00 C MISCELLANEOUS SPECIALTIES: EXTERIOR BOOK DROP 10 99 00 D MISCELLANEOUS SPECIALTIES: EXTERIOR PAYMENT DROP BOX 26 00 00 A DIVISION 26: ELECTRICAL TRANSFORMER. 26 32 13 A ENGINE GENERATORS: EMERGENCY ELECTRICAL GENERATOR 26 56 00 A EXTERIOR LIGHTING: WALKWAY LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 B EXTERIOR LIGHTING: PARKING LOT LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 C EXTERIOR LIGHTING: MONUMENT SIGN LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 D EXTERIOR LIGHTING: POOL LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 E EXTERIOR LIGHTING: FLAG POLE LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 F EXTERIOR LIGHTING: STEP LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 G EXTERIOR LIGHTING: COLUMN UP LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 26 56 00 H EXTERIOR LIGHTING: TREE UP LIGHT FIXTURE, TYPICAL. REFER TO SCHEDULES. 27 05 43 A UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS: PULL BOX. REFER TO COMMUNICATION AND ELECTRICAL DRAWINGS. 32 00 00 A EXTERIOR IMPROVEMENTS: LIMESTONE BLOCK RETAINING WALLS. REFER TO LANDSCAPE DRAWINGS. 32 00 00 B EXTERIOR IMPROVEMENTS: CONCRETE PLANTER WITH STONE OR CAST STONE TRIM. REFER TO CIVIL ENGINEERING DRAWINGS. 32 00 00 C EXTERIOR IMPROVEMENTS: DEISGN-BUILD POOL, FOUNTAIN, LIGHTS, PUMPS AND FILTERS AND FOUNDATION SYSTEM. REFER TO LANDSCAPE AND CIVIL ENGIEERING DRAWINGS AND TO THE GEOTECHNICAL REPORT. 32 00 00 D EXTERIOR IMPROVEMENTS: PREFABRICATED CONCRETE PLANTER BOWL. REFER TO LANDSCAPE DRAWINGS. 32 00 00 E EXTERIOR IMPROVEMENTS: CONCRETE RETAINING WALL WITH STONE OR CAST STONE TRIM. REFER TO CIVIL ENGINEERING DRAWINGS. 32 00 00 F EXTERIOR IMPROVEMENTS: LANDSCAPE EDGING. REFER TO LANDSCAPE DRAWINGS. 32 13 13 B PORTLAND CEMENT CONCRETE PAVING: CONCRETE PAVING. REFER TO CIVIL ENGINEERING DRAWINGS. 32 13 19 A LANDSCAPE CONCRETE PAVING: 4" THICK REINFORCED CONCRETE MOW STRIP 32 13 19 C LANDSCAPE CONCRETE PAVING: 4" THICK REINFORCED CONCRETE SIDEWALK WITH LIGHT BROOM FINISH 32 13 19 D LANDSCAPE CONCRETE PAVING: SIDEWALK AND MOW STRIP CONTROL JOINTS 5'-0" ON CENTER MAXIMUM 32 13 19 E LANDSCAPE CONCRETE PAVING: SIDEWALK AND MOW STRIP EXPANSION JOINTS 20'-0" ON CENTER MAXIMUM 32 13 19 F LANDSCAPE CONCRETE PAVING: CURB RAMP TO SLOPE 5% MAXIMUM 32 13 19 G LANDSCAPE CONCRETE PAVING: 6" THICK REINFORCED CONCRETE MOUNTING PAD 32 13 19 H LANDSCAPE CONCRETE PAVING: BACK CURB, TYPICAL AT CURB RAMP 32 13 19 J LANDSCAPE CONCRETE PAVING: CONCRETE STEPS. REFER TO LANDSCAPE DRAWINGS 32 13 19 K LANDSCAPE CONCRETE PAVING: 6" THICK REINFORCED CONCRETE MOUNTING PAD 32 14 13 A PRECAST CONCRETE UNIT PAVING: PRECAST CONCRETE UNIT PAVING REFER TO LANDSCAPE DRAWINGS. 32 16 13 A CONCRETE CURB AND GUTTER: CONCRETE CURB AND GUTTER REFER TO CIVIL DRAWINGS. 32 16 13 B CONCRETE CURB AND GUTTER: GUTTERWAY. REFER TO CIVIL DRAWINGS. 32 17 23 A PAVEMENT MARKINGS: STALL STRIPING. REFER ALSO TO SECTION 00 089 00 32 17 23 C PAVEMENT MARKINGS: CROSS WALK STRIPING REFER ALSO TO SECTION 00 089 00 32 17 23 D PAVEMENT MARKINGS: FIRE LANE MARKING. REFER ALSO TO SECTION 00 089 00 32 17 26 A TACTILE WARNING SURFACE: TACTILE WARNING SURFACE 33 11 00 A WATER CONDUIT INSTALLATION: FIRE HYDRANT. REFER TO CIVIL DRAWINGS 33 11 00 B WATER CONDUIT INSTALLATION: FIRE DEPARTMENT CONNECTION. REFER TO CIVIL DRAWINGS AND FIRE PROTECTION SHOP DRAWINGS 33 11 00 C WATER CONDUIT INSTALLATION: WATER METER VAULT. REFER TO CIVIL DRAWINGS 33 41 00 A STORM SEWER INSTALLATION: CURB INLET. REFER TO CIVIL DRAWINGS SITE PLAN ACTION NOTES 1 REFER TO ALTERNATE #15 FOR ALTERNATE LOCATION FOR ELECTRICAL TRANSFORMER, EMERGENCY GENERATOR AND POOL PUMPS/FILTERS 2 NOTE TRANSITION FROM BUILDING TO SITE PAVING. 3 REFER TO ALTERNATE #14 FOR CONDUITS AND PULLBOXES ON SITE TO CONNECT TELECOMMUNICATIONS TO POLICE CENTER JUNCTION POINT 4 REFER TO ALTERNATE #6 FOR POOL AND POOL LIGHTING THIS AREA 1" = 20'-0"1 SITE PLAN 0' 10' 20'40' PLAN NORTHTRUE NORTH SITE LIGHTING FIXTURE SCHEDULE TYPE MANUFACTURER MODEL LAMP DESCRIPTION VOLTS WATTS COMMENTS SA LITHONIA MR2-LED-60C-1000-4K-T5M-MVOLT-SPA-DNAXD SSS-27.5-4G-DM19AS-BC-DNA INTEGRAL LED- 4000K SINGLE HEAD LED PARKING LOT FIXTURE ON 14 FT DECORATIVE POLE 277 V 206 W SB LITHONIA MR2-LED-60C-1000-4K-T5M-MVOLT-SPA-DNAXD SSS-27.5-4G-DM28AS-BC-DNA INTEGRAL LED- 4000K TWIN HEAD LED PARKING LOT FIXTURE ON 12 FT DECORATIVE POLE 277 V 412 W SC QUATTRO FIX #TER130-L3-140LEDL4.0-277-COLTX-PA2-F3 POLE #AP5C-12-BQ120-COLTX-PTR4-F2 INTEGRAL LED- 4000K SINGLE HEAD LED PEDESTRIAN 12FT DECORATIVE POLE 277 V 280 W SD BEGA 77 537-SLV-549 INTEGRAL LED- 4000K ILLUMINATED BOLLARDS 277 V 39 W GROUND MOUNTED SE BEGA 2132LED-K4 INTEGRAL LED- 4000K STEP LIGHTING 277 V 10 W SF BK LIGHTING TY2-LED-X45-NSP-SAP-D31-MT INTEGRAL LED- 4000K FLAG POLE UP LIGHTING 277 V 31 W SG SISTEMALUX S.85303-277-19 INTEGRAL LED- 3200K UPLIGHTING AT COLUMNS AT ENTRIES 227V 18 W SI MOONVISION BR30-120V-USR30-BZT//LEDMV-120-R30-14W-5000K/40/FL-MV INTEGRAL LED- 5500K UPLIGHTING FOR LARGE TREES 120 V 52 W SJ / L.5 WEIDMARK 168 WHITE LED LINEAR INTEGRAL LED WATER FEATURE 120 V ?? PER LANDSCAPE PLANS SITE IMPROVEMENT REQUIREMENTS . ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION 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. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE WORK OF ALL UTILITY COMPANIES AND PERFORMING ALL WORK REQUIRED BY THEM. 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. 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. SITE DATA SUMMARY TABLE ZONING DOWN TOWN OFFICE (DTO) PROPOSED USE TOWN HALL / LIBRARY LOT AREA (EXCLUDING RIGHT-OF-WAY)4.02 ACRES BUILDING AREA (GROSS SF)52,770 SF BUILDING HEIGHT (FEET AND # OF STORIES)54 FEET; 3 STORIES LOT COVERAGE 4.02 ACRES FLOOR AREA RATIO (COMMUNITY CENTER/LIBRARY)10 SPACES PER FIRST 2000 SF; 1 SPACE PER 300 SF AFTER THAT (12,000 SF) FLOOR AREA RATIO (BUSINESS)1 SPACE PER 350 SF (40,570 SF) TOTAL PARKING REQUIRED (WITH RATIO)160 SPACES (44 COMMUNITY CENTER/LIBRARY + 116 BUSINESS) TOTAL PARKING PROVIDED 232 SPACES HANDICAP PARKING REQUIRED, INCLUDING VAN ACCESSIBLE 7 SPACES HANDICAP PARKING PROVIDED, INCLUDING VAN ACCESSIBLE 7 SPACES INTERIOR LANDSCAPING REQUIRED 3,495 SF (15 SF PER 232 PARKING SPACES) INTERIOR LANDSCAPING PROVIDED 19,559 SF SQUARE FOOTAGE OF IMPERVIOUS SURFACE 108,149 SF OPEN SPACE REQUIRED 12,264 SF (7% OF 175,202/4.02) OPEN SPACE PROVIDED 27,320 SF LEGEND LIMITS OF CONSTRUCTION FIRE LANE MARKINGFL EASEMENT LINEEAS SETBACK LINESB MAN HOLEM.H. PROPERTY LINE FIRE HYDRANTF.H. EXTERIOR CAMERA 5 ALTERNATE #1 SECURITY CAMERAS & POLE. REFER TO SECURITY DRAWINGS 6 ALTERNATE #4 EMERGENCY TELEPHONE. REFER TO TELECOMMUNICATIONS DRAWINGS. 6 ALTERNATE #1 ACCESS POINT. REFER TO TELECOMMUNICATIONS DRAWINGS Item 4g JOB NO. DRAWN BY: DESIGNED BY: CHECKED BY: DATE: SHEET: RE V I S I O N S DE S C R I P T I O N DA T E NO . FR O N T I E R P A R K NO R T H F I E L D I M P R O V E M E N T S B001485.002 OCTOBER 18, 2016 FR O N T I E R P A R K W A Y PR O S P E R , T E X A S RE V I S I O N S · · · RE V I S I O N S S A M I T J .P A T E L S TATE OF T E X A S 10/18/2016 NORTH FI N A L S I T E P L A N L1.00 SJP SJP SJP # # # # # # # # # # # # # # # FI L E N A M E : 1 4 8 5 P & Z S i t e P l a n . d w g PL O T T E D B Y : P a t e l , S a m i t PL O T T E D O N : W e d n e s d a y , O c t o b e r 1 9 , 2 0 1 6 PL O T T E D A T : 5 : 0 7 : 1 9 P M GRAPHIC SCALE 1 inch = 80' 800 160 Item 4g Item 4g Item 4g Item 4g Page 1 of 8 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend a portion of Planned Development-40 (PD-40), on 11.9± acres, located on the west side of Windsong Parkway, 400± feet north of US 380, to allow for the development of a big box home improvement retail store (The Home Depot). (Z16-0016). History: At the October 4, 2016, Planning & Zoning Commission meeting, the case was tabled to the November 15, 2016, meeting, to allow the applicant an opportunity to meet with the neighboring Windsong Ranch property owners to address their concerns regarding the proposed development. As a result, the applicant has provided a letter detailing the discussions with the adjacent neighborhood, and the neighborhood has provided a letter in support for this request. Both letters are attached for reference. 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-40- Mixed Use Undeveloped US 380 District North Planned Development-40- Mixed Use Undeveloped US 380 District East Planned Development-40- Mixed Use Undeveloped US 380 District South Planned Development-40- Mixed Use and City of Frisco Undeveloped US 380 District and City of Frisco West Planned Development-40- Mixed Use Undeveloped US 380 District Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 8 Requested Zoning – This is a request to amend a portion of PD-40 to allow for the development of Home Depot. The request requires approval of a PD amendment due to deviations to various Zoning standards as described below. Development is proposed in accordance with Exhibit C (development standards), Exhibit D (conceptual development plan), Exhibit F (conceptual architectural elevations), and Exhibit G (conceptual landscape plans). 1. Outdoor Sales and Display – The business model for The Home Depot requires significant areas devoted to the outdoor display of goods and landscape material for sale; however, the current PD limits the location of outdoor sales and display to within 25 feet of the adjacent Kroger Marketplace building specifically. The applicant is proposing outdoor sales and display of goods and materials for sale in front of the building, which are confined to the areas specifically identified on Exhibit D. As noted in Section #5 below, to mitigate the visual impacts of the outdoor sales and display areas, the applicant has proposed significant berming and landscaping along Windsong Parkway. The proposed outdoor sales and display areas also permits the temporary sale of seasonal goods. As shown on Exhibit D, the area to the southeast of the building along Windsong Parkway designates the seasonal sales area in the parking lot, which includes temporary metal fencing. Staff recommends the border for seasonal sales be more permanent in nature and consist of either ornamental metal or split rail fencing. The following picture is an example of typical outdoor sales and display: Item 6 Page 3 of 8 The following picture is an example of a typical seasonal sales area in the parking lot: 2. Outdoor Storage – Outdoor storage is another element of the operations of The Home Depot, to accommodate the outdoor storage of overstock material not for immediate sale. The applicant has proposed these areas in the rear of the building (north side), and to the east of the building along Windsong Parkway. These areas will be screened from the north by an 8’ masonry screen wall and landscaping. To mitigate concerns regarding the visual impact of the open storage located on the north side of the garden center nearest the public roadway, the applicant is relying on the significant berming and landscaping provided along Windsong Parkway. The following is a picture of typical outdoor storage of over-stock material: 3. Vehicle/Equipment Rental and/or Display, Incidental - Another element of The Home Depot’s functions is the rental and/or display of vehicles and equipment. The applicant is proposing this on the southwest portion of the site in the parking lot in the areas specifically identified. These functions include the following: • Truck/Trailer Parking Area – 1,200 square feet Item 6 Page 4 of 8 • Penske Rental Truck Parking Area – 1,200 square feet • Compact Power Area – 1,080 square feet • Trailer Display Area – 1,440 square feet • Specialty Parking Areas – 12 parking spaces including the “Pro Parking” and “Load & Go” stalls As noted below in #5, to mitigate the visual impacts of this area, the applicant is proposing a 4- foot screen wall with landscaping along the western and southern boundaries of this area. The following are pictures of typical vehicle/equipment rental and/or display areas: 4. Architectural Design and Materials – The applicant is proposing building elevations intended to complement the Kroger within the Windsong Ranch Marketplace development. To achieve this the applicant is proposing the following deviations to the current architectural standards: Item 6 Page 5 of 8 • The use of Quik Brik as a primary material, which is consistent with Kroger; • The allowance of a single material to exceed 80% of the rear elevation, which is consistent with Kroger; • The waiver of the requirement to have a 6’ recess/projection of each elevation over 200’ for 25% of the building, which is consistent with Kroger; and • The waiver of the requirement to have an articulation every 30’ on the rear elevation, which is consistent with Kroger. An exhibit displaying the front elevations of both The Home Depot and the Kroger Marketplace has been provided for reference. 5. Screening, Berming, and Landscaping – The proposed PD includes requirements for additional and reduced landscaping, berming, and screening, respectively, as follows: • Outdoor sales, display and storage areas – As shown on Exhibit G, along Windsong Parkway, the applicant is proposing 3-6 foot berms in conjunction with large trees and shrubs to screen the outdoor sales, display, and storage areas. The applicant is also proposing an 8’ masonry screening wall along the northern property line to screen these areas from the Windsong Ranch development. • Vehicle/equipment rental and/or display area – As shown on Exhibits D and G, the applicant is proposing to provide a 4-foot screening wall with shrubs on either side along the western and southern boundaries of the vehicle/equipment rental and/or display area located within the parking lot in the southwest portion of the property. • Garden center – The Development Standards (Exhibit C) include a provision limiting the stacking/storage of goods and materials within the garden center to no greater than 1’ from the top of the garden center wall. • Foundation plantings –The Zoning Ordinance requires foundation plantings along the front of a big box building, including one large tree per every 10,000 square feet, located within 30 feet of the building. The proposed big box would require fourteen trees along the front of the building. • Loading and Service areas – The Zoning Ordinance requires loading and service areas to be screened with a 14’ screening wall; however, since the applicant is proposing an 8’ screening wall along the northern property line, they have requested not to provide the 14’ wall. The neighboring Kroger has provided the 14’ screening wall, and staff recommends it be provided. 6. Parking – The proposed parking requirement for a retail use is one space per 250 square feet, which would result in 543 parking spaces. The applicant is proposing to provide parking for the big box at a ratio of one space per 450 square feet, which would result in 299 required parking spaces. The applicant has provided 328 parking stalls, which are exclusive of all outdoor sales and display areas, outdoor storage areas, vehicles/equipment rental and/or display areas, specialty parking areas, and the seasonal sales parking area located to the southeast of the building. Staff has also recommended that a provision be incorporated into the PD requiring ornamental metal cart return as opposed to typical galvanized steel returns. This requirement was included in the PD for Lowe’s. The applicant has not agreed to incorporate this standard. At the October 4th P&Z meeting, the applicant cited the need to move the cart corrals in the parking lot. But as seen in the second picture below, it appears the cart corrals at the Home Depot in Frisco are permanently installed. Item 6 Page 6 of 8 The following is a picture of a typical ornamental metal cart return: The following is a picture of a galvanized steel cart return at the Home Depot in Frisco: Item 6 Page 7 of 8 Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property. Thoroughfare Plan – The property is adjacent to US 380, a major thoroughfare. Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended to the property. Access – Access to the property will be provided from US 380 and Windsong Parkway. Schools – This property is served by the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – This property is not needed for the development of a park. Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Zoning is discretionary. Therefore, the Town Council is not obligated to approve the request. Notification was provided to neighboring property owners as required by state law. At the October 4, 2016, Planning & Zoning Commission meeting, staff received 59 Public Hearing Notice Reply Forms in opposition to the request. Subsequent to the October 4, 2016, meeting, the applicant met with residents of the neighborhood to address their concerns. As a result, a letter in support for the request was provided by the neighborhood for this request. Attached Documents: 1. Aerial and Zoning Maps 2. Proposed Exhibits A, B, C, D, E, F, and G 3. The Home Depot and Kroger Marketplace Comparison Elevation Exhibit 4. Applicant’s Summary Letter of Neighborhood Meeting 5. Letter of Support from the Neighborhood Planning & Zoning Commission Recommendation: At their November 15, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0, subject to: 1. Requiring permanent sleeves in the pavement for the proposed seasonal sales fencing; 2. Requiring heavy duty black metal cart returns with permanent sleeves in the pavement; and 3. Requiring a 14-foot screening wall for the loading area, constructed of a material consistent with the main building. Subsequent to the meeting, the applicant has not revised the request per the Planning & Zoning Commission’s recommendations. Staff supports the recommendations of the Planning & Zoning Commission, with the addition of requiring foundation plantings in accordance with the Zoning Ordinance. Town Staff Recommendation: Town staff recommends the Town Council approve the request to amend a portion of Planned Development-40 (PD-40), on 11.9± acres, located on the west side of Windsong Parkway, 400± feet north of US 380, to allow for the development of a big box home improvement retailer (The Home Depot), subject to: Item 6 Page 8 of 8 1. Requiring permanent sleeves in the pavement for the proposed seasonal sales fencing; 2. Requiring heavy duty black metal cart returns with permanent sleeves in the pavement; 3. Requiring a 14-foot screening wall for the loading area, constructed of a material consistent with the main building; and 4. Revising the PD to require foundation plantings in accordance with the Zoning Ordinance. Proposed Motion: I move to approve the request to amend a portion of Planned Development-40 (PD-40), on 11.9± acres, located on the west side of Windsong Parkway, 400± feet north of US 380, to allow for the development of a big box home improvement retailer (The Home Depot), subject to: 1. Requiring permanent sleeves in the pavement for the proposed seasonal sales fencing; 2. Requiring heavy duty black metal cart returns with permanent sleeves in the pavement; 3. Requiring a 14-foot screening wall for the loading area, constructed of a material consistent with the main building; and 4. Revising the PD to require foundation plantings in accordance with the Zoning Ordinance. Item 6 Z16-0016 UNIVERSITY DR WI N D S O N G P K W Y HO L L Y H O C K R D BLUE S T E M D R 0 160 32080 Feet ± Item 6 Z16-0016 UNIVERSITY DR WI N D S O N G P K W Y HO L L Y H O C K R D BLUE S T E M D R MPD-40 SFPD-40 M M SF SF THM 0 160 32080 Feet ± Item 6 C O N T A C T I N F O R M A T I O N O W N E R N O R T H E A S T 4 2 3 / 3 8 0 , L T D . 7 0 0 1 P R E S T O N R D S T E 4 1 0 D A L L A S , T X 7 5 2 0 5 - 1 1 8 7 A P P L I C A N T T H E H O M E D E P O T U S A , I N C . 3 8 0 0 W E S T C H A P M A N A V E N U E O R A N G E , C A 9 2 8 6 8 ( 7 1 4 ) 9 1 4 - 3 5 4 9 S U R V E Y O R T E R R A S U R V E Y I N G C O . , I N C T B P L S F I R M N O . 1 0 0 4 3 6 0 0 3 0 0 0 W I L C R E S T D R , - S U I T E 2 1 0 H O U S T O N , T X 7 7 0 4 2 ( 7 1 3 ) 9 9 3 - 0 3 2 7 P R O P E R T Y L I N E L E G E N D E X I S T I N G E A S E M E N T * E X I S T I N G E A S E M E N T * * S E E P L A N F O R E A S E M E N T F I L I N G I N F O R M A T I O N E X I S T I N G C O N T O U R E L E V A T I O N S H E E T O F L O C A T I O N M A P R . 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A L L D R I V E W A Y S , T U R N L A N E S A N D M E D I A N O P E N I N G S S H A L L M E E T T H E T O W N O F P R O S P E R ' S T H O R O U G H F A R E D E S I G N S T A N D A R D S A N D T X D O T S T A N D A R D S . 3 . I T I S T H E S O L E R E S P O N S I B I L I T Y O F T H E O W N E R T O C O N T A C T T H E T O W N O F P R O S P E R P L A N N I N G D E P A R T M E N T ( 9 7 2 - 3 4 6 - 3 5 0 2 ) F O R T H E T O W N ' S I N T E R P R E T A T I O N O F A L L Z O N I N G O R D I N A N C E S . N O T E S I . R . F . I R O N R O D F O U N D C . I . R . C A P P E D I R O N R O D ( C . M . ) C O N T R O L M O N U M E N T D O C . N O . D O C U M E N T N U M B E R P . R . D . C . T . P L A T R E C O R D S , D E N T O N C O U N T Y , T E X A S R . P . R . D . C . T . R E A L P R O P E R T Y R E C O R D S , D E N T O N C O U N T Y , T E X A S R I G H T O F W A Y I t e m 6 C O N T A C T I N F O R M A T I O N O W N E R N O R T H E A S T 4 2 3 / 3 8 0 , L T D . 7 0 0 1 P R E S T O N R D S T E 4 1 0 D A L L A S , T X 7 5 2 0 5 - 1 1 8 7 A P P L I C A N T T H E H O M E D E P O T U S A , I N C . 3 8 0 0 W E S T C H A P M A N A V E N U E O R A N G E , C A 9 2 8 6 8 ( 7 1 4 ) 9 1 4 - 3 5 4 9 S U R V E Y O R T E R R A S U R V E Y I N G C O . , I N C T B P L S F I R M N O . 1 0 0 4 3 6 0 0 3 0 0 0 W I L C R E S T D R , - S U I T E 2 1 0 H O U S T O N , T X 7 7 0 4 2 ( 7 1 3 ) 9 9 3 - 0 3 2 7 S H E E T O F L O C A T I O N M A P R . E . M A N A G E R P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' S C A L E 1 " = 6 0 ' 6 0 ' 1 2 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A 8 9 / 2 1 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 THIS SURVEY IS MADE FOR THE BENEFIT OF:THE HOME DEPOT U.S.A., INC., ANDREPUBLIC TITLEI, GEORGE COLLISON, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY TO THE AFORESAID PARTIES, AS OF THE DATE SET F O R T H BELOW, THAT I HAVE MADE A CAREFUL SURVEY OF A TRACT OF LAND DESCRIBED AS FOLLOWS:BEING A 11.865 ACRE (516,863 SQUARE FOOT) TRACT OF LAND SITUATED IN THE J.L. SATING SURVEY, ABSTRACT NUMBER 1675 IN THE T O W N O F PROSPER, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN CALLED 46.557 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL W A R R A N T Y DEED TO NORTHEAST 423/380, LTD. RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2014-64053 OF THE OFFICIAL PUBLIC REC O R D S O F DENTON COUNTY, TEXAS, (O.P.R.D.C.T.), WITH SAID TRACT ALSO BEING ALL OF LOT 10, BLOCK A AS DEPICTED ON THE PROPOSED CONVEYA N C E P L A T OF WINDSONG RANCH MARKETPLACE (CURRENTLY UNDER REVIEW WITH THE TOWN OF PROSPER), AND WITH SAID 11.865 ACRE (516,863 S Q U A R E FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:BEGINNING A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPED “SPIARSENG” (FURTHER REFERENCED AS “SPIARSENG CAP”) MAR K I N G T H E NORTHEAST CORNER OF SAID NORTHEAST 423/380 TRACT, BEING COMMON WITH A SOUTHEAST CORNER OF A REMAINING PORTION OF THAT C E R T A I N TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO TVG TEXAS I, LLC, A TEXAS LIMITED LIABILITY COMPANY, RECORDED UNDER C O U N T Y CLERK'S DOCUMENT NUMBER 2012-59927, O.P.R.D.C.T., WITH SAID IRON ROD BEING IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF WINDSONG P A R K W A Y SOUTH (HAVING A VARIABLE WIDTH R.O.W.), AND BEING IN A NON-TANGENT CURVE TO THE RIGHT, WITH THE RADIUS POINT BEING SITUATED S O U T H 8 4 DEGREES 20 MINUTES 19 SECONDS WEST AT A DISTANCE OF 203.50 FEET;THENCE NORTH 77 DEGREES 38 MINUTES 50 SECONDS EAST, DEPARTING SAID WEST R.O.W. LINE AND TRAVELING ACROSS THE R.O.W. OF W I N D S O N G PARKWAY SOUTH, A DISTANCE OF 32.08 FEET TO A POINT FOR CORNER IN THE CURVED CENTERLINE OF SAID R.O.W., WITH THE RADIUS POI N T B E I N G SITUATED SOUTH 77 DEGREES 38 MINUTES 50 SECONDS WEST AT A DISTANCE OF 611.00 FEET;THENCE IN A SOUTHERLY DIRECTION ALONG SAID CENTERLINE OF WINDSONG PARKWAY SOUTH, THE FOLLOWING THREE (3) COURSES:1)ALONG A NON-TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 23 DEGREES 36 MINUTES 08 SECONDS, HAVING A R A D I U S O F 611.00 FEET, A CHORD BEARING SOUTH 00 DEGREES 33 MINUTES 06 SECONDS EAST AT 249.92 FEET, AND AN ARC DISTANCE OF 251.69 F E E T T O A POINT OF REVERSE CURVATURE OF A TANGENT CURVE TO THE LEFT, WITH THE RADIUS POINT BEING SITUATED SOUTH 78 DEGREES 45 M I N U T E S 02 SECONDS EAST AT A DISTANCE OF 797.00 FEET;2) ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25 DEGREES 56 MINUTES 28 SECONDS, HAVING A RADIUS OF 797.0 0 F E E T , A CHORD BEARING SOUTH 01 DEGREES 43 MINUTES 16 SECONDS EAST AT 357.78 FEET, AND AN ARC DISTANCE OF 360.85 FEET TO A P O I N T O F REVERSE CURVATURE OF A TANGENT CURVE TO THE RIGHT, WITH THE RADIUS POINT BEING SITUATED SOUTH 75 DEGREES 18 MI N U T E S 2 9 SECONDS WEST AT A DISTANCE OF 1,050.00 FEET;3) ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 08 DEGREES 33 MINUTES 45 SECONDS, HAVING A RADIUS OF 1,050.0 0 F E E T , A CHORD BEARING SOUTH 10 DEGREES 24 MINUTES 38 SECONDS EAST AT 156.77 FEET, AND AN ARC LENGTH OF 156.92 FEET TO A P O I N T F O R CORNER;THENCE SOUTH 83 DEGREES 52 MINUTES 15 SECONDS WEST, DEPARTING SAID CENTERLINE AND TRAVELING ACROSS THE R.O.W. OF W I N D S O N G PARKWAY SOUTH, A DISTANCE OF 44.97 TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED “THE WALLACE GROUP” (FURTHER REFERE N C E D A S “TWG CAP”) SET FOR CORNER IN THE WEST R.O.W. LINE OF WINDSONG PARKWAY SOUTH;1) SOUTH 86 DEGREES 14 MINUTES 42 SECONDS WEST, A DISTANCE OF 285.61 FEET TO A POINT FOR CORNER TO THE BEGINNING OF A T A N G E N T CURVE CONCAVE NORTH HAVING A RADIUS OF 115.00 FEET;2)ALONG SAID CURVE UP THROUGH A CENTRAL ANGLE OF 02 DEGREES 57 MINUTES 12 SECONDS, AN ARC DISTANCE OF 5.93 FEET TO A P O I N T F O R CORNER;3)SOUTH 83 DEGREES 17 MINUTES 30 SECONDS WEST, A DISTANCE OF 71.34 FEET TO A POINT FOR CORNER;4)SOUTH 12 DEGREES 48 MINUTES 59 SECONDS EAST, A DISTANCE OF 98.37 FEET TO A POINT FOR CORNER TO THE BEGINNING OF A T A N G E N T CURVE CONCAVE EAST HAVING A RADIUS OF 130.00 FEET;5) ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 11 DEGREES 23 MINUTES 34 SECONDS, AN ARC DISTANCE OF 25.85 F E E T T O A POINT FOR CORNER;6)SOUTH 01 DEGREES25 MINUTES 26 SECONDS EAST, A DISTANCE OF 189.25 FEET TO A POINT FOR CORNER; IN THE SOUTH LINE O F S A I D NORTHEAST 423/380 TRACT, BEING COMMON WITH THE NORTH R.O.W. LINE OF U.S. HIGHWAY 380 (HAVING A VARIABLE WIDTH R.O.W.);THENCE DEPARTING SAID NORTH R.O.W. LINE AND TRAVELING ACROSS THE R.O.W. OF U.S. HIGHWAY 380, THE FOLLOWING THREE (3) COUR S E S A N D DISTANCES:1)SOUTH 01 DEGREES 26 MINUTES 50 SECONDS EAST, A DISTANCE OF 84.00 FEET TO A POINT FOR CORNER;2)SOUTH 88 DEGREES 34 MINUTES 34 SECONDS WEST, A DISTANCE OF 30.00 FEET TO A POINT FOR CORNER;3)NORTH 01 DEGREES 26 MINUTES 50 SECONDS WEST, A DISTANCE OF 84.00 FEET TO POINT FOR CORNER IN THE SOUTH LINE OF SAID NO R T H E A S T 423/380 TRACT, BEING COMMON WITH THE NORTH R.O.W. LINE OF U.S. HIGHWAY 380;THENCE DEPARTING SAID NORTH R.O.W. LINE OF U.S. HIGHWAY 380 AND TRAVELING ACROSS SAID NORTHEAST 423/380 TRACT, THE FO L L O W I N G THIRTEEN (13) COURSES AND DISTANCES:1)NORTH 01 DEGREES 25 MINUTES 26 SECONDS WEST, A DISTANCE OF 189.26 FEET TO POINT FOR CORNER TO THE BEGINNING OF A T A N G E N T CURVE CONCAVE EAST HAVING A RADIUS OF 100.00 FEET;2)ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 11 DEGREES 23 MINUTES 34 SECONDS, AN ARC DISTANCE OF 19.88 F E E T T O A POINT FOR CORNER;3)NORTH 12 DEGREES 48 MINUTES 59 SECONDS WEST, A DISTANCE OF 101.57 FEET TO A POINT FOR CORNER;4)SOUTH 83 DEGREES 17 MINUTES 30 SECONDS WEST, A DISTANCE OF 140.95 FEET TO A POINT FOR CORNER TO THE BEGINNING OF A T A N G E N T CURVE CONCAVE NORTH HAVING A RADIUS OF 115.00 FEET;5) ALONG SAID CURVE UP, THROUGH A CENTRAL ANGLE OF 02 DEGREES 14 MINUTES 11 SECONDS, AN ARC DISTANCE OF 4.49 FEET TO A P O I N T F O R CORNER;6)SOUTH 81 DEGREES 03 MINUTES 19 SECONDS WEST, A DISTANCE OF 134.16 FEET TO A POINT FOR CORNER;7)NORTH 08 DEGREES 56 MINUTES 41 SECONDS WEST, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;8)SOUTH 81 DEGREES 03 MINUTES 19 SECONDS WEST, A DISTANCE OF 15.34 FEET TO A POINT FOR CORNER;9)NORTH 12 DEGREES 47 MINUTES 39 SECONDS WEST, A DISTANCE OF 217.13 FEET TO A POINT FOR CORNER;10)NORTH 77 DEGREES 12 MINUTES 21 SECONDS WEST, A DISTANCE OF 15.11 FEET TO A POINT FOR CORNER;11)NORTH 12 DEGREES 47 MINUTES 39 SECONDS WEST, A DISTANCE OF 281.33 FEET TO A POINT FOR CORNER;12)NORTH 03 DEGREES 07 MINUTES 44 SECONDS WEST, A DISTANCE OF 71.55 FEET TO A POINT FOR CORNER;13)NORTH 17 DEGREES 13 MINUTES00 SECONDS WEST, A DISTANCE OF 29.28 FEET TO A POINT FOR CORNER IN THE NORTH LINE O F S A I D NORTHEAST 423/380, BEING COMMON WITH A SOUTH LINE OF THE AFORESAID TVG TEXAS TRACT;THENCE ALONG SAID NORTH LINE OF THE NORTHEAST 423/380 TRACT AND A SOUTH LINE OF SAID TVG TEXAS TRACT, THE FOLLOWING E I G H T ( 8 ) COURSES AND DISTANCES:1)NORTH 72 DEGREES 47 MINUTES 00 SECONDS EAST, A DISTANCE OF 122.04 FEET TO A 5/8 INCH IRON ROD SET WITH “TWG CAP” FOR CORNE R ; 2)NORTH 73 DEGREES 50 MINUTES 45 SECONDS EAST, A DISTANCE OF 132.35 FEET TO A 1/2 INCH IRON ROD FOUND WITH “SPIARSENG C A P ” F O R CORNER;3)SOUTH 84 DEGREES 05 MINUTES 32 SECONDS EAST, A DISTANCE OF 101.58 FEET TO A 5/8 INCH IRON ROD SET WITH “TWG CAP” FOR CORNE R ; 4)NORTH 81 DEGREES 05 MINUTES 17 SECONDS EAST, A DISTANCE OF 97.62 FEET TO A 5/8 INCH IRON ROD SET WITH “TWG CAP” FOR CORNER ; 5)NORTH 57 DEGREES 35 MINUTES 24 SECONDS EAST, A DISTANCE OF 144.66 FEET TO A 1/2 INCH IRON ROD FOUND WITH “SPIARSENG C A P ” F O R CORNER;6)NORTH 82 DEGREES 34 MINUTES 18 SECONDS EAST, A DISTANCE OF 78.09 FEET TO A 5/8 INCH IRON ROD SET WITH “TWG CAP” FOR CORNER;7)NORTH 69 DEGREES 27 MINUTES 06 SECONDS EAST, A DISTANCE OF 92.54 FEET TO A 1/2 INCH IRON ROD FOUND WITH “SPIARSENG C A P ” F O R CORNER;8)NORTH 52 DEGREES 39 MINUTES 12 SECONDS EAST, A DISTANCE OF 48.91 FEET TO THE POINT OF BEGINNING.CONTAINING WITHIN THE METES AND BOUNDS RECITED 11.865 ACRES (516,863 SQUARE FEET) OF LAND, MORE OR LESS.ZONING NOTES I F U R T H E R C E R T I F Y T H A T : T H E A C C O M P A N Y I N G S U R V E Y W A S M A D E O N T H E G R O U N D A N D C O R R E C T L Y S H O W S T H E L O C A T I O N O F A L L B U I L D I N G S , S T R U C T U R E S A N D O T H E R I M P R O V E M E N T S S I T U A T E D O N T H E A B O V E P R E M I S E S ; A N D T H A T T H E P R O P E R T Y D E S C R I B E D H E R E O N I S T H E S A M E A S T H E P R O P E R T Y D E S C R I B E D I N T H E T I T L E C O M M I T M E N T F U R N I S H E D B Y R E P U B L I C T I T L E , G . F . N O . N C S - 7 4 7 7 5 5 - A T L , E F F E C T I V E D A T E : A U G U S T 2 7 , 2 0 1 5 , I S S U E D D A T E : S E P T E M B E R 0 4 , 2 0 1 5 , A N D T H A T A L L E A S E M E N T S , C O V E N A N T S A N D R E S T R I C T I O N S R E F E R E N C E D I N S A I D T I T L E C O M M I T M E N T H A V E B E E N P L O T T E D H E R E O N O R O T H E R W I S E N O T E D A S T O T H E I R E F F E C T O N T H E S U B J E C T P R O P E R T Y ; T H A T T H E R E A R E N O B U I L D I N G E N C R O A C H M E N T S O N T H E S U B J E C T P R O P E R T Y O R U P O N A D J A C E N T L A N D A B U T T I N G S A I D P R O P E R T Y U N L E S S S H O W N H E R E O N . T H I S M A P O R P L A T A N D T H E S U R V E Y O N W H I C H I T I S B A S E D W E R E M A D E I N A C C O R D A N C E W I T H “ 2 0 1 1 M I N I M U M S T A N D A R D D E T A I L R E Q U I R E M E N T S F O R A L T A / A C S M L A N D T I T L E S U R V E Y S ” , J O I N T L Y E S T A B L I S H E D A N D A D O P T E D B Y A L T A , A C S M , A N D N S P S , A S D E F I N E D T H E R E I N , A N D I N C L U D I N G I T E M S 1 - 2 2 I N T A B L E A T H E R E O F . P U R S U A N T T O T H E A C C U R A C Y S T A N D A R D S A S A D O P T E D B Y A L T A A N D N S P S , A N D I N E F F E C T O N T H E D A T E O F T H I S C E R T I F I C A T I O N , T H E U N D E R S I G N E D F U R T H E R C E R T I F I E S T H A T I N M Y P R O F E S S I O N A L O P I N I O N , A S A R E G I S T E R E D P R O F E S S I O N A L L A N D S U R V E Y O R L I C E N S E D I N T H E S T A T E O F T E X A S , T H E R E L A T I V E P O S I T I O N A L A C C U R A C Y O F T H I S S U R V E Y D O E S N O T E X C E E D T H A T W H I C H I S S P E C I F I E D T H E R E I N . A M A J O R I T Y O F T H E P R O P E R T Y A P P E A R S T O B E L O C A T E D I N A D E S I G N A T E D Z O N E X A N D D O E S N O T A P P E A R T O B E I N A 1 0 0 O R 5 0 0 Y E A R F L O O D A R E A . A P O R T I O N O F T H I S P R O P E R T Y A P P E A R S T O B E I N D E S I G N A T E D Z O N E A ( 1 0 0 Y E A R F L O O D A R E A ) A C C O R D I N G T O C O M M U N I T Y P A N E L # 4 8 1 2 1 C 0 4 1 0 G A N D # 4 8 1 2 1 C 0 4 3 0 G O F T H E F E D E R A L E M E R G E N C Y M A N A G E M E N T A G E N C Y ( F . E . M . A . ) F L O O D I N S U R A N C E R A T E M A P ( F . I . R . M . ) D A T E D A P R I L 1 8 , 2 0 1 1 . S A I D F L O O D A R E A W A S A M E N D E D B Y A F L O O D S T U D Y B Y A T E C , D A T E D O C T O B E R 7 , 2 0 1 3 , A P P E A R I N G T O R E M O V E T H E P R O P E R T Y F R O M D E S I G N A T E D Z O N E A . A L L S E T B A C K S , S I D E Y A R D A N D R E A R Y A R D L I N E S S H O W N O N T H E R E C O R D E D P L A T O R S E T F O R T H I N T H E A P P L I C A B L E Z O N I N G O R D I N A N C E S A R E S H O W N O N T H E S U R V E Y . T H E P R O P E R T Y H A S P H Y S I C A L A C C E S S T O A D E D I C A T E D P U B L I C S T R E E T O R H I G H W A Y . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G E O R G E C O L L I S O N R E G I S T E R E D P R O F E S S I O N A L L A N D S U R V E Y O R T E X A S R E G I S T R A T I O N N O . 4 4 6 1 D A T E D : A U G U S T 4 , 2 0 1 6 B O U N D A R Y S U R V E Y E X H I B I T A 2 I t e m 6 Exhibit “B” Statement of Intent and Purpose Windsong Ranch Marketplace (Home Depot Development) 11.026 acres of Lot 10 of Conveyance Plat No. D16-0022 NWC US Highway 380 & Windsong Parkway Prosper, Texas The purpose of the requested Amendment to Planned Develop #40 is to facilitate development of the subject parcel in a manner consistent with current retail trends related to home improvements stores. The merchandise purchased at retail home improvement stores are typically of bulk sizes which necessitates improvement standards that will be in harmony with the Town of Prosper and home improvement retail sales. Z16-0016 Item 6 Exhibit “C” Planned Development Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on March 25, 2008. Development Plans a.Concept Plan: The tract shall be developed in general accordance with the attached concept plan, set forth in Exhibit D. b. Elevations: The tract shall be developed in general accordance with the attached elevations, set forth in Exhibit F. c.Landscape Plan: The tract shall be developed in general accordance with the attached landscape plan, set forth in Exhibit G. 3.Mixed-Use Tract d.Mixed-Use Development Standards (Traditional Retail). Retail development within the Mixed Use Tract is intended predominately for heavy retail, service, light intensity wholesale and commercial uses, but excluding warehousing uses. The nature of uses in this District has operating characteristics and traffic service requirements generally compatible with typical office, retail, and some residential environments. Uses in this District may require open, but screened, storage areas for materials. In the event all or a portion of the Mixed Use Tract is developed solely for retail uses (i.e. not a mixed use development) then the development for retail uses shall conform to the following standards: a.Size of Yards 1.Minimum Front Yard: thirty (30) feet 2.Minimum Side Yard: a.Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b.Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. c.Thirty (30) feet adjacent to a street. 3.Minimum Rear Yard: a.Fifteen (15) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached retail buildings on separate lots as shown on an approved site plan. b. Thirty (30) feet for a one (1) story building adjacent to a residential district and sixty (60) feet for a two (2) story building adjacent to a residential district. Z16-0016 Item 6 b.Size of Lots: 1.Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2.Minimum Lot Width: One hundred (100) feet. 3.Minimum Lot Depth: One hundred (100) feet. c.Maximum Height: Two (2) stories, no greater than forty (40) feet in height, excluding unoccupied architectural elements, such as towers, parapets, and cornices, that may be allowed up to forty-five (45) feet in height for the anchor only. d.Lot Coverage: Fifty (50) percent. e.Floor Area Ratio: Maximum 0.5:1. f.Permitted Uses: Uses shall be permitted with the Retail District as it currently exists or may be amended. The following uses shall also be permitted: •Big box retail building including a home improvement store with a garden center •Outdoor Sales and Display as an accessory use and in accordance with the Development Standards. •Vehicles/Equipment Rental and/or Display, Incidental and in accordance with the Development Standards. g.Development Standards 1.Outdoor Sales and Display are subject to the following regulations: a.Screening of outdoor sales and display areas are not required, if the outdoor sales and display areas comply with the regulations below. b.Merchandise displayed for outdoor sales and display shall be located in accordance with the areas identified in Zoning Exhibit 'D', with the following stipulations: i.Merchandise cannot block sidewalks, doorways, accessible route(s), driveways, and/or fire lanes; ii.Merchandise may be displayed for seasonal sales in the parking lot at the designated location on Exhibit ‘D’. Seasonal sales and merchandise may include, but is not limited to; Christmas trees, flowers, landscaping materials, and outdoor furniture. Seasonal sales shall not require issuance of a building permit. c.Screening of these areas from Windsong Parkway shall be required by a combination of berming and landscaping, as shown on Exhibit G. 2.Outdoor Storage is subject to the following regulations: a.Screening for outdoor storage shall not be required, if the outdoor storage areas comply with the regulations below. Item 6 b.Staging and storage of materials are permitted in the designated areas on Exhibit ‘D’. c. Screening of these areas from Windsong Parkway shall be required by a combination of berming and landscaping, as shown on Exhibit G, and along the rear of the store by the construction of an 8’ foot masonry screening wall with landscaping, as shown on Exhibits D and G. 3.Vehicle/Equipment Rental and/or Display, Incidental a.Vehicle/equipment rental and/or display shall be permitted if the areas comply with the regulations below. b.Vehicle/equipment rental and/or display areas are permitted but shall be located only in the designated areas on Exhibit ‘D.’ c.Vehicle/equipment rental and/or display areas include truck/trailer parking and display, truck rental parking, and equipment rental storage and display. d.Vehicle/equipment rental and/or display areas shall require screening as shown on Exhibits D and G, consisting of a masonry wall and landscaping. 4.Architecture design and materials are subject to the following regulations: a.Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured stone, granite, marble, architectural concrete block, split face concrete masonry unit, architecturally finished concrete tilt wall, “Quik Brik” (a four [4] inch manufactured concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in the conceptual building elevations Exhibit ‘F’. The conceptual building elevations in Exhibit ‘F'’ are representative of the architectural style, color, and material selections. b.Secondary materials used on the façade of a building are those that comprise a total of ten (10) percent or less of an elevation area. Permitted secondary materials are all the primary materials, aluminum or other metal, cedar or similarly decorative wood, stucco, cementatious fiber board (Hardie board), and high impact exterior insulation and finish systems (EIFS), as provided in the conceptual building elevations Exhibit 'F'. c.The following architectural design regulations of the Zoning Ordinance shall not apply: i.Recesses and/or projections for elevation lengths over 200’. ii.Limitation of a single material to 80% of an elevation or less. iii.Requirement for horizontal and/or vertical articulations every 30’ along an elevation. 5. Screening, Berming, and Landscaping a.Screening for outdoor sales, display, and storage shall consist of a three (3) foot to six (6) foot berm and landscaping along Windsong Parkway, as shown on Exhibit G. Item 6 b.Vehicle/equipment rental and/or display areas shall be screened with a four (4) foot masonry wall and landscaping along the westerly side of the designated area, as shown on Exhibits D and G. c.Goods and materials stacked and/or stored in the garden center shall not be permitted within 1 foot of the top of the garden center walls. d.Loading and service area screening shall not required. 6. Parking: The minimum parking ratio required shall be 1 parking space per each 450 square feet of gross floor area. A reduction of the required parking may be granted by the Director of Development Services upon receipt of a parking study. 7.Lighting: On-site parking lot lighting shall include dimmers. Item 6 S H E E T O F L O C A T I O N M A P R . E . M A N A G E R P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T S C O T T M O M M E R N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D L U I S R E B E L O J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A 8 9 / 2 7 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 O V E R A L L S I T E P L A N E X H I B I T D 3 S C A L E 1 " = 1 0 0 ' 1 0 0 ' 2 0 0 ' PROPERTY LINE LEGENDEXISTING GENERAL EASEMENT LINEEXISTING LANDSCAPE AND PEDESTRIANEASEMENT LINE 1 ) D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 ) O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 ) O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 ) L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 ) A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 ) B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 P E R C E N T F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 ) F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 ) T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 ) S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 ) H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 ) A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 ) A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 ) A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A C A D E P L A N . 1 4 ) S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ’ ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ’ ) I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 ) A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 ) S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 ) A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 ) A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 ) A L L D I M E N S I O N S A N D R A D I I A R E T O T H E F A C E O F C U R B , C E N T E R O R E N D O F S T R I P E , F A C E O F B U I L D I N G O R E D G E O F P A V E M E N T U N L E S S N O T E D O T H E R W I S E . T O W N S I T E P L A N N O T E S PROPOSED THE HOME DEPOT.EXISTING ZONINGPD- 4 0 PROPOSED ZONINGPD- 4 0 PROPOSED USERET A I L HOME DEPOT LOT AREA 11.0 2 A C BUILDING AREA 106, 4 8 4 S . F . GARDEN CENTER AREA28,1 4 4 S . F . TOTAL BUILDING AREA134, 6 2 8 S . F . BUILDING HEIGHT28 F T LOT COVERAGE79.2 9 % FLOOR AREA RATIO0.28 0 4 : 1 BUILDING WITH GARDEN CENTER PARKING RATIO1:45 0 TOTAL PARKING REQUIRED302 S T A L L S TOTAL PARKING PROVIDED328 S T A L L S ACCESSIBLE STALLS REQUIRED8 S T A L L S ACCESSIBLE STALLS PROVIDED9 S T A L L S LANDSCAPING REQUIRED15 S . F . P E R 1 R E Q . PA R K I N G S T A L L LANDSCAPING PROVIDED73,7 2 4 S . F . IMPERVIOUS SURFACE AREA380, 6 0 7 S . F . OPEN SPACE REQUIRED33,6 2 0 S . F . OPEN SPACE PROVIDED35,4 2 6 S . F . SITE DATA SUMMARY TABLE 1 . P R O P O S E D L O T N U M B E R S A N D E A S E M E N T I N F O R M A T I O N S H O W N H E R E O N A R E P E R T H E C O N V E Y A N C E P L A T O F W I N D S O N G R A N C H M A R K E T P L A C E A S P R O V I D E D B Y S P I A R S E N G I N E E R I N G , J O B # 1 5 - 1 5 5 , D A T E D F E B R U A R Y 2 0 1 6 2 . T H E T H O R O U G H F A R E A L I G N M E N T ( S ) S H O W N O N T H I S E X H I B I T A R E F O R I L L U S T R A T I O N P U R P O S E S O N L Y A N D D O N O T S E T T H E A L I G N M E N T . T H E A L I G N M E N T I S D E T E R M I N E D A T T H E T I M E O F F I N A L P L A T . 3 . A L L D R I V E W A Y S , T U R N L A N E S A N D M E D I A N O P E N I N G S S H A L L M E E T T H E T O W N O F P R O S P E R ' S T H O R O U G H F A R E D E S I G N S T A N D A R D S A N D T X D O T S T A N D A R D S . 4 . D I M E N S I O N S A R E F A C E T O F A C E O F C U R B U N L E S S O T H E R W I S E N O T E D . 5 . F I R E L A N E S S H A L L B E A M I N I M U M O F 2 4 ' I N W I D T H W I T H A 3 0 ' M I N I M U M I N S I D E T U R N I N G R A D I U S . 6 . M E D I A N S A L O N G W I N D S O N G P A R K W A Y S O U T H A R E P R I V A T E L Y O W N E D B Y T V G . A N Y S T R E E T I M P R O V E M E N T S A L O N G W I N D S O N G P A R K W A Y S O U T H A R E T O B E D I S C U S S E D W I T H T H E T O W N A N D T V G . 7 . F I R E D E P A R T M E N T C O N N E C T I O N S S H A L L B E P R O V I D E D I N A C C O R D A N C E W I T H T O W N O F P R O S P E R S T A N D A R D S . 8 . H I G H W A Y U S 3 8 0 A N D W I N D S O N G P A R K W A Y A R E S H O W N A S I T E X I S T S T O D A Y . 9 . G E E R O A D I S U N D E R C O N S T R U C T I O N A N D I S S H O W N A S U L T I M A T E B U I L D O U T B A S E D O N I N F O R M A T I O N P R O V I D E D B Y O T H E R S . 1 0 . M E D I A N O P E N I N G S & T U R N L A N E S A L O N G U S 3 8 0 A R E C O N T I N G E N T O N T x D O T A P P R O V A L . 1 1 . F O U N D A T I O N P L A N T I N G S W I L L C O N F O R M T O P D - 4 0 S T A N D A R D S A P P R O V E D B Y T H E T O W N . 1 2 . L O A D I N G A R E A S L O C A T E D A D J A C E N T T O M A J O R C R E E L S S H A L L B E S C R E E N E D F R O M T H E F L O O D P L A I N . N O T E S RIGHT OF WAYWINDSONG MARKETPLACE PHASE LINE NOT A PARTPROPOSED EASEMENT LINE ADJACENT PROPERTY LINEEXISTING BUILDING SETBACK LINE PROPOSED FIRELANE C O N T A C T I N F O R M A T I O N O W N E R N O R T H E A S T 4 2 3 / 3 8 0 , L T D . 7 0 0 1 P R E S T O N R D S T E 4 1 0 D A L L A S , T X 7 5 2 0 5 - 1 1 8 7 A P P L I C A N T T H E H O M E D E P O T U S A , I N C . 3 8 0 0 W E S T C H A P M A N A V E N U E O R A N G E , C A 9 2 8 6 8 ( 7 1 4 ) 9 1 4 - 3 5 4 9 S U R V E Y O R T E R R A S U R V E Y I N G C O . , I N C 3 0 0 0 W I L C R E S T D R , - S U I T E 2 1 0 H O U S T O N , T X 7 7 0 4 2 ( 7 1 3 ) 9 9 3 - 0 3 2 7 P R O J E C T I N F O R M A T I O N H O M E D E P O T P A R K I N G R E Q U I R E D P A R K I N G S T A L L S H O M E D E P O T ( @ 1 / 4 5 0 S . F . ) G F A ( I N C L U S I V E O F G A R D E N C E N T E R ) 3 0 2 S T A L L S P R O V I D E D P A R K I N G S T A L L S H D T O T A L P R O V I D E D 3 2 8 S T A L L S A C C E S S I B L E P A R K I N G P R O V I D E D 9 S T A L L S H D P A R K I N G A N D D I S P L A Y S ( N O T I N C L U D E D ) F R O N T P R O C U S T O M E R P A R K I N G 1 0 S T A L L S F R O N T T R A I L E R / T R U C K P A R K I N G 1 , 2 0 0 S . F . F R O N T R E S E R V E D P E N S K E T R U C K P A R K I N G 1 , 2 0 0 S . F . F R O N T R E S E R V E D L O A D & G O S T A L L S 2 S T A L L S F R O N T C O M P A C T P O W E R A R E A 1 , 0 8 0 S . F . F R O N T T R A I L E R D I S P L A Y S 1 , 4 4 0 S . F . F R O N T O U T D O O R S A L E S & D I S P L A Y P A R K I N G A R E A 2 6 S T A L L S I t e m 6 C O N T A C T I N F O R M A T I O N O W N E R N O R T H E A S T 4 2 3 / 3 8 0 , L T D . 7 0 0 1 P R E S T O N R D S T E 4 1 0 D A L L A S , T X 7 5 2 0 5 - 1 1 8 7 A P P L I C A N T T H E H O M E D E P O T U S A , I N C . 3 8 0 0 W E S T C H A P M A N A V E N U E O R A N G E , C A 9 2 8 6 8 ( 7 1 4 ) 9 1 4 - 3 5 4 9 S U R V E Y O R T E R R A S U R V E Y I N G C O . , I N C 3 0 0 0 W I L C R E S T D R , - S U I T E 2 1 0 H O U S T O N , T X 7 7 0 4 2 ( 7 1 3 ) 9 9 3 - 0 3 2 7 P R O J E C T I N F O R M A T I O N S H E E T O F L O C A T I O N M A P R . E . M A N A G E R P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T S C O T T M O M M E R N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' S C A L E 1 " = 6 0 ' 6 0 ' 1 2 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D L U I S R E B E L O J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A 8 9 / 2 7 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 1 . D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 . O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 . O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 . L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 . A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 . B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 P E R C E N T F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 . F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 . T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 . S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 . H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 . A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 . A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 . A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A Ç A D E P L A N . 1 4 . S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ’ ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ’ ) I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 . A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 . S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 . A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 . A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 . A L L D I M E N S I O N S A N D R A D I I A R E T O T H E F A C E O F C U R B , C E N T E R O R E N D O F S T R I P E , F A C E O F B U I L D I N G O R E D G E O F P A V E M E N T U N L E S S N O T E D O T H E R W I S E . T O W N S I T E P L A N N O T E S S I T E P L A N E X H I B I T D 4 P R O P E R T Y L I N E L E G E N D P R O P O S E D E A S E M E N T L I N E . R E F E R E N C E S H E E T 1 F O R I N F O R M A T I O N A N D L O C A T I O N E X I S T I N G G E N E R A L E A S E M E N T L I N E . R E F E R E N C E S H E E T 1 F O R I N F O R M A T I O N A N D L O C A T I O N E X I S T I N G C O N T O U R E L E V A T I O N R I G H T O F W A Y E X I S T I N G C U R B E X I S T I N G S T O R M S E W E R I N L E T E X I S T I N G F I R E H Y D R A N T P R O P O S E D F I R E H Y D R A N T * W I N D S O N G R A N C H M A R K E T P L A C E ( C O N V E Y A N C E P L A T C U R R E N T L Y U N D E R R E V I E W A T T H E T O W N O F P R O S P E R . S E E N O T E 1 . N O T A P A R T O U T D O O R S A L E S A N D D I S P L A Y A R E A O U T D O O R R E A R S T O R A G E A R E A T H E H O M E D E P O T C A R T C O R R A L P R O P O S E D W H E E L S T O P E X I S T I N G L A N D S C A P E A N D P E D E S T R I A N E A S E M E N T L I N E . R E F E R E N C E S H E E T 1 F O R I N F O R M A T I O N A N D L O C A T I O N A D J A C E N T P R O P E R T Y L I N E E X I S T I N G B U I L D I N G S E T B A C K L I N E . R E F E R E N C E S H E E T 1 F O R I N F O R M A T I O N A N D L O C A T I O N S I T E D A T A S U M M A R Y T A B L E H O M E D E P O T P A R K I N G R E Q U I R E D P A R K I N G S T A L L S H O M E D E P O T ( @ 1 / 4 5 0 S . F . ) G F A ( I N C L U S I V E O F G A R D E N C E N T E R ) 3 0 2 S T A L L S P R O V I D E D P A R K I N G S T A L L S H D T O T A L P R O V I D E D 3 2 8 S T A L L S A C C E S S I B L E P A R K I N G P R O V I D E D 9 S T A L L S H D P A R K I N G A N D D I S P L A Y S ( N O T I N C L U D E D ) F R O N T P R O C U S T O M E R P A R K I N G 1 0 S T A L L S F R O N T T R A I L E R / T R U C K P A R K I N G 1 , 2 0 0 S . F . F R O N T R E S E R V E D P E N S K E T R U C K P A R K I N G 1 , 2 0 0 S . F . F R O N T R E S E R V E D L O A D & G O S T A L L S 2 S T A L L S F R O N T C O M P A C T P O W E R A R E A 1 , 0 8 0 S . F . F R O N T T R A I L E R D I S P L A Y S 1 , 4 4 0 S . F . F R O N T O U T D O O R S A L E S & D I S P L A Y P A R K I N G A R E A 2 6 S T A L L S P R O P O S E D T H E H O M E D E P O T . E X I S T I N G Z O N I N G P D - 4 0 P R O P O S E D Z O N I N G P D - 4 0 P R O P O S E D U S E R E T A I L H O M E D E P O T L O T A R E A 1 1 . 0 2 A C B U I L D I N G A R E A 1 0 6 , 4 8 4 S . F . G A R D E N C E N T E R A R E A 2 8 , 1 4 4 S . F . T O T A L B U I L D I N G A R E A 1 3 4 , 6 2 8 S . F . B U I L D I N G H E I G H T 2 8 F T L O T C O V E R A G E 7 9 . 2 9 % F L O O R A R E A R A T I O 0 . 2 8 0 4 : 1 B U I L D I N G W I T H G A R D E N C E N T E R P A R K I N G R A T I O 1 : 4 5 0 T O T A L P A R K I N G R E Q U I R E D 3 0 2 S T A L L S T O T A L P A R K I N G P R O V I D E D 3 2 8 S T A L L S A C C E S S I B L E S T A L L S R E Q U I R E D 8 S T A L L S A C C E S S I B L E S T A L L S P R O V I D E D 9 S T A L L S L A N D S C A P I N G R E Q U I R E D 1 5 S . F . P E R 1 R E Q . P A R K I N G S T A L L L A N D S C A P I N G P R O V I D E D 7 3 , 7 2 4 S . F . I M P E R V I O U S S U R F A C E A R E A 3 8 0 , 6 0 7 S . F . O P E N S P A C E R E Q U I R E D 3 3 , 6 2 0 S . F . O P E N S P A C E P R O V I D E D 3 5 , 4 2 6 S . F . P R O P O S E D F I R E L A N E 1 . P R O P O S E D L O T N U M B E R S A N D E A S E M E N T I N F O R M A T I O N S H O W N H E R E O N A R E P E R T H E C O N V E Y A N C E P L A T O F W I N D S O N G R A N C H M A R K E T P L A C E A S P R O V I D E D B Y S P I A R S E N G I N E E R I N G , J O B # 1 5 - 1 5 5 , D A T E D F E B R U A R Y 2 0 1 6 2 . T H E T H O R O U G H F A R E A L I G N M E N T ( S ) S H O W N O N T H I S E X H I B I T A R E F O R I L L U S T R A T I O N P U R P O S E S O N L Y A N D D O N O T S E T T H E A L I G N M E N T . T H E A L I G N M E N T I S D E T E R M I N E D A T T H E T I M E O F F I N A L P L A T . 3 . A L L D R I V E W A Y S , T U R N L A N E S A N D M E D I A N O P E N I N G S S H A L L M E E T T H E T O W N O F P R O S P E R ' S T H O R O U G H F A R E D E S I G N S T A N D A R D S A N D T X D O T S T A N D A R D S . 4 . A L L D R I V E W A Y S , T U R N L A N E S , A N D M E D I A N O P E N I N G S S H A L L M E E T T H E T O W N O F P R O S P E R ' S T H O R O U G H F A R E D E S I G N S T A N D A R D S A N D T X D O T S T A N D A R D S 5 . A L L F I R E L A N E S T O M E E T T O W N O F P R O S P E R F I R E S T A N D A R D S I N T E R M S O F W I D T H A N D P A V E M E N T S E C T I O N . N O T E S P A I N T E D W A L K W A Y A R E A I t e m 6 Exhibit “E” Development Schedule Windsong Ranch Marketplace (Home Depot Development) 11.026 acres of Lot 10 of Conveyance Plat No. D16-0022 NWC US Highway 380 & Windsong Parkway Prosper, Texas The anticipated schedule for the development is: The Home Depot Development is a single phase development and is not intended to be phased. The schedule is subject to change due to various factors behind the control of the developer. Z16-0016 Item 6 2 8 , 1 1 8 S . F . G A R D E N C E N T E R SYMBOTANICAL NAME COMMON NAMESIZE AT PLANTING ANDCOMMENTSDECIDUOUS OREVERGREENSIZE AT MATURITYIDILEX DECIDUA POSSUMHAW HOLLY 3" CAL MIN., STRAIGHTTRUNK FULL ANDMATCHING, NON-FRUITBEARING. EVERGREEN, MIN7' TALL AT TIME OFPLANTING DECIDUOUS15-20' T x 15' WJC JUNIPERUS C. 'BLUEPOINT'BLUE POINT JUNIPER 3" CAL MIN., MIN 7' MIN TALLAT PLANTING, FULL ANDMATCHING EVERGREEN12' T x 8' WJVJUNIPERUSVIRGINIANAEASTERN RED CEDAR 3" CALIPER MIN., SINGLESTRAIGHT TRUNK, MIN 12'TALL AT TIME OF PLANTING.NON-FRUIT BEARING.EVERGREEN40' T x 8'-20' WLILAGERSTROEMIAINDICA 'TUSCARORA'CRAPE MYRTLE3" CAL MIN., STANDARD,FULL AND MATCHING, MIN.12' TALL AT TIME OFPLANTING DECIDUOUS20'-25' T x 15'-25' TMC MORELLA CERIFERAWAX MYRTLE3" CALIPER MIN.,MULTI-TRUNK - 3 - 4 CANES,FULL AND MATCHING, MIN 7'TALL AT TIME OF PLANTING EVERGREEN20' T x 20' WQS QUERCUS SHUMARDII SHUMARD OAK3" CALIPER, MIN 7' TALL ATTIME OF PLANTING DECIDUOUS 30'-50' T & WQV QUERCUS VIRGINIANA SOUTHERN LIVE OAK STANDARD, 3" CAL. MIN.,MIN 7' TALL AT TIME OFPLANTING EVERGREEN 40'-80' T & WTDTAXODIUM DISTICHUM BALD CYPRESS3" CAL. MIN., 4' SPREAD,MIN 7' TALL AT TIME OFPLANTING DECIDUOUS50'-70' T x 20' WUPULMUS P. 'EMER II'ALLEE ELM3" CAL MIN., SINGLESTRAIGHT TRUNK, FULLAND MATCHING,NON-FRUITING, MIN 7' TALLAT TIME OF PLANTING DECIDUOUS60'-70' T x 35'-55' WUC ULMUS CRASSIFOLIA CEDAR ELM3" CAL MIN., MIN 7' TALL ATTIME OF PLANTING, MIN 4'SPREAD.EVERGREEN 80' T & W SYMBOTANICAL N A M E C O M M O N N A M E S I Z E A T P L A N T I N G S I Z E A T M A T U R I T Y H t X W AG AGAVE AMERI C A N A C E N T U R Y P L A N T 5 G A L 8 ' x 8 ' BTBERBERIS T.'ATROPURPUR E A ' R E D - L E A F B A R B E R R Y 5 G A L 5 ' x 5 ' HPHESPERALOEPARVIFLOLIA R E D Y U C C A 5 G A L 5 ' x 4 ' IBILEX C. 'BURFO R D ' D W A R F B U R F O R D H O L L Y 5 G A L 4 ' - 6 ' x 4 ' - 6 ' IV ILEX V. 'NANA' D W A R F Y A U P O N H O L L Y 5 G A L 3 ' - 5 ' x 5 ' LFLEUCOPHYLLU M FRUCTESCENS ' G R E E N CLOUD' T E X A S R A N G E R 5 G A L 6 ' - 8 ' x 6 ' - 8 ' MC MUHLENBERGI A C . 'REGAL PRINC E ' R E G A L P R I N C E P I N K M U H L Y 1 G A L 3 ' x 6 ' NTNASSELLATENUISSIMA M E X I C A N F E A T H E R G R A S S 2 G A L 2 ' x 2 ' - 3 ' RPRHAPHIOLEPIS I . 'PINKIE' P I N K I E I N D I A N H A W T H O R N 5 G A L 4 ' - 5 ' x 4 ' S Y M B O T A N I C A L N A M E C O M M O N N A M E C O M M E N T S E U O N Y M O U S ' P U R P L E W I N T E R C R E E P E R ' P U R P L E W I N T E R C R E E P E R 3 6 " O C F R O M 2 G A L C O N T A I N E R S N A S S E L L A T E N N U I S S I M A M E X I C A N F E A T H E R G R A S S 2 4 " O C F R O M 2 G A L C O N T A I N E R S S A L V I A G . ' F U R M A N ' S R E D ' A U T U M N S A G E 3 0 " O C F R O M 2 G A L C O N T A I N E R S S A N T O L I N A V I R E N S G R E E N L A V E N D E R C O T T O N 3 0 " O C F R O M 2 G A L C O N T A I N E R S R O S E M A R I N U S O . ' H U N T I N G T O N B L U E ' H U N T I N G T O N B L U E R O S E M A R Y 3 6 ' O C F R O M 2 G A L C O N T A I N E R S B U F F A L O G R A S S S E E D B U F F A L O G R A S S 4 # / 1 0 0 0 S F B U F F A L O G R A S S S O D B U F F A L O G R A S S M I X E D U N I R R I G A T E D N A T I V E G R A S S E S A N D F O R B E S T B D T B D DEVELOPMENT REQUIREMENTSZONING CODE CH 4/SECTION 2C - NON-RESIDENTIAL LANDSCAPE AREA REQUIREMENTSREQUIREMENTREQUIREDPROVIDED1.PERIMETER REQUIREMENTS1a. LANDSCAPE AREA MIN. 25' WIDE(WINDSONG PARKWAY) 1 LARGE TREE - 3"CALIPER MINIMUM - PER 30 LF OF ROADWAY 768 LF FRONTAGE / 30 = 26 LARGE TREES 11 LARGE TREES, 66 SMALL TREES (22 LARGE EQUIVALENTS)= 33 LARGE TREES. REQUIRED TREES TO BE MINIMUM 3"CALIPER & 7' TALL, ANY EXTRA TREES TO BE 2" CALIPER ORLARGER.1a. MINIMUM 15 SHRUBS - MIN 5 GAL - PER 30'OF ROADWAY 768 LF FRONTAGE / 30 x 15 = 384 SHRUBS@ 5 GAL 261 - 5 GAL SHRUBS AND 556 - 2 GAL SHRUBS (=139 - 5 GALEQUIVALENTS) TOTAL 5 GAL SHRUBS = 4001c. 1 SMALL TREE AND ONE 5 GAL SHRUBREQUIRED PER EVERY 15 FEET 811 LF PROPERTY LINE - 54 SMALL TREESAND 54 - 5 GAL SHRUBS REQUIRED.29 LG TREES & 86 SM TOTAL TREES PROVIDED ON BOTHSIDES OF WALL. 50-5 GAL TOTAL SHRUBS ON BOTH SIDES OFTHE WALL. EXTRA TREES PROVIDED IN LIEU OF 4 MISSINGSHRUBS. CITY-REQUIRED AND SUPPLEMENTAL SCREENINGTREES TO BE MIN 3" CALIPER, EXTRA TREES 2" CALIPER ORLARGER2.INTERIOR PARKING REQUIREMENTS2d. LANDSCAPE ISLANDS AT TERMINUS OFPARKING ROWS AND SHALL CONTAIN 1 LARGETREE, 3" CALIPER MINIMUM.ALL ROWS MEET REQUIREMENT. ADDITIONAL TREES AREPROVIDED ON SCREEN WALL ON WEST SIDE OF SITE: 12ADDITIONAL LARGE-EQUIVALENT TREES2e. LANDSCAPE ISLANDS SHALL BE MINIMUMOF 160 SF - NOT LESS THAN 9' WIDE AND EQUALIN LENGTH TO THE ABUTTING SPACE PLAN MEETS THIS REQUIREMENT2g. THERE SHALL BE AT LEAST ONE LARGETREE, MINIMUM 3" CALIPER WITHINN 150' OFEVERY PARKING SPACE.PLAN MEETS THIS REQUIREMENT3a. FOUNDATION PLANTING AT THE RATE OF 1TREE PER 10,000 SF OF GROSS BUILDINGAREA.STORE DESIGN AND OPERATION DOES NOT ALLOW FORFOUNDATION PLANTING.SEE CITY OF PROSPER GENERAL NOTES SHEET 8 . \ S D I S e a l s & L o g o \ K a y S i g n a t u r e . j p g S H E E T O F L O C A T I O N M A P R . E . M A N A G E R L A N D D E V E L O P M E N T S E R V I C E S S C O T T A . M O M M E R C O N S U L T I N G 4 6 9 4 W E S T J A C Q U E L Y N A V E N U E - F R E S N O , C A 9 3 7 2 2 T E L : 5 5 9 9 7 8 - 7 0 0 0 F A X : 5 5 9 2 7 6 - 0 8 5 0 S M O M M E R @ S C O T T M O M M E R . C O M P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T S C O T T M O M M E R N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' S C A L E 1 " = 3 0 ' 3 0 ' 6 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D L U I S R E B E L O J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A L A N D S C A P E P L A N E X H I B I T G 8 9 / 2 7 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 6 S i e r r a D e s i g n s , I n c M A T C H L I N E - S E E S H E E T 7 R E V I E W S E T - N O T F O R B I D O R C O N S T R U C T I O N 1 1 3 N . C h u r c h S t r e e t , S u i t e 3 1 0 V i s a l i a , C a l i f o r n i a 9 3 2 9 1 T e l e : 5 5 9 . 7 3 3 . 3 6 9 0 F a x : 5 5 9 . 7 3 3 . 3 6 9 4 T e x a s R e g L A # 2 9 2 3 1 1 . 7 . 2 0 1 6 . H I C H U A STE S C C T T E S A K E T S T A IREG 3 2 O F 9 2 E T X H R L D R E C A A N D S T E P A M E R . I t e m 6 FUTUREBUILDINGSYMBOTANICAL NAME COMMON NAMESIZE AT PLANTING ANDCOMMENTSDECIDUOUS OREVERGREENSIZE AT MATURITYIDILEX DECIDUA POSSUMHAW HOLLY 3" CAL MIN., STRAIGHTTRUNK FULL ANDMATCHING, NON-FRUITBEARING. EVERGREEN, MIN7' TALL AT TIME OFPLANTING DECIDUOUS15-20' T x 15' WJC JUNIPERUS C. 'BLUEPOINT'BLUE POINT JUNIPER 3" CAL MIN., MIN 7' MIN TALLAT PLANTING, FULL ANDMATCHING EVERGREEN12' T x 8' WJVJUNIPERUSVIRGINIANAEASTERN RED CEDAR 3" CALIPER MIN., SINGLESTRAIGHT TRUNK, MIN 12'TALL AT TIME OF PLANTING.NON-FRUIT BEARING.EVERGREEN40' T x 8'-20' WLILAGERSTROEMIAINDICA 'TUSCARORA'CRAPE MYRTLE3" CAL MIN., STANDARD,FULL AND MATCHING, MIN.12' TALL AT TIME OFPLANTING DECIDUOUS20'-25' T x 15'-25' TMC MORELLA CERIFERAWAX MYRTLE3" CALIPER MIN.,MULTI-TRUNK - 3 - 4 CANES,FULL AND MATCHING, MIN 7'TALL AT TIME OF PLANTING EVERGREEN20' T x 20' WQS QUERCUS SHUMARDII SHUMARD OAK3" CALIPER, MIN 7' TALL ATTIME OF PLANTING DECIDUOUS 30'-50' T & WQV QUERCUS VIRGINIANA SOUTHERN LIVE OAK STANDARD, 3" CAL. MIN.,MIN 7' TALL AT TIME OFPLANTING EVERGREEN 40'-80' T & WTDTAXODIUM DISTICHUM BALD CYPRESS3" CAL. MIN., 4' SPREAD,MIN 7' TALL AT TIME OFPLANTING DECIDUOUS50'-70' T x 20' WUPULMUS P. 'EMER II'ALLEE ELM3" CAL MIN., SINGLESTRAIGHT TRUNK, FULLAND MATCHING,NON-FRUITING, MIN 7' TALLAT TIME OF PLANTING DECIDUOUS60'-70' T x 35'-55' WUC ULMUS CRASSIFOLIA CEDAR ELM3" CAL MIN., MIN 7' TALL ATTIME OF PLANTING, MIN 4'SPREAD.EVERGREEN 80' T & W SYMBOT A N I C A L N A M E C O M M O N N A M E S I Z E A T P L A N T I N G S I Z E A T M A T U R I T Y H t X W AG AGAVE A M E R I C A N A C E N T U R Y P L A N T 5 G A L 8 ' x 8 ' BTBERBE R I S T . 'ATROP U R P U R E A ' R E D - L E A F B A R B E R R Y 5 G A L 5 ' x 5 ' HPHESPE R A L O E PARVIF L O L I A R E D Y U C C A 5 G A L 5 ' x 4 ' IBILEX C. ' B U R F O R D ' D W A R F B U R F O R D H O L L Y 5 G A L 4 ' - 6 ' x 4 ' - 6 ' IV ILEX V. ' N A N A ' D W A R F Y A U P O N H O L L Y 5 G A L 3 ' - 5 ' x 5 ' LFLEUCO P H Y L L U M FRUCTE S C E N S ' G R E E N CLOUD' T E X A S R A N G E R 5 G A L 6 ' - 8 ' x 6 ' - 8 ' MC MUHLE N B E R G I A C . 'REGAL P R I N C E ' R E G A L P R I N C E P I N K M U H L Y 1 G A L 3 ' x 6 ' NTNASSEL L A TENUIS S I M A M E X I C A N F E A T H E R G R A S S 2 G A L 2 ' x 2 ' - 3 ' RPRHAPHI O L E P I S I . 'PINKIE' P I N K I E I N D I A N H A W T H O R N 5 G A L 4 ' - 5 ' x 4 ' S Y M B O T A N I C A L N A M E C O M M O N N A M E C O M M E N T S E U O N Y M O U S ' P U R P L E W I N T E R C R E E P E R ' P U R P L E W I N T E R C R E E P E R 3 6 " O C F R O M 2 G A L C O N T A I N E R S N A S S E L L A T E N N U I S S I M A M E X I C A N F E A T H E R G R A S S 2 4 " O C F R O M 2 G A L C O N T A I N E R S S A L V I A G . ' F U R M A N ' S R E D ' A U T U M N S A G E 3 0 " O C F R O M 2 G A L C O N T A I N E R S S A N T O L I N A V I R E N S G R E E N L A V E N D E R C O T T O N 3 0 " O C F R O M 2 G A L C O N T A I N E R S R O S E M A R I N U S O . ' H U N T I N G T O N B L U E ' H U N T I N G T O N B L U E R O S E M A R Y 3 6 ' O C F R O M 2 G A L C O N T A I N E R S B U F F A L O G R A S S S E E D B U F F A L O G R A S S 4 # / 1 0 0 0 S F B U F F A L O G R A S S S O D B U F F A L O G R A S S M I X E D U N I R R I G A T E D N A T I V E G R A S S E S A N D F O R B E S T B D T B D S H E E T O F L O C A T I O N M A P R . E . M A N A G E R L A N D D E V E L O P M E N T S E R V I C E S S C O T T A . M O M M E R C O N S U L T I N G 4 6 9 4 W E S T J A C Q U E L Y N A V E N U E - F R E S N O , C A 9 3 7 2 2 T E L : 5 5 9 9 7 8 - 7 0 0 0 F A X : 5 5 9 2 7 6 - 0 8 5 0 S M O M M E R @ S C O T T M O M M E R . C O M P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T S C O T T M O M M E R N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' S C A L E 1 " = 3 0 ' 3 0 ' 6 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D L U I S R E B E L O J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A L A N D S C A P E P L A N E X H I B I T G 8 9 / 2 7 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 S i e r r a D e s i g n s , I n c R E V I E W S E T - N O T F O R B I D O R C O N S T R U C T I O N 7 MATC H L I N E - S E E S H E E T 6 1 1 3 N . C h u r c h S t r e e t , S u i t e 3 1 0 V i s a l i a , C a l i f o r n i a 9 3 2 9 1 T e l e : 5 5 9 . 7 3 3 . 3 6 9 0 F a x : 5 5 9 . 7 3 3 . 3 6 9 4 T e x a s R e g L A # 2 9 2 3 1 1 . 7 . 2 0 1 6 . \ S D I S e a l s & L o g o \ K a y S i g n a t u r e . j p g . H I C H U A STE S C C T T E S A K E T S T A IREG 3 2 O F 9 2 E T X H R L D R E C A A N D S T E P A M E R . I t e m 6 C I T Y O F P R O S P E R N O T E S P L A N T I N G N O T E S 1 ) P l a n t m a t e r i a l s h a l l b e m e a s u r e d a n d s i z e d a c c o r d i n g t o t h e l a t e s t e d i t i o n o f t h e T e x a s N u r s e r y & L a n d s c a p e A s s o c i a t i o n ( T N L A ) S p e c i f i c a t i o n s , G r a d e s a n d S t a n d a r d s . 2 ) A l l p l a n t s u b s t i t u t i o n s a r e s u b j e c t t o T o w n a p p r o v a l a n d m u s t b e s p e c i f i e d o n t h e a p p r o v e d l a n d s c a p e p l a n . 3 ) A l l t u r f a r e a s t o b e e s t a b l i s h e d p r i o r t o t h e C e r t i f i c a t e o f O c c u p a n y , u n l e s s o t h e r w i s e a p p r o v e d b y t h e T o w n . 4 ) G r o u n d c o v e r s u s e d i n l i e u o f t u r f g r a s s m u s t p r o v i d e c o m p l e t e c o v e r a g e w i t h i n o n e ( 1 ) y e a r o f p l a n t i n g a n d m a i n t a i n a d e q u a t e c o v e r a g e a s a p p r o v e d b y t h e T o w n . 5 ) T r e e s m u s t b e p l a n t e d f o u r f e e t ( 4 ’ ) o r g r e a t e r f r o m c u r b s , s i d e w a l k s , u t i l i t y l i n e s , s c r e e n i n g w a l l s , a n d / o r o t h e r s t r u c t u r e s . T h e T o w n h a s f i n a l a p p r o v a l f o r a l l t r e e p l a c e m e n t s . 6 ) T r e e p i t s s h a l l h a v e r o u g h e n e d s i d e s a n d b e t w o t o t h r e e t i m e s w i d e r t h a n t h e r o o t b a l l o f t h e t r e e i n o r d e r t o f a c i l i t a t e h e a l t h y r o o t g r o w t h . 7 ) T r e e p i t s s h a l l b e t e s t e d f o r w a t e r p e r c o l a t i o n . I f w a t e r d o e s n o t d r a i n o u t o f t r e e p i t w i t h i n a 2 4 - h o u r p e r i o d , t h e c o n t r a c t o r s h a l l p r o v i d e b e r m i n g , o r d e v i s e a l t e r n a t i v e d r a i n a g e . 8 ) T r e e s s h a l l n o t b e p l a n t e d d e e p e r t h a n t h e b a s e o f t h e “ t r u n k f l a r e ” . 9 ) T h e t r e e p i t s h a l l b e b a c k f i l l e d w i t h n a t i v e t o p s o i l f r e e o f r o c k a n d o t h e r d e b r i s . 1 0 ) B u r l a p , t w i n e , a n d w i r e b a s k e t s s h a l l b e l o o s e n e d a n d p u l l e d b a c k f r o m t h e t r u n k o f t r e e a s m u c h a s p o s s i b l e . 1 1 ) T r e e s s h a l l n o t b e w a t e r e d t o e x c e s s t h a t r e s u l t s i n s o i l s a t u r a t i o n . I f s o i l b e c o m e s s a t u r a t e d , t h e w a t e r i n g s c h e d u l e s h a l l b e a d j u s t e d t o a l l o w f o r d r a i n a g e a n d a b s o r p t i o n o f t h e e x c e s s w a t e r . 1 2 ) A 3 - 4 ” l a y e r o f m u l c h s h a l l b e p r o v i d e d a r o u n d t h e b a s e o f t h e p l a n t e d t r e e . T h e m u l c h s h a l l b e p u l l e d b a c k 1 - 2 ” f r o m t h e t r u n k o f t h e t r e e . 1 3 ) N o p e r s o n ( s ) o r e n t i t y m a y u s e i m p r o p e r o r m a l i c i o u s m a i n t e n a n c e o r p r u n i n g t e c h n i q u e s w h i c h w o u l d l i k e l y l e a d t o t h e d e a t h o f t h e t r e e . I m p r o p e r o r m a l i c i o u s t e c h n i q u e s i n c l u d e , b u t a r e n o t l i m i t e d t o , t o p p i n g o r o t h e r u n s y m m e t r i c a l t r i m m i n g o f t r e e s , t r i m m i n g t r e e s w i t h a b a c k h o e , o r u s e o f f i r e o r p o i s o n t o c a u s e t h e d e a t h o f a t r e e . 1 4 ) T o p s o i l s h a l l b e a m i n i m u m o f 8 i n c h e s i n d e p t h i n p l a n t i n g a r e a s . S o i l s h a l l b e f r e e o f s t o n e s , r o o t s , a n d c l o d s a n d a n y o t h e r f o r e i g n m a t e r i a l t h a t i s n o t b e n e f i c i a l f o r p l a n t g r o w t h . 1 5 ) A l l p l a n t b e d s s h a l l b e t o p - d r e s s e d w i t h a m i n i m u m o f 3 i n c h e s o f m u l c h . 1 6 ) T r e e s o v e r h a n g i n g w a l k s a n d p a r k i n g s h a l l h a v e a m i n i m u m c l e a r t r u n k h e i g h t o f 7 f e e t . T r e e s o v e r h a n g i n g p u b l i c s t r e e t p a v e m e n t d r i v e a i s l e s a n d f i r e l a n e s s h a l l h a v e a m i n i m u m c l e a r t r u n k h e i g h t o f 1 4 f e e t . 1 7 ) A v i s i b i l i t y t r i a n g l e m u s t b e p r o v i d e d a t a l l i n t e r s e c t i o n s , w h e r e s h r u b s a r e n o t t o e x c e e d 3 0 i n c h e s i n h e i g h t , a n d t r e e s s h a l l h a v e a m i n i m u m c l e a r t r u n k h e i g h t o f 9 f e e t . 1 8 ) T r e e s p l a n t e d o n a s l o p e s h a l l h a v e t h e t r e e w e l l a t t h e a v e r a g e g r a d e o f s l o p e . 1 9 ) N o s h r u b s s h a l l b e p e r m i t t e d w i t h i n a r e a s l e s s t h a n 3 f e e t i n w i d t h . A l l b e d s l e s s t h a n 3 f e e t i n w i d t h s h a l l b e g r a s s , g r o u n d c o v e r , o r s o m e t y p e o f f i x e d p a v i n g . 2 0 ) T h e o w n e r , t e n a n t , a n d / o r t h e i r a g e n t s , i f a n y , s h a l l b e j o i n t l y a n d s e v e r a l l y r e s p o n s i b l e f o r t h e m a i n t e n a n c e , e s t a b l i s h m e n t , a n d p e r m a n e n c e o f p l a n t m a t e r i a l . A l l l a n d s c a p i n g s h a l l b e m a i n t a i n e d i n a n e a t a n d o r d e r l y m a n n e r a t a l l t i m e s . T h i s s h a l l i n c l u d e , b u t n o t l i m i t e d t o , m o w i n g , e d g i n g , p r u n i n g , f e r t i l i z i n g , w a t e r i n g , a n d o t h e r a c t i v i t i e s n e c e s s a r y f o r t h e m a i n t e n a n c e o f l a n d s c a p e d a r e a s . 2 1 ) A l l p l a n t m a t e r i a l s h a l l b e m a i n t a i n e d i n a h e a l t h y a n d g r o w i n g c o n d i t i o n a s i s a p p r o p r i a t e f o r t h e s e a s o n o f t h e y e a r . P l a n t m a t e r i a l t h a t i s d a m a g e d , d e s t r o y e d , o r r e m o v e d s h a l l b e r e p l a c e d w i t h p l a n t m a t e r i a l o f s i m i l a r s i z e a n d v a r i e t y w i t h i n 3 0 d a y s u n l e s s o t h e r w i s e a p p r o v e d i n w r i t i n g b y t h e T o w n o f P r o s p e r . 2 2 ) L a n d s c a p e a n d o p e n a r e a s s h a l l b e k e p t f r e e o f f t r a s h , l i t t e r , a n d w e e d s . 2 3 ) A n a u t o m a t i c i r r i g a t i o n s y s t e m s h a l l b e p r o v i d e d t o i r r i g a t e a l l l a n d s c a p e a r e a s . O v e r s p r a y o n s t r e e t s a n d w a l k s i s p r o h i b i t e d . A p e r m i t f r o m t h e b u i l d i n g i n s p e c t i o n d e p a r t m e n t i s r e q u i r e d f o r e a c h i r r i g a t i o n s y s t e m . 2 4 ) N o p l a n t m a t e r i a l s h a l l b e a l l o w e d t o e n c r o a c h o n r i g h t - o f - w a y , s i d e w a l k s , o r e a s e m e n t s t o t h e e x t e n t t h a t t h e v i s i o n o r r o u t e o f t r a v e l f o r v e h i c u l a r , p e d e s t r i a n , o r b i c y c l e t r a f f i c i s i m p e d e d . 2 5 ) N o p l a n t i n g a r e a s s h a l l e x c e e d 3 : 1 s l o p e . 3 ’ h o r i z o n t a l t o 1 ’ v e r t i c a l . 2 6 ) E a r t h e n b e r m s s h a l l n o t i n c l u d e c o n s t r u c t i o n d e b r i s . C o n t r a c t o r m u s t c o r r e c t s l i p p a g e o r d a m a g e t o t h e s m o o t h f i n i s h g r a d e o f t h e b e r m p r i o r t o a c c e p t a n c e . 2 7 ) A l l w a l k w a y s s h a l l m e e t A . D . A . a n d T . A . S . r e q u i r e m e n t s . 2 8 ) C o n t a c t T o w n o f P r o s p e r P a r k s a n d R e c r e a t i o n D i v i s i o n a t ( 9 7 2 ) 3 4 6 - 3 5 0 2 f o r l a n d s c a p e i n s p e c t i o n . N o t e t h a t l a n d s c a p e i n s t a l l a t i o n m u s t c o m p l y w i t h a p p r o v e d l a n d s c a p e p l a n s p r i o r t o f i n a l a c c e p t a n c e b y t h e T o w n a n d / o r o b t a i n i n g a C e r t i f i c a t e o f O c c u p a n c y . 2 9 ) F i n a l i n s p e c t i o n a n d a p p r o v a l o f s c r e e n i n g w a l l s , i r r i g a t i o n , a n d l a n d s c a p e i s s u b j e c t t o a l l p u b l i c u t i l i t i e s , i n c l u d i n g b u t n o t l i m i t e d t o m a n h o l e s , v a l v e s , w a t e r m e t e r s , c l e a n o u t s , a n d o t h e r a p p u r t e n a n c e s , t o b e a c c e s s i b l e , a d j u s t e d t o g r a d e , a n d t o t h e T o w n o f P r o s p e r ’ s P u b l i c W o r k s D e p a r t m e n t s t a n d a r d s . 3 0 ) P r i o r t o c a l l i n g f o r a l a n d s c a p e i n s p e c t i o n , c o n t r a c t o r i s r e s p o n s i b l e f o r m a r k i n g a l l m a n h o l e s , v a l v e s , w a t e r m e t e r s , c l e a n o u t s , a n d o t h e r u t i l i t y a p p u r t e n a n c e s w i t h f l a g g i n g f o r f i e l d v e r i f i c a t i o n b y t h e T o w n . I R R I G A T I O N N O T E S 1 ) M a i n l i n e s , v a l v e s , o r c o n t r o l w i r e s s h a l l n o t b e l o c a t e d i n t h e T o w n o f P r o s p e r r i g h t - o f - w a y . 2 ) A l l s y s t e m s s h a l l h a v e r a i n , w i n d , a n d f r e e z e s e n s o r s . T h e s e n s o r s s h a l l n o t b e w i r e d i n - l i n e . T h e y s h a l l b e c a p a b l e o f w o r k i n g i n d e p e n d e n t l y o f e a c h o t h e r . 3 ) L o c a t e v a l v e s a m i n i m u m o f 3 f e e t a w a y f r o m a n y s t o r m s e w e r , w a t e r , a n d s a n i t a r y s e w e r l i n e s a n d 5 f e e t f r o m T o w n f i r e h y d r a n t s a n d w a t e r v a l v e s . 4 ) T h e b o r e d e p t h u n d e r s t r e e t s , d r i v e a i s l e s , a n d f i r e l a n e s s h a l l a l l o w t w o f e e t ( m i n i m u m ) f r o m t h e b o t t o m o f p a v i n g t o t h e t o p o f t h e s l e e v e o r g r e a t e r i f r e q u i r e d t o c l e a r o t h e r u t i l i t i e s . 5 ) A n y t i m e h e a d s a r e p l a c e d i n s u c h a m a n n e r a s t o b e p a r a l l e l a n d n e a r a p u b l i c w a t e r a n d s a n i t a r y s e w e r l i n e , t h e s e h e a d s s h a l l b e f e d f r o m s t u b b e d l a t e r a l s o r b u l l h e a d s . A m i n i m u m o f 5 f e e t s e p a r a t i o n i s r e q u i r e d b e t w e e n i r r i g a t i o n m a i n l i n e s a n d l a t e r a l s t h a t r u n p a r a l l e l t o p u b l i c w a t e r a n d s a n i t a r y s e w e r l i n e s . 6 ) I r r i g a t i o n s y s t e m s h a l l b e d e s i g n e d t o m i n i m i z e r u n o f f w a t e r f r o m p a v e d o r l a n d s c a p e d a r e a s . 7 ) A l l i r r i g a t i o n h e a d s i n t h e T o w n o f P r o s p e r r i g h t - o f - w a y s h a l l u t i l i z e a s w i n g j o i n t c o n n e c t i o n . 8 ) N o v a l v e s , b a c k f l o w p r e v e n t e r a s s e m b l i e s , q u i c k c o u p l e r s , e t c . s h a l l b e l o c a t e d c l o s e r t h a n 1 0 ’ f r o m t h e c u r b a t s t r e e t o r d r i v e i n t e r s e c t i o n . 9 ) B e f o r e e x c a v a t i o n o r b o r i n g c a l l : D i g T e s s a t 1 - 8 0 0 - 3 4 4 - 8 3 7 7 . 1 0 ) P l a n i s d e s i g n e d a c c o r d i n g t o a l l s t a n d a r d s a s d e f i n e d b y T e x a s C o m m i s s i o n o n E n v i r o n m e n t a l Q u a l i t y ( T C E Q ) 3 0 T A C 3 4 4 - L a n d s c a p e I r r i g a t i o n . S H E E T O F L O C A T I O N M A P R . E . M A N A G E R L A N D D E V E L O P M E N T S E R V I C E S S C O T T A . M O M M E R C O N S U L T I N G 4 6 9 4 W E S T J A C Q U E L Y N A V E N U E - F R E S N O , C A 9 3 7 2 2 T E L : 5 5 9 9 7 8 - 7 0 0 0 F A X : 5 5 9 2 7 6 - 0 8 5 0 S M O M M E R @ S C O T T M O M M E R . C O M P R O S P E R , T X S I T E D E V . C O O R D I N A T O R R . E . A G E N D A N A M E S I T E P L A N N E R R . E . M A R K E T S C O T T M O M M E R N W S E D A T E : R E V I S I O N D A T E S : S A M C P R O J E C T N U M B E R H O M E D E P O T S I T E I D # 0 ' S C A L E 1 " = 3 0 ' 3 0 ' 6 0 ' 7 / 1 1 / 2 0 1 6 A D D R E S S : S M 2 1 0 . 1 5 N E C U S 3 8 0 & G E E R O A D L U I S R E B E L O J E F F H A R D M A N N O T T O S C A L E S I T E N S 3 8 0 4 2 3 P R O P O S E D W I N D S O N G R A N C H M A R K E T P L A C E L O T 1 0 , B L O C K A L A N D S C A P E P L A N E X H I B I T G 8 9 / 2 7 / 2 0 1 6 W I N D S O N G R A N C H M A R K E T P L A C E - T H E H O M E D E P O T R E V I S I O N N O T E S : T O T A L S I T E A C R E A G E : 1 1 . 0 2 6 A C / 4 8 0 , 2 9 2 S . F . Z 1 6 - 0 0 1 6 8 S i e r r a D e s i g n s , I n c R E V I E W S E T - N O T F O R B I D O R C O N S T R U C T I O N ACONIFER PLANTING AND STAKINGBGUY SUPPORT FOR TREES3" CALIPER AND ABOVE C T R E E P L A N T I N G O N S L O P E S DLODGEPOLE TREE STAKES ON TREESLESS THAN 3" CALIPERESHRUB PLANTING F R O O T B A R R I E R S 1 1 3 N . C h u r c h S t r e e t , S u i t e 3 1 0 V i s a l i a , C a l i f o r n i a 9 3 2 9 1 T e l e : 5 5 9 . 7 3 3 . 3 6 9 0 F a x : 5 5 9 . 7 3 3 . 3 6 9 4 T e x a s R e g L A # 2 9 2 3 9 . 2 7 . 2 0 1 6 . H I C H U A STE S C C T T E S A K E T S T A IREG 3 2 O F 9 2 E T X H R L D R E C A A N D S T E P A M E R . I t e m 6 PROPOSED HOME DEPOT – FRONT ELEVATION APPROVED WINDSONG RANCH MARKETPLACE – FRONT ELEVATION Item 6 Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue, Fresno CA 93722 Phone: (559) 978-1000 November 10, 2016 Alex Glushko Senior Planner Town of Prosper Planning Department 409 E First Street Prosper, TX 75078 Re: Town Case #: Z16-0016 Windsong Ranch Marketplace - The Home Depot Dear Mr. Glushko, On behalf of Home Depot we appreciate the Commission taking the time to review the proposed application for the Home Depot related to its Special Use Permit request for Outdoor Sales. As you may be aware, prior to the P&Z Hearing on October 4th, 2016, our Development Team had two meetings with the Town’s Executive Committee to review the project submittal package. Prior to these meetings, our Development Team met with City Staff on two occasions prior to the Executive Committee to Review the project and application where we were provided guidance on the appropriate process for submitting the application and identification occurred of some adjustments to the Site Plan and Building Elevation prior to our resubmittal. At the meeting with City Staff and the Executive Board, we were urged to reach out to the Developer and/or Homeowners of the Windsong Development. Our initial meeting with the Windsong Ranch Developer, we reviewed the proposed project and they expressed concerns related to landscaping along Windsong Parkway and the rear of the proposed Home Depot. Over the course of several weeks, we worked in conjunction with the Developer and his Landscape Architect to develop a Landscape Plan that would be cohesive with their Master Development and provide the appropriate screening from the public right-of-way. After several reviews and a couple of meetings, the proposed plans were supported by the Master Development and was included as part of our final submittal to the City. At the Public Hearing on October 4th, 2016, there were additional concerns by the residents of how the screening from Windsong Parkway would actually occur over time and also along the rear of the store. The hearing was continued until November 15th, 2016 to give the Applicant and the Homeowner’s time to review and discuss these items in greater detail. We initially met in person and/or by Web Meeting shortly after the meeting on October 6th and discussed some of the issues of their concerns and further clarification. These can best be captured by the following bullets:  Provide actual tree sizes for the growth along the rear of the store and Windsong Parkway for clarification. Item 6  Since there was a screen wall which would be on top of a retaining wall, it was requested to evaluate whether enough space could be generated to create a ledge on top of the retaining wall for trees of an average height of twelve (12) feet.  Along Windsong Parkway between the Home Depot main driveway and rear driveway to provide for a six (6) foot berm with landscaping to be installed at day 1 with an average height of twelve (12) feet and show how they will grow over the next five years.  Provide a truck route for the proposed Home Depot.  Provide a Site Lighting Plan to show that there is no spillage of lighting along the rear property line.  Provide the anticipated sound levels to be generated by operating Home Depot. In addition, the residents were supportive of the following items:  Building Elevations as depicted showing 10% stone in the rear of the building.  As a result, the screening from Windsong Parkway, the residents had no objection to the staging, sales area, or the proposed seasonal sales area with the black metal fencing as denoted.  The residents understood that planting of trees in the front of an operating Home Depot due to its type of merchandising would not be practical in the fact that Home Depot is installing additional landscaping around the perimeter. The following is a comprehensive list of updates and modifications that we believe addresses the concerns raised by the City of Prosper, the HOA, and concerned residents;  10% stone requirement has been met for back of building.  ‘Outdoor Sales and Display’ area located directly east of the G.C. has been updated to indicate ‘Outdoor Storage’ area.  Screen wall by the equipment area was extended at the landscape island by the equipment area.  Table in Exhibit G was updated to include call outs for plant sizes.  Square footage of Home Depot building was updated from 106,484 to 106,299, and the Garden center from 28,144 to 28,118. This changed the required parking from 302 to 299.  Tree palette has been updated to indicate 3” Cal. Min.  Water Easement location has been updated. Changes resulted in moving retaining and screen wall for increased landscaping area near truck dock. Also, updated berm along Windsong Parkway frontage to 6’ high to buffer loading dock and Garden Center.  The cart corral has been modified to be a solid black metal cart return per the attached photograph.  The seasonal sales area will have a black metal fencing as depicted in the attached photograph, in which permanent sleeves will be placed into the pavement for securing the fence post. I appreciate all of your assistance in this matter. Should you have any questions or comments, please feel free to contact me by email at smommer@scottmommer.com or by phone at (559) 978-1000. Sincerely, SCOTT A. MOMMER CONSULTING Scott A. Mommer Scott A. Mommer, P.E., QSD Item 6 November 12, 2016 To: Town of Prosper – Planning & Zoning From: Carl Ackermann & Jane Matthews Windsong Ranch homeowners Re: Home Depot Site Plan Amendments In anticipation of the November 15, 2016 Town of Prosper Public Hearing wherein proposed amendments to the Windsong Ranch retail development’s Home Depot site will be discussed, we, as representatives of the Windsong Ranch homeowners, have had several conversations with Home Depot representatives, Jeff Hardman, Scott Mommer, PE, QSD, and Kay Hutmacher, to make sure that the voices of the Windsong residents are heard. They have acted as true partners in this effort, and have been receptive to our comments and diligent in their efforts to reach a satisfactory resolution. As clarified in our October resident meetings on this subject, the twin goals of maintaining the Windsong Ranch name and quality were identified. We believe that Home Depot has created a plan that acknowledges and is respectful of our desires that our homes, our views, and our community remain beautiful. Evidence of that can be seen through Home Depot’s PowerPoint presentation, accessible here: https://drive.google.com/file/d/0B4XDPRERMZH5aFpfNWRGdXM3MjA/view? usp=sharing To address the concerns of the residents, Home Depot has added additional landscaping around the north and east borders, creating greater coverage than originally planned. It has also clarified noise and lighting levels. The PowerPoint includes several depictions of the anticipated site, included additional information on trucking routes, cart corrals, and seasonal sales areas. We have reviewed various iterations of this PowerPoint presentation, and have seen great improvements. With the condition that Home Depot fully commit to honoring the plans and maintaining the site as they appear on the PowerPoint slides, we are satisfied with the final result and hopeful for many years of a positive, respectful, and collaborative relationship with our neighbor, Home Depot. Thank you, Jane Matthews and Carl Ackermann cc: Home Depot, Windsong Ranch residents, Hearing attendees Item 6 Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to rezone 14.1± acres from Planned Development-43 (PD-43) to Planned Development-Commercial (PD-C), located on the north side of US 380, 700± feet west of Mahard Parkway, to facilitate the development of an automobile sales and/or leasing facility (Ford). (Z16-0025). Description of Agenda Item: The applicant has requested this item be tabled and the Public Hearing continued to the January 10, 2017, Town Council meeting, as outlined in the attached letter. Attachments: 1.Tabling Request Letter Town Staff Recommendation: Town staff recommends this item be tabled and the Public Hearing continued to the January 10, 2017, Town Council meeting. Proposed Motion: I move to table this item and continue the Public Hearing to the January 10, 2017, Town Council meeting. Prosper is a place where everyone matters. PLANNING Item 7 I t e m 7 Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Planned Development-38 (PD-38), on 83.6± acres, located on the northeast corner of US 380 and Coit Road. (Z16-0027). 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-38- Retail CVS Pharmacy and Undeveloped US 380 District North Planned Development-25- Single Family Prosper Independent School District (Rogers Middle School) and Undeveloped US 380 District East Planned Development-25- Mixed Use Undeveloped US 380 District South City of McKinney City of McKinney City of McKinney West Planned Development-2 Corridor District Undeveloped US 380 District Requested Zoning/Background – PD-38 was most recently amended by the Town Council in 2015 in response to a request to develop a CVS Pharmacy at the northeast corner of US 380 and Coit Road. The original PD-38 was adopted in 2007 to accommodate a unified development for the entire 83.6-acre tract in accordance with a specific plan. The tract was subsequently subdivided by metes and bounds transactions into multiple parcels, thus negating the original vision of the parent tract. Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 4 The applicant for the western-most tract (Tract A, as shown on Exhibit A) desires to deviate from the development plan and standards as established by current PD-38 in order to develop a Market Street big box grocery store with drive-thru pharmacy and a convenience store with a drive-thru and fuel pumps. The request requires approval of a PD amendment due to the following deviations to the current PD-38: • Exhibit C – The proposed amendments to the Development Standards are as follows: o Convenience Store with Fuel Pumps – Conditional Development Standards of the Zoning Ordinance require convenience stores with fuel pumps to locate within two hundred feet (200’) of the right-of-way lines of intersecting major thoroughfares. As depicted on Exhibit D, the applicant is proposing to locate the convenience store and fuel pumps along the mid-block, approximately 800± feet east of the intersection. The initial application identified eight (8) fuel pump islands in conjunction with the convenience store on Lot 6. The applicant recently revised Exhibit D to include ten (10) fuel pump islands. In order to accommodate the additional pump islands, Lot 6 increased in size, resulting in a decrease in the size of Lot 7. The decrease in the size of Lot 7 precludes it from accommodating a sit-down restaurant. Additionally, Lot 5 to the east of the fuel center, is not large enough to accommodate a sit-down restaurant. Even though the PD permits a maximum of one (1) restaurant with drive- thru service on US 380, Lots 5 and 7 appear to be able to accommodate only drive- thru restaurant or a small retail store. It is important to note that none of the proposed lots fronting on Coit Road, Lots 9-12, are large enough to accommodate a sit-down restaurant. These lots will range in size from 0.9837 acre to 1.3157 acres. Sit-down restaurants typically require at least 1.6 acres of land area to accommodate the facility and parking. o Outdoor Merchandise Display, Incidental – Per the Zoning Ordinance, Outdoor Merchandise Display, Incidental is permitted by the approval of a Specific Use Permit in the Retail District. The display of outdoor merchandise is a critical component of the proposed use; therefore, the proposed PD allows for the display of merchandise in conjunction with the big box retail building and the convenience store with fuel pumps subject to the regulations noted in subsection A.4.12 of Exhibit C. Item 8 Page 3 of 4 o Detention – The current PD requires all above ground detention ponds to be treated as open space amenities, including landscaping and being constructed to maintain a constant water elevation. The applicant originally requested this provision be eliminated from the PD, but based on the Planning & Zoning Commission’s recommendation that it remain, the applicant has revised the request to leave the provision in the PD. o Drive-Thru Restaurants  US 380 – The current PD prohibits adjacent drive-thru restaurants along US 380. The proposed PD includes a limitation of one drive-thru restaurant along US 380 within Tract A, provided it is not adjacent to a drive-thru restaurant within Tract B. But as noted above, Lots 5 and 7 appear to be designed to accommodate drive-thru restaurants.  Coit Road – Exhibit D of the current PD only depicts one pad site along Coit Road (Lot 5), which is limited to a sit-down restaurant. As shown on proposed Exhibit D, the applicant is proposing four pad sites and limiting the number of drive-thru restaurants to a maximum of two, provided they are not adjacent to one another. o Cart Corrals – If cart corrals are installed in the parking lot, the applicant is proposing that the cart collection areas shall be curbed and shall be enclosed with a minimum three foot (3’) high ornamental metal fence. • Exhibit D – The current PD shows Tract A as anchored by a large, retail development and separated from US 380 by an open space lot and four (4) pad sites. As depicted on Exhibit D, the applicant is proposing a convenience store with drive-thru and fuel pumps on Lot 3 fronting US 380. Additional pad sites are proposed along Coit Road. The current PD-38 requires a Conceptual Development Plan prior to development of Tracts B, C, and D. On November 15, 2016, the Planning & Zoning Commission approved a Conceptual Development Plan and Elevations for Tract B, which have been attached for reference. Future Land Use Plan – The Future Land Use Plan recommends US 380 District for the property. The proposed rezoning request conforms to the Future Land Use Plan. Thoroughfare Plan – The property is adjacent to US 380, an existing TxDOT thoroughfare, and Coit Road, an existing major thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service has been extended to the property. Sanitary sewer service will need to be extended to the site prior to or in conjunction with development. Access – Access to the property will be provided from US 380, Coit Road, and Richland Boulevard. Schools – This property is served by the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Item 8 Page 4 of 4 Environmental Considerations – There is no 100-year floodplain located on the property. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has received one Public Hearing Notice Reply form, not in opposition to the request. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Aerial and Zoning maps 3. Proposed Exhibit C (Redline and Final Versions) 4. Proposed Exhibits D and F 5. Current PD-38 6. P&Z Approved Conceptual Development Plan and Elevations (Tract B) 7. Public Hearing Notice Reply Form Planning & Zoning Commission Recommendation: At their December 6, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0, subject to: 1. Maintaining the PD provision requiring all above ground detention ponds to include a constant water level; 2. Replacing the current PD Tract A Concept Elevations with the Market Street Concept Elevations; 3. Consideration of limiting drive-thru restaurants on Coit Road to a maximum of one. Subsequent to the Planning & Zoning Commission’s recommendation, the applicant has revised Exhibit C to maintain the PD provision requiring all above ground detention ponds to include a constant water level. In addition, staff is in agreement with Commission recommendations #2 and #3, and recommends the same. Town Staff Recommendation: Town staff recommends the Town Council approve an amendment to Planned Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and US 380 subject to: 1. Replacing the current PD Tract A Concept Elevations with the Market Street Concept Elevations; 2. Consideration of limiting drive-thru restaurants on Coit Road to a maximum of one. Proposed Motion: I move to approve an amendment to Planned Development-38 (PD-38), being 83.6± acres, located on the northeast corner of Coit Road and US 380 subject to: 1. Replacing the current PD Tract A Concept Elevations with the Market Street Concept Elevations; 2. Consideration of limiting drive-thru restaurants on Coit Road to a maximum of one. Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, ORDINANCE NO. 07-088 AND ORDINANCE NO. 15-65, BY REZONING A TRACT OF LAND CONSISTING OF 83.608 ACRES, MORE OR LESS, SITUATED IN THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-38 (PD-38) TO PLAN NED DEVELOPMENT-38 (PD-38); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has investigated and determined that the Town’s Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”), initiated an amendment to Planned Development-38 (PD-38), in conjunction with a request from Cothran Malibu, L.P. (“Applicant”), to rezone 83.608 acres of land, more or less, situated in the I.C. Williamson Survey, Abstract No. 948, in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the Town Council has further investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town’s Zoning Ordinance, Ordinance No. 07-088, and Ordinance No. 05-65. The Town’s Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 07-088, and Ordinance No. 15-65 are amended as follows: The zoning designation of the below-described property containing 83.608 acres of land, more or less, situated in the I.C. Williamson Survey, Abstract No. 948, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-38 (PD-38). The property as a whole and the boundaries for Item 8 Ordinance No. 16-__, Page 2 each zoning classification are more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purpose, attached hereto as Exhibit B; 2) the planned development standards, attached hereto as Exhibit C; 3) the concept plan, attached hereto as Exhibit D; 4) the development schedule, attached hereto as Exhibit E; 5) the conceptual elevations, attached hereto as Exhibits F and F-1, and 6) the conceptual landscape plan, attached hereto as Exhibits G, G-1, and G-2, which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet (200’) of the District to be amended. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Item 8 Ordinance No. 16-__, Page 3 Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 8 Ordinance No. 15-65, Page 4 Item 8 Ordinance No. 15-65, Page 5 Item 8 EXHIBIT ‘B’ CVS Pharmacy intends to develop the hard corner of US 380 & Coit road with a 14,600 SF building with drive-thru service. The remainder of Tract A is designed as a shopping center to accommodate an approximate 115,000 square foot anchor retail building along with complimentary retail establishments containing restaurant and typical service tenants. Other than CVS, there are four (4) planned outparcels which may contain a combination of national and regional retailers including banks, casual dining restaurants as well as established quick-service restaurants. Tracts B, C & D are under separate ownership, but governed by the same zoning, Planned Development-38 (PD-38). This Planned Development request is intended to resolve the discrepancy between the zoning and ownership circumstances and allow for the development of a CVS Pharmacy in the near term and future retail and service of the remaining property in the future. Ordinance No. 15-65, Page 6 Item 8 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 Retail District A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Conceptual Development Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on Exhibit D. A big box retail building with a drive-thru pharmacy and a convenience store with drive-thru and fuel pumps are permitted uses as depicted on Exhibit D. With the exception of the location requirements, the convenience store with fuel pumps shall be in conformance with the Conditional Development Standards of the Zoning Ordinance No. 05-20 as it exists or may be amended. Outdoor Merchandise Display, Incidental is Item 8 2 permitted only in conjunction with the big box retail building and the convenience store with fuel pumps and subject to the regulations noted in subsection A.4.12 below. The following uses shall be prohibited: 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 A.4 Regulations 1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 3. Richland Blvd. – Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. Item 8 3 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. A maximum of one (1) restaurant with drive-thru service is permitted on a lot fronting on US 380. A restaurant with drive-thru service is not permitted adjacent a restaurant with drive-thru service located on Tract B. 11. A maximum of two (2) restaurants with drive-thru service are permitted on lots fronting on Coit Road; however, the drive-thru restaurants may not be adjacent to each other. 12. The open space tract/lot shall be depicted as a component of Phase 1 and developed and constructed in conjunction with the proposed CVS Pharmacy. The open space tract shall be landscaped and subject to Town staff approval. 13. Outdoor Merchandise Display, Incidental is subject to, a. Limited to the areas in front of the big box retail building and in front of the convenience store with fuel pumps building b. Limited to within 25 feet of the front of the big box retail building and to within (ten) 10 feet of the front of the convenience store with fuel pumps building c. Materials shall not be located adjacent to the fuel pumps or under the fuel pump canopy d. Materials cannot impair ADA access, nor block doorways, driveways or fire lanes. 14. If cart corrals are installed in the parking lot, the cart collection areas shall be curbed and shall be enclosed with a minimum three foot (3’) high ornamental metal fence. Tract B, C, & D Retail District B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail District, as it exists or may be amended. B.2 Development Plans 1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for each Tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. A Conceptual Development Plan shall be prepared and contain the same information as required for “Exhibits D and F” associated with the application for a Planned Development District. The required information of Exhibits D and F associated with a Item 8 4 Planned Development District are denoted in the Town’s Development Manual as it exists or may be amended. This Conceptual Development Plan shall be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following uses which shall be prohibited: 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 B.4 Regulations 1. US 380 – On Tracts B, C, & D tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Richland Blvd. – On Tracts B, C, & D tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape Item 8 5 buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard and the east property line, evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Restaurants with drive-thru service are not allowed on consecutive lots. Item 8 COMPACTOR RAILING NOTES: 1.THE THOROUGHFARE ALINGMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 2. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY. 3. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH ZONING ORDINANCE. 4. OPEN STORAGE, WHERE PERMITTED. SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 5. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 6. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 7. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 8. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED, ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 9. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 10. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 11. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 12. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFIRM TO AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT ADOPTED BUILDING CODE. 13. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 14. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 15. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 16. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 17. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 18. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 19. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 20. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 21. ALL REQUIRED TREES THAT CONFLICT WITH THE EXISTING 50' GAS EASEMENT MUST BE LOCATED IN AN ALTERNATE LOCATION OUTSIDE OF THE 50' GAS EASEMENT ON THE SUBJECT PROPERTY AS DESIGNATED ON THIS EXHIBIT (*). ALL OTHER ISLANDS SHALL BE DESIGNED IN A MATTER TO MEET TOWN'S LANDSCAPING REQUIREMENTS. 22. DRIVE-THRU SERVICES ARE NOT ALLOWED ON CONSECUTIVE LOTS. 23. 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, R: \ D W G S \ 1 9 9 - 0 0 1 \ D W G \ 1 9 9 - 0 0 1 C U R R E N T S I T E P L A N . d w g , 1 2 / 7 / 2 0 1 6 1 0 : 1 8 : 5 9 A M , c h r i s Item 8 EXHIBIT ‘E’ PROJECTED DEVELOPMENT SCHEDULE PROSPER CROSSING June 12, 2015 TRACT A: Phase 1 (CVS Pharmacy) a. Construction Start 02/01/16 b. Construction Completion 07/16/16 c. Store Opening 08/07/16 Phase 2 (Anchored Shopping Center a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD TRACTS B, C, & D a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD Ordinance No. 15-65, Page 13 Item 8 MANCHESTER CHAMPAGNE AUTUMN WHEAT STOSTOSTO STO STO ROOF BERRIDGE ZINC GREY ACME SANTA MARIA WOOD PANEL ALUMINUM TUBE BLACK AWNING BERRIDGE COLONIAL REDSPECTRALSTO - HEMP GOLD 18’ - 0 ” 30’ - 0 ” 33’ - 8 ” 37’ - 8 ” 42’ - 8 ” 18’ - 0 ” 30’ - 0 ” 33’ - 8 ” 37’ - 8 ” 42’ - 8 ” 24’ - 0 ” 26’ - 0 ” 28’ - 0 ” 28’ - 0 ” 26’ - 0 ” STUCCO STUCCO STUCCO STUCCO STUCCO STUCCOMETAL METAL STUCCO STUCCO STUCCO WOOD WOOD METAL AWNING STONE STONE METAL AWNING METAL AWNING Ordinance No. 15-65, Page 14 Item 8 Item 8 L-1 LANDSCAPE PLAN EXHIBIT G Z15-0008 Ordinance No. 15-65, Page 16 Item 8 L-2 LANDSCAPE PLAN EXHIBIT G Z15-0008EXHIBIT G-1 Ordinance No. 15-65, Page 17 Item 8 E X H I B I T G - 2 O r d i n a n c e N o . 1 5 - 6 5 , P a g e 1 8 I t e m 8 Z16-0027 CO I T R D UNIVERSITY DR L A K E W O O D D R RICHLAND BLVD JA C E D R TEXA N A D R SALA D A D R RE D B U D D R PALO DU R O D R DO V E R D R TWIN B U T T E S D R RED OAK CIR MO O R L A N D P A S S D R LI V I N G S T O N D R ALEXANDRIA DR LANG L E Y W A Y JE S S I E L N FAL C O N D R MART I N C R E E K D R KINGS T O N S T GARY DR MEA D O W B R O O K B L V D PRESARIO RD PR O S P E R C O M M O N S B L V D HYDE CT COLD W A T E R D R OLD SHIRE PATH RD HAMPTONBROOK DR MEADOW DELL DR ZACHARY LN BERTRAM RD AUBREYBROOK DR CO I T R D 0 325 650162.5 Feet ± Item 8 Z16-0027 S-4 S-2 S-8 CO I T R D UNIVERSITY DR L A K E W O O D D R RICHLAND BLVD JA C E D R TEXA N A D R SALA D A D R RE D B U D D R PALO DU R O D R DO V E R D R TWIN B U T T E S D R RED OAK CIR MO O R L A N D P A S S D R LI V I N G S T O N D R ALEXANDRIA DR LANG L E Y W A Y JE S S I E L N FAL C O N D R MART I N C R E E K D R KINGS T O N S T GARY DR MEA D O W B R O O K B L V D PRESARIO RD PR O S P E R C O M M O N S B L V D HYDE CT COLD W A T E R D R OLD SHIRE PATH RD HAMPTONBROOK DR MEADOW DELL DR ZACHARY LN BERTRAM RD AUBREYBROOK DR CO I T R D SFPD-25 MPD-25 SF-10PD-6 MFPD-2 CORPD-2 RPD-38 SF M R SF-10 MF R R COR RCCOR O C CC O 0 325 650162.5 Feet ± Item 8 Revised 2016-12-07 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 Retail District A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Conceptual Development Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on Exhibit D. A big box retail building with a drive-thru pharmacy and a convenience store with drive-thru and fuel pumps are permitted uses as depicted on Exhibit D. With the exception of the location requirements, the convenience store with fuel pumps shall be in conformance with the Conditional Development Standards of the Zoning Ordinance No. 05-20 as it exists or may be amended. Outdoor Merchandise Display, Incidental is Item 8 Revised 2016-12-07 2 permitted only in conjunction with the big box retail building and the convenience store with fuel pumps and subject to the regulations noted in subsection A.4.12 below. The following uses shall be prohibited: 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 A.4 Regulations 1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 3. Richland Blvd. – Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. Item 8 Revised 2016-12-07 3 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Drive-thru services are not permitted on consecutive lots. 11. A maximum of one (1) restaurant with drive-thru service is permitted on a lot fronting on US 380. A restaurant with drive-thru service is not permitted adjacent a restaurant with drive-thru service located on Tract B. 12. A maximum of two (2) restaurants with drive-thru service are permitted on lots fronting on Coit Road; however, the drive-thru restaurants may not be adjacent to each other. 13. Lots 2, 3, and 4 are designated for retail and drive-thru restaurant uses; however, drive-thru restaurants may not be adjacent to each other on those lots. Lot 5 shall be limited to a restaurant use and no drive-thru restaurant use shall be permitted. Further, the open space tract depicted on the site plan depicted in Exhibit D shall be depicted as a component of Phase 2 and developed and constructed in conjunction with the proposed CVS Pharmacy. The open space tract/lot depicted on the site plan shall be depicted as a component of Phase 1 and developed and constructed in conjunction with the proposed CVS Pharmacy. The open space tract shall be landscaped and subject to Town staff approval. 14. Outdoor Merchandise Display, Incidental is subject to, a. Limited to the areas in front of the big box retail building and in front of the convenience store with fuel pumps building b. Limited to within 25 feet of the front of the big box retail building and to within (ten) 10 feet of the front of the convenience store with fuel pumps building c. Materials shall not be located adjacent to the fuel pumps or under the fuel pump canopy d. Materials cannot impair ADA access, nor block doorways, driveways or fire lanes. 15. If cart corrals are installed in the parking lot, the cart collection areas shall be curbed and shall be enclosed with a minimum three foot (3’) high ornamental metal fence. Tract B, C, & D Retail District B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail District, as it exists or may be amended. B.2 Development Plans Item 8 Revised 2016-12-07 4 1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for each Tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. A Conceptual Development Plan shall be prepared and contain the same information as required for “Exhibits D and F” associated with the application for a Planned Development District. The required information of Exhibits D and F associated with a Planned Development District are denoted in the Town’s Development Manual as it exists or may be amended. This Conceptual Development Plan shall be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following uses which shall be prohibited: 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 B.4 Regulations Item 8 Revised 2016-12-07 5 1. US 380 – On Tracts B, C, & D tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Richland Blvd. – On Tracts B, C, & D tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard and the east property line, evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Restaurants with drive-thru service are not allowed on consecutive lots. Item 8 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 Retail District A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Conceptual Development Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on Exhibit D. A big box retail building with a drive-thru pharmacy and a convenience store with drive-thru and fuel pumps are permitted uses as depicted on Exhibit D. With the exception of the location requirements, the convenience store with fuel pumps shall be in conformance with the Conditional Development Standards of the Zoning Ordinance No. 05-20 as it exists or may be amended. Outdoor Merchandise Display, Incidental is Item 8 2 permitted only in conjunction with the big box retail building and the convenience store with fuel pumps and subject to the regulations noted in subsection A.4.12 below. The following uses shall be prohibited: 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 A.4 Regulations 1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 3. Richland Blvd. – Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. Item 8 3 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. A maximum of one (1) restaurant with drive-thru service is permitted on a lot fronting on US 380. A restaurant with drive-thru service is not permitted adjacent a restaurant with drive-thru service located on Tract B. 11. A maximum of two (2) restaurants with drive-thru service are permitted on lots fronting on Coit Road; however, the drive-thru restaurants may not be adjacent to each other. 12. The open space tract/lot shall be depicted as a component of Phase 1 and developed and constructed in conjunction with the proposed CVS Pharmacy. The open space tract shall be landscaped and subject to Town staff approval. 13. Outdoor Merchandise Display, Incidental is subject to, a. Limited to the areas in front of the big box retail building and in front of the convenience store with fuel pumps building b. Limited to within 25 feet of the front of the big box retail building and to within (ten) 10 feet of the front of the convenience store with fuel pumps building c. Materials shall not be located adjacent to the fuel pumps or under the fuel pump canopy d. Materials cannot impair ADA access, nor block doorways, driveways or fire lanes. 14. If cart corrals are installed in the parking lot, the cart collection areas shall be curbed and shall be enclosed with a minimum three foot (3’) high ornamental metal fence. Tract B, C, & D Retail District B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail District, as it exists or may be amended. B.2 Development Plans 1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for each Tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. A Conceptual Development Plan shall be prepared and contain the same information as required for “Exhibits D and F” associated with the application for a Planned Development District. The required information of Exhibits D and F associated with a Item 8 4 Planned Development District are denoted in the Town’s Development Manual as it exists or may be amended. This Conceptual Development Plan shall be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following uses which shall be prohibited: 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 B.4 Regulations 1. US 380 – On Tracts B, C, & D tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Richland Blvd. – On Tracts B, C, & D tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape Item 8 5 buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3’ minimum tall shrubs and 3’ minimum tall berms. 5. Loading Areas – Where loading areas are adjacent to Richland Boulevard and the east property line, evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50’ gas easement must be located in an alternate location outside of the 50’ gas easement on the subject property for the parking islands as designated on Exhibit ‘D’. All other islands shall be designed in a manner to meet Town’s landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town’s engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height – Maximum Building Height shall not exceed forty-five (45) feet. 10. Restaurants with drive-thru service are not allowed on consecutive lots. Item 8 COMPACTOR RAILING NOTES: 1.THE THOROUGHFARE ALINGMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 2. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY. 3. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH ZONING ORDINANCE. 4. OPEN STORAGE, WHERE PERMITTED. SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 5. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 6. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 7. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 8. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED, ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 9. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 10. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 11. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 12. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFIRM TO AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT ADOPTED BUILDING CODE. 13. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 14. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 15. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 16. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 17. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 18. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 19. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 20. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 21. ALL REQUIRED TREES THAT CONFLICT WITH THE EXISTING 50' GAS EASEMENT MUST BE LOCATED IN AN ALTERNATE LOCATION OUTSIDE OF THE 50' GAS EASEMENT ON THE SUBJECT PROPERTY AS DESIGNATED ON THIS EXHIBIT (*). ALL OTHER ISLANDS SHALL BE DESIGNED IN A MATTER TO MEET TOWN'S LANDSCAPING REQUIREMENTS. 22. DRIVE-THRU SERVICES ARE NOT ALLOWED ON CONSECUTIVE LOTS. 23. 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, R: \ D W G S \ 1 9 9 - 0 0 1 \ D W G \ 1 9 9 - 0 0 1 C U R R E N T S I T E P L A N . d w g , 1 2 / 7 / 2 0 1 6 1 0 : 1 8 : 5 9 A M , c h r i s Item 8 Item 8 PD-38 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 16 ' - 5 " 18 ' - 4 " 21 ' - 1 1 " 21 ' - 1 1 " 18 ' - 4 " 18 ' - 4 " 16 ' - 3 " 10 ' - 0 " 13 ' - 6 " 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft REAR - RETAIL BUILDING ELEVATION FRONT - RETAIL BUILDING ELEVATION LEFT SIDE - RETAIL BUILDING ELEVATION (RIGHT SIDE OPP. HAND) CP.11/ 8" = 1'-0" BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE. BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A Item 8 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 19 ' - 1 " 24 ' - 8 " 19 ' - 1 " 24 ' - 8 " 20 ' - 1 1 " 10 ' - 6 " 10 ' - 6 " 9' - 9 " TYPICAL OFFICE BUILDING ELEVATION - LEFT SIDE (RIGHT SIDE OPP. HAND) CP.21/ 8" = 1'-0" BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE. BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A Item 8 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! 34 sq ft 34 sq ft 34 sq ft 34 sq ft 34 sq ft 96 sq ft 27 ' - 6 " 25 ' - 0 " 19 ' - 0 " 28 ' - 9 " 25 ' - 0 " COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM DSDS DSDS DSDS DS DS MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 N ACADEMY NORTH ELEVATION (W/O PORTE COCHERE) ACADEMY EAST ELEVATION ACADEMY SOUTH ELEVATION CP.33/ 16" = 1'-0" BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A NOTE • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department” • "All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance" • “When permitted, exposed utility boxes and conduits shall be painted to match the building” • "All signage areas and locations are subject to approval by the Building Inspections Department" • “Windows shall have a maximum exterior visible reflectivity of ten (10) percent.” ACADEMY NORTH ELEVATION - PORTE COCHERE BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE.ACADEMY WEST ELEVATION ACADEMY FOOTPRINT Item 8 I t e m 8 Page 1 of 4 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding distance regulations for day cares and the sale of alcoholic beverages for off-premise and on-premise consumption. (Z16- 0024). Background and Purpose of the Proposed Amendment: The Texas Alcoholic Beverage Code (TABC) permits, but does not require, municipalities to establish 300-foot distance requirements between establishments that sell alcohol beverages for on-premise or off-premise consumption and schools including day care facilities. The Town has the option of whether or not to classify a day care as a “school.” The distance between an establishment and a public school, private school or day care is measured in a direct line from the property line of the establishment to the property line of the school. Currently, there are eleven (11) child day care centers in the Town. As the Town’s population continues to grow, staff anticipates there could be twenty-five (25) or more child day care centers. While some may be located near residential neighborhoods, many centers desire to locate along minor and major commercial thoroughfares for visibility and access. As more centers are developed, owners and developers of nearby commercial properties will be negatively impacted in their ability to market their property for grocery stores and restaurants. Since a child day care center is a commercial operation, staff does not believe that a grocery store, convenience store or a restaurant, that sells or serves alcoholic beverages within 300 feet of the facility, would have negative impacts. The cities of Allen, Frisco, McKinney, and Plano do not classify child day care centers as a “school” when imposing the 300-foot separation requirement. Staff is unaware of any negative impacts experienced in those communities by allowing these retail establishments within 300 feet of a child day care center. The proposed amendments to the Zoning Ordinance removes the 300-foot distance requirement between stores that sell beer and wine for off-premise consumption (grocery stores and convenience stores), restaurants that sell alcoholic beverages for on-premise consumption and “day care centers” and “child care centers.” The 300-foot distance requirement would remain for these establishments desiring to locate near public or private schools. Per TABC, a private school including a parochial school, must: Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 4 1. offer a course of instruction for students in one or more grades from kindergarten through grade twelve; and 2. have more than one hundred (100) students enrolled and attending courses at a single location. “Alcoholic Beverage Establishments,” which are establishments that on a quarterly basis derive 75% or more of its gross revenue from the sale of alcoholic beverages (bars) are required to be a minimum of 800 feet from public schools, and day cares. This requirement is not being changed. Proposed Amendments to the Zoning Ordinance: The specific, proposed amendments to the Zoning Ordinance are, 1) Amend #16, “Alcoholic Beverage Sales” of the Conditional Development Standards, by deleting sub-paragraph (e) regarding day care center or child center as noted below: “16. Alcoholic Beverage Sales Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as amended, shall mean any establishment, place of business or person engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premise personal or household consumption. a) Alcoholic Beverage Sales shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C, CC and I zoning districts. c) Beer sales are not permitted in residential zoning districts. d) Pursuant to the Town Charter, the sale of liquor, as defined in the Texas Alcoholic Beverage Code, as amended, shall be prohibited by a person or entity holding a package store permit, as described in the Texas Alcoholic Beverage Code, as amended, in any zoning district which allows, in whole or in part, residential development in the Town. e) The regulations herein applicable to a public school shall also apply to a day-care center or a child- care center as provided in Section 109.331, Texas Alcoholic Beverage Code, as amended. f) Alcoholic Beverage Sales shall not be located within the following: 1. Three hundred feet (300’) from a church, public school, private school, and/or public hospital. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if minors are prohibited from entering the place of business, as required by Section 109.53, Texas Alcoholic Beverage Code, as amended; or 2. One thousand feet (1,000) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution. But, the Town Council may not adopt this additional spacing requirement if: (i) minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to Section 109.53, Texas Alcoholic Beverage Code, as amended; (ii) the holder of a retail off-premise consumption permit or license if less than fifty percent (50%) of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or (iii) the holder of a license or permit issued under Chapter 27, 31 or 72, Texas Alcoholic Beverage Code, as amended, who is operating on the premises of a private school. Item 9 Page 3 of 4 g) Measurement of the distance between the place of business engaged in Alcoholic Beverage Sales and the church or public hospital shall be along the property line of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the place of business engaged in Alcoholic Beverage Sales and a public or private school shall be: 1. In a direct line from the Property Line of the public or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If Alcoholic Beverage Sales are located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base floor on which Alcoholic Beverage Sales are located. h) In accordance with Section 109.33, Texas Alcoholic Beverage Code, as amended, in this Paragraph 16, “private school” means a private school, including a parochial school, that: 1. Offers a course of instruction for students in one or more grades from kindergarten through grade twelve; and 2. Has more than one hundred (100) students enrolled and attending courses at a single location. i) If at any time an original Alcoholic Beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business, or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this Paragraph 16, then the same shall be deemed to satisfy the distance requirements for all subject renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.” 2) Amend #26, “Restaurant” of the Conditional Development Standards, by deleting sub- paragraph (e) regarding day care center or child center and eliminating the term, “Cafeteria” to be consistent with the Use Chart and Definitions of the Zoning Ordinance: “26. Restaurant (Ord. 15-74; 12-08-15) a) A Restaurant is permitted by Specific Use Permit in the NS Zoning District and is permitted by right in the O, DTO, DTR, R, DTC, C, and CC Zoning Districts subject. b) Restaurants with drive-through are only permitted in the R, C, and CC Zoning Districts. c) The distance requirement from any residential zoning district as established in Section 9.11 of Chapter 4 applies to restaurants with a drive-through. d) Restaurants that sell Alcoholic Beverages for on-premise consumption shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. e) The regulations herein applicable to a public school shall also apply to a day-care center or a child- care center as provided in Section 109.331, Texas Alcoholic Beverage Code, as amended. f) A Restaurant that sells Alcoholic Beverages for on-premise consumption shall not be located within the following: 1. Three hundred feet (300’) from a church, public hospital, public school and/or private school. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if the holder of a license or permit holds a food and beverage certificate covering a premise that is located within three hundred feet (300’) of a private school; or Item 9 Page 4 of 4 2. One thousand feet (1000’) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts such additional spacing requirements by resolution. Measurement for the distance between a Restaurant or Cafeteria where Alcoholic Beverages for on-premise consumption are sold and a church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections. g) Measurement for the distance between a Restaurant or Cafeteria where Alcoholic Beverages for on-premise consumption are sold and a public and/or private school shall be: 1. In a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If the Restaurant or Cafeteria that sells Alcoholic Beverages for on-premise consumption is located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base of the floor on which the Restaurant or Cafeteria is located. h) If a Restaurant receives seventy-five percent (75%) or more of its gross revenue on a quarterly basis from the sale or service of Alcoholic Beverages for on-premise consumption, the use will no longer qualify as a Restaurant or Cafeteria and will be classified and regulated by the Town as an Alcoholic Beverage Establishment under the Zoning Ordinance. i) There shall be no variances considered with regard to the regulations set forth herein.” Legal Obligations and Review: Notification was provided in the newspaper for the Town Council Public Hearing as required by state law. Town staff received one correspondence in support of the proposed amendment (attached). Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Correspondence in Support of Proposed Amendment 2. Ordinance Planning & Zoning Commission Recommendation: At their November 15, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Staff Recommendation: Staff recommends the Town Council approve an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance, as submitted. Proposed Motion: I move to approve an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding distance regulations for day cares and the sale of alcoholic beverages for off-premise and on-premise consumption. Item 9 Item 9 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, BY REPEALING EXISTING SUBSECTION 1.4(16), “ALCOHOLIC BEVERAGE SALES,” OF SECTION 1, “USE OF LAND AND BUILDINGS” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” AND REPLACING IT WITH A NEW SUBSECTION 1.4(16), “ALCOHOLIC BEVERAGE SALES,” OF SECTION 1, “USE OF LAND AND BUILDINGS” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS”; BY REPEALING EXISTING SUBSECTION 1.4(26), “RESTAURANT,” OF SECTION 1, “USE OF LAND AND BUILDINGS” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” AND REPLACING IT WITH A NEW SUBSECTION 1.4(26), “RESTAURANT,” OF SECTION 1, “USE OF LAND AND BUILDINGS” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS”; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AN D PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Subsection 1.4(16), “Alcoholic Beverage Sales,” of Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with a new Subsection 1.4(16), “ Alcoholic Beverage Sales,” to read as follows: “16. Alcoholic Beverage Sales Alcoholic Beverage Sales, as defined by the Prosper Zoning Ordinance, as amended, shall mean any establishment, place of business or person engaged in the selling of Alcoholic Beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premise personal or household consumption. Item 9 Ordinance No. 16-__ , Page 2 a) Alcoholic Beverage Sales shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. b) Alcoholic Beverage Sales are permitted only in the NS, DTR, R, DTC, C, CC and I zoning districts. c) Beer sales are not permitted in residential zoning districts. d) Pursuant to the Town Charter, the sale of liquor, as defined in the Texas Alcoholic Beverage Code, as amended, shall be prohibited by a person or entity holding a package store permit, as described in the Texas Alcoholic Beverage Code, as amended, in any zoning district which allows, in whole or in part, residential development in the Town. e) Alcoholic Beverage Sales shall not be located within the following: 1. Three hundred feet (300’) from a church, public school, private school, and/or public hospital. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if minors are prohibited from entering the place of business, as required by Section 109.53, Texas Alcoholic Beverage Code, as amended; or 2. One thousand feet (1,000’) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution. But, the Town Council may not adopt this additional spacing requirement if: (i) minors are prohibited from entering the place of business engaged in Alcoholic Beverage Sales, pursuant to Section 109.53, Texas Alcoholic Beverage Code, as amended; (ii) the holder of a retail off-premise consumption permit or license if less than fifty percent (50%) of the gross receipt for the premises, excluding the sale of items subject to the motor fuels are from the sale or service of alcoholic beverages; or (iii) the holder of a license or permit issued under Chapter 27, 31 or 72, Texas Alcoholic Beverage Code, as amended, who is operating on the premises of a private school. f) Measurement of the distance between the place of business engaged in Alcoholic Beverage Sales and the church or public hospital shall be along the property line of the street fronts, from front door to front door, and in a direct line across intersections. Measurement for the distance between the place of business engaged in Alcoholic Beverage Sales and a public or private school shall be: 1. In a direct line from the Property Line of the public or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If Alcoholic Beverage Sales are located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base floor on which Alcoholic Beverage Sales are located. g) In accordance with Section 109.33, Texas Alcoholic Beverage Code, as amended, in this Paragraph 16, “private school” means a private school, including a parochial school, that: 1. Offers a course of instruction for students in one or more grades from kindergarten through grade twelve; and Item 9 Ordinance No. 16-__ , Page 3 2. Has more than one hundred (100) students enrolled and attending courses at a single location. h) If at any time an original Alcoholic Beverage permit or license is granted by the Texas Alcoholic Beverage Commission to an establishment, place of business, or person and the establishment, place of business or person satisfies the requirements regarding the distance requirements in this Paragraph 16, then the same shall be deemed to satisfy the distance requirements for all subject renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.” SECTION 3 From and after the effective date of this Ordinance, existing Subsection 1.4(26), “Restaurant,” of Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with a new Subsection 1.4(26), “ Restaurant,” to read as follows: “26. Restaurant a) A Restaurant is permitted by Specific Use Permit in the NS Zoning District and is permitted by right in the O, DTO, DTR, R, DTC, C, and CC Zoning Districts subject. b) Restaurants with drive-through are only permitted in the R, C, and CC Zoning Districts. c) The distance requirement from any residential zoning district as established in Section 9.11 of Chapter 4 applies to restaurants with a drive-through. d) Restaurants that sell Alcoholic Beverages for on-premise consumption shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. e) A Restaurant that sells Alcoholic Beverages for on-premise consumption shall not be located within the following: 1. Three hundred feet (300’) from a church, public hospital, public school and/or private school. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if the holder of a license or permit holds a food and beverage certificate covering a premise that is located within three hundred feet (300’) of a private school; or 2. One thousand feet (1000’) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts such additional spacing requirements by resolution. Measurement for the distance between a Restaurant where Alcoholic Beverages for on-premise consumption are sold and a church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections. f) Measurement for the distance between a Restaurant where Alcoholic Beverages for on-premise consumption are sold and a public and/or private school shall be: Item 9 Ordinance No. 16-__ , Page 4 1. In a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If the Restaurant that sells Alcoholic Beverages for on-premise consumption is located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, in a direct line across intersections, and vertically up the building at the Property Line to the base of the floor on which the Restaurant is located. g) If a Restaurant receives seventy-five percent (75%) or more of its gross revenue on a quarterly basis from the sale or service of Alcoholic Beverages for on-premise consumption, the use will no longer qualify as a Restaurant and will be classified and regulated by the Town as an Alcoholic Beverage Establishment under the Zoning Ordinance. h) There shall be no variances considered with regard to the regulations set forth herein.” SECTION 4 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. Item 9 Ordinance No. 16-__ , Page 5 SECTION 6 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 7 This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 9 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon a Conceptual Development Plan for Prosper Crossing, Tract B, on 22.1± acres, located on the north side of US 380, 1,250± feet east of Coit Road. This property is zoned Planned Development-38 (PD-38). (D16-0072). Background: Per PD-38, “prior to application for a Preliminary Site Plan and/or Site Plan on Tracts B, C and D, a Conceptual Development Plan shall be submitted for each tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council.” Description of Agenda Item: The Conceptual Development Plan shows a 10,970-square-foot day care, fourteen (14) retail/office buildings totaling 121,200 square feet and three (3) restaurants totaling 11,400 square feet. Access is provided from US 380, future Richland Boulevard and the future Prestwick Hollow Drive. Adequate parking has been provided. The Conceptual Development Plan conforms to the PD-38 development standards. Legal Obligations and Review: The Conceptual Development Plan meets minimum development requirements. Attached Documents: 1.Location Map 2.Conceptual Development Plan 3.Conceptual Elevations Planning & Zoning Commission Recommendation: At their November 15, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Town staff recommends approval of the Conceptual Development Plan. Prosper is a place where everyone matters. PLANNING Item 10 Page 2 of 2 Proposed Motion: I move to approve the Conceptual Development Plan for Prosper Crossing, Tract B, on 22.1± acres, located on the north side of US 380, 1,250± feet east of Coit Road Item 10 D16-0072 CO I T R D UNIVERSITY DR RICHLAND BLVD HAMPTONBROOK DR BERTRAM RDEL I T E R D PR E S T W I C K H O L L O W D R CO I T R D 0 160 32080 Feet ± Item 10 Item 10 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 16 ' - 5 " 18 ' - 4 " 21 ' - 1 1 " 21 ' - 1 1 " 18 ' - 4 " 18 ' - 4 " 16 ' - 3 " 10 ' - 0 " 13 ' - 6 " 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft 50 sq ft REAR - RETAIL BUILDING ELEVATION FRONT - RETAIL BUILDING ELEVATION LEFT SIDE - RETAIL BUILDING ELEVATION (RIGHT SIDE OPP. HAND) CP.11/ 8" = 1'-0" BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE. BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A Item 10 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 19 ' - 1 " 24 ' - 8 " 19 ' - 1 " 24 ' - 8 " 20 ' - 1 1 " 10 ' - 6 " 10 ' - 6 " 9' - 9 " TYPICAL OFFICE BUILDING ELEVATION - LEFT SIDE (RIGHT SIDE OPP. HAND) CP.21/ 8" = 1'-0" BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE. BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A Item 10 ARCHITECTURE P L A N N I N G I N T E R I O R S • • •2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! 34 sq ft 34 sq ft 34 sq ft 34 sq ft 34 sq ft 96 sq ft 27 ' - 6 " 25 ' - 0 " 19 ' - 0 " 28 ' - 9 " 25 ' - 0 " COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM DSDS DSDS DSDS DS DS MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 N ACADEMY NORTH ELEVATION (W/O PORTE COCHERE) ACADEMY EAST ELEVATION ACADEMY SOUTH ELEVATION CP.33/ 16" = 1'-0" BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A NOTE • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department” • "All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance" • “When permitted, exposed utility boxes and conduits shall be painted to match the building” • "All signage areas and locations are subject to approval by the Building Inspections Department" • “Windows shall have a maximum exterior visible reflectivity of ten (10) percent.” ACADEMY NORTH ELEVATION - PORTE COCHERE BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE.ACADEMY WEST ELEVATION ACADEMY FOOTPRINT Item 10 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon a request by United Supermarkets, LLC for a variance to the distance requirements regarding the sale of alcoholic beverages for off-premise consumption at a big box grocery store and a public school. The proposed big box grocery store is located east of Coit Road, south of Richland Boulevard. (MD16-0017) Description of Request: In anticipation of the development of a Market Street Grocery Store, east of Coit Road and south of Richland Boulevard, United Supermarkets, LLC submitted an application for a variance to the distance requirement between an establishment that sells alcoholic beverages for off- premise consumption and a public school. The Texas Alcoholic Beverage Code (TABC) permits, but does not require, municipalities to establish 300-foot distance requirements between establishments that sell alcohol beverages and schools. The distance is measured from the property line of the establishment selling alcoholic beverages and the property line of the school. Prosper adopted the distance requirement within the Zoning Ordinance. In this instance, the property line of Market Street will abut the ultimate southern right-of-way of Richland Boulevard, and Rogers Middle School abuts the north side of Richland Boulevard. The ultimate right-of-way will be 90 feet. Please see the aerial locator map and the conceptual site plan of the proposed location of Market Street. On September 13, 2016, the Town Council adopted an ordinance permitting the consideration of a distance variance if the retail structure contains over fifty thousand (50,000) square feet and where the primary tenant occupies at least eighty percent (80%) of the structure. Market Street will be the sole tenant in an 80,000±-square-foot building. In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance: 1.is not in the best interest of the public; 2.constitutes waste or inefficient use of land or other resources; 3. creates an undue hardship on an applicant for an alcohol permit; 4.does not serve its intended purpose; 5.is not effective or necessary; or Prosper is a place where everyone matters. PLANNING Item 11 Page 2 of 2 6.for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. The Town Council may impose reasonable conditions on the granting of a distance variance. Legal Obligations and Review: Notice of the variance application was provided to Prosper ISD as required by ordinance. Attached Documents: 1.Aerial locator map 2.Conceptual site plan of Market Street Staff Recommendation: Staff recommends the Town Council approve the distance variance request, as submitted. Proposed Motion: I move to approve a request by United Supermarkets, LLC for a variance to the distance requirements regarding the sale of alcoholic beverages for off-premise consumption at a big box grocery store and a public school. Item 11 MD16-0017 CO I T R D UNIVERSITY DR RICHLAND BLVD 0 130 26065 Feet ± Item 11 COMPACTOR RAILING NOTES: 1.THE THOROUGHFARE ALINGMENT(S) SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 2. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY. 3. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH ZONING ORDINANCE. 4. OPEN STORAGE, WHERE PERMITTED. SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 5. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 6. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 7. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 8. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED, ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 9. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 10. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 11. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 12. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFIRM TO AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT ADOPTED BUILDING CODE. 13. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 14. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 15. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FACADE PLAN. 16. SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') FEET IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 17. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 18. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 19. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 20. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 21. ALL REQUIRED TREES THAT CONFLICT WITH THE EXISTING 50' GAS EASEMENT MUST BE LOCATED IN AN ALTERNATE LOCATION OUTSIDE OF THE 50' GAS EASEMENT ON THE SUBJECT PROPERTY AS DESIGNATED ON THIS EXHIBIT (*). ALL OTHER ISLANDS SHALL BE DESIGNED IN A MATTER TO MEET TOWN'S LANDSCAPING REQUIREMENTS. 22. DRIVE-THRU SERVICES ARE NOT ALLOWED ON CONSECUTIVE LOTS. 23. 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, R: \ D W G S \ 1 9 9 - 0 0 1 \ O U T B O X \ 2 0 1 6 . 1 1 . 2 9 C S P \ C o n c e p t u a l S i t e P l a n - V i l l a g e a t P r o s p e r . d w g , 1 1 / 2 9 / 2 0 1 6 4 : 1 4 : 4 8 P M , c h r i s Item 11 Page 1 of 10 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon a request for a Façade Exception for Texas Health Resources, located on the northeast corner of US 380 and future Mahard Parkway. (MD16-0015). History: On April 20th, Town staff approved a façade plan for Texas Health Resources (attachment 2) in accordance with Exhibit D of the approved Specific Use Permit-11 (S-11). The approved façade plan shows the approximate location of the rooftop mechanical equipment and includes the corresponding note indicating that the equipment will be screened in accordance with the Zoning Ordinance. On September 9th, during a routine zoning compliance inspection, staff observed large mechanical equipment on the roof and notified the site superintendent that the equipment is required to be screened in accordance with the Zoning Ordinance. Staff did not receive a response from the superintendent. On September 22nd, during another routine zoning compliance inspection, staff identified white, acrylic mechanical equipment screening on the roof and notified the site superintendent and architect that the screening is not permitted by the Zoning Ordinance, and informed them that a Façade Exception would be required. On October 3rd, a Façade Exception application was submitted to the Town. Description of Agenda Item: Chapter 4, Section 5.2, J., of the Zoning Ordinance requires, “All mechanical equipment shall be screened from view at a point six (6) feet above ground level at the property line. If a parapet does not accomplish this screening, a screening wall equal to the height of the equipment shall be provided...” Section 5.2, A. of the same Chapter states, “a screening wall…required under the provisions of this section…shall be constructed of clay-fired brick masonry units or other suitable permanent materials…” The intent of the Zoning Ordinance is for masonry parapets to screen rooftop mechanical equipment. While the Zoning Ordinance does permit other suitable permanent materials to be used as screening devices, staff does not believe the white acrylic screening is a suitable material. Prosper is a place where everyone matters. PLANNING Item 12 Page 2 of 10 Due to the prominence of the white, acrylic screening, and to allow for a process by which the applicant could seek an exception to this requirement, staff interpreted the mechanical equipment screening devices as a component of the building façade and subject to the architectural requirements of the Zoning Ordinance. Therefore the applicant was permitted to seek a Façade Exception. The applicant has provided five options to accommodate the rooftop mechanical equipment screening, as follows: Options 1 and 2, as depicted below, propose individual screening devices around each of the units. Example of an individual, rooftop screening unit (not on Texas Health Resources) View of existing building Item 12 Page 3 of 10 Option 1 – Keep the existing white, acrylic individual screening devices around each proposed unit, as currently constructed. Existing screening Item 12 Page 4 of 10 Existing screening Existing screening Item 12 Page 5 of 10 Option 2 – Replace the individual, white, acrylic individual screening devices with neutral- colored individual screening devices. Options 3 and 4, pictured below, propose continuous screening around multiple units. Item 12 Page 6 of 10 Area of continuous screening outlined in “red.” Option 3 – Replace the white, acrylic individual screening devices with neutral-colored continuous screening devices, consisting of “multi-form,” vertical patterns, around multiple units. Item 12 Page 7 of 10 Option 4 – Replace the white, acrylic individual screening devices with neutral-colored continuous screening devices, consisting of a “manufactured wall panel system” with horizontal patterns around multiple units . Option 5 – P&Z Recommendation - As noted below in the Planning & Zoning Commission Recommendation section, the Commission recommended the applicant paint the existing white acrylic individual screening devices a neutral color on the one-story portion of the building only, and provide continuous screening on the two-story portion of the building. Since the meeting, the applicant has prepared an elevation accordingly. Item 12 Page 8 of 10 Staff has concerns with the option of painting the existing white acrylic individual screening devices on the one-story portion of the building due to maintenance and aesthetic reasons. For reference, the following are pictures of similar buildings and associated rooftop mechanical screening: Item 12 Page 9 of 10 Attachments: 1.Location Map 2. Approved Façade Plan 3.Applicant Request Letter 4.Elevation Options 1-5 5.Structural Engineering Report Item 12 Page 10 of 10 Planning & Zoning Commission Recommendation: At their November 15, 2016, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0, subject to: 1.The screening devices on the one-story portion of the building be painted a color that is consistent with the façade of the building (not white) and approved by Town staff or Town Council; 2.The screening devices on the two-story portion of the building be screened with “Cityscale, flat panel, multiform” continuous panels with a color consistent with the screening devices on the one-story portion of the building; and 3.Staff reviews the Zoning Ordinance to clarify the requirements for rooftop mechanical equipment screening, if necessary. As noted above, subsequent to the Planning & Zoning Commission’s recommendation, the applicant has provided an ‘Option #5’ to address Planning & Zoning Commission recommendations #1 and #2. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon a request for a façade exception for Texas Health Resources. Proposed Motion: I move to ________ (approve Option #__ or deny) the request for a façade exception for Texas Health Resources. Item 12 MD16-0015 UNIVERSITY DR CR 2 6 MA H A R D P K W Y CR 2 6 0 160 32080 Feet ± Item 12 Revised 04/20/2016 APPROVED FACADE PLAN Item 12 November 28, 2016 Town of Prosper 121 W. Broadway Prosper, TX 75078 Re: Texas Health Resources Prosper - Alternative Façade Plan Dear Prosper, This letter serves as a request for an exception for screening the mechanical equipment on the roof of the Texas Health Resources Integrated Health Campus project located at 1970 W. University Drive. What is being proposed are options based on the feedback provided during the Planning and Zoning Commission on October 18th, 2016 and November 15th, 2016. Due to the constraints of the current construction progress of the project, the following are the options that can be achieved without affecting the current structural system: 1.Preferred Option 1: Original option from October 18th, 2016 – use currently installed screen and add additional screen so that units are fully screened on all sides. a.This option is the least invasive with shorter lead time for material. 2.P&Z Option: This option was developed during the Planning and Zoning Commission on November 15th, 2016 in conjunction with the Commissioners. a.The mechanical screens on the one-story section of the building will remain. i.The screens will be extended to wrap all sides of the mechanical units. ii.The screens will be painted to match the new system that will be on the two-story section of the building. b.The mechanical screens on the two-story section will be changed. i.The screens will change to a continuous Multi-unit Freeform system as offered by Cityscape. ii.The panels will change from the Vertical/Wide rib style to the Flat/Pan style panel. iii.The color choices being considered are Almond, Khaki, and Sagebrush. The Options provide the project with the following: •The Options above provide an expression that differentiates itself from the main portion of the building, but ties itself in with design option choices and detailing. This lends itself to integrating into the project’s architecture while providing an articulation to the roof line. •The uniqueness of the Options allows them to provide a complimentary appearance to other finishes of the building on this project. The chosen option would provide a system that blends the screen into the background. •The Options help maintain the high quality of the project by providing the visual screening of the rooftop equipment. The Options are durable and tested, and have been a consistent method of screening rooftop equipment in the building/construction industry for many years. •The proposed Options work visually with the project designed for Texas Health Resources. Being one of the first buildings to be constructed in Prosper along W. University Drive, these Options provide a familiar and personable visual aesthetic for buildings of this type and size. Item 12 •The Options are designed to resist +90 mph wind loads. Along with that, the Cityscape options have a zero mold and mildew growth based on ASTM testing. This makes it ideal for a building that contains health care services such as this. This material also has a high tolerance to UV exposure and performs as needed in both high and low climates. •The performance and appearance of these Options is consistent with any aluminum or metal used in this application, which is in line with the Development Requirements of the Town. The Cityscape options perform like a secondary material. The Options provide added articulation to the roof line and building elevations as a whole. Thank you for your consideration of this appeal for an exception in regards to equipment screening. Sincerely, Mark Kitchens Senior Project Architect Item 12 OPTION 1 Item 12 OPTION 2 Item 12 EXAMPLE OF CITYSCAPE PAN/FLAT PANEL OPTION Item 12 ALTERNATE PANEL RENDERING - VIEW FROM SOUTHWEST CORNER AT PROPERTY LINE Item 12 ALTERNATE PANEL RENDERING - VIEW FROM PROPERTY LINE AT W. UNIVERSITY ENTRY Item 12 OPTION 3 Item 12 OPTION 4 Item 12 ROOF HATCHROOFTOP UNIT ROOFTOP UNITROOFTOP UNIT ROOFTOP UNIT ROOFTOP UNIT RO O F T O P U N I T ROOF HATCH ELEVATOR OVER-RUN TEXAS HEALTH - INTEGRATED HEALTH CAMPUS PROSPER, TEXAS FACADE PLAN U.S. HIGHWAY 380 BLOCK A, LOT 1 COLLIN COUNTY SCHOOL LAND #12 TOWN OF PROSPER COLLIN COUNTY, TEXAS TEXAS HEALTH RESOURCES 612 E. Lamar Blvd, Ste. 200, Arlington, TX 76011 682.236.6506 (TEL) 682.236.7124 (FAX) 3/64" = 1'-0"1 ROOF PLAN ROOF PLAN MECHANICAL SCREEN MECHANICAL SCREEN Item 12 MANUFACTURED METAL WALL PANEL EXAMPLE - METHODIST RICHARDSON MEDICAL CENTER Item 12 Item 12 Item 12 Item 12 Item 12 Stantec Consulting Services Inc. 12222 Merit Drive Suite 400, Dallas TX 75251 November 8, 2016 Mr. Mark Kitchens Perkins + Will 10100 N. Central Expressway Suite 300 Dallas, TX 75231 Re: Roof Screen Options Mark, We have taken a look into the screening options for the THR Prosper facility and have formulated the following for your consideration: At the present time the building structural systems are in place and some have been covered by ceilings and roofing. We have four options for the construction of a new screening at the low roof and the MOB roof. 1. Extend the tilt-up wall panels to the height necessary to cover the RTU’s. 2. Utilize stick framed steel members to support a masonry veneer wall that extends up sufficiently to cover the RTU’s. 3. Utilize stick framed steel members to support an EIFS system that extends up sufficiently to cover the RTU’s. 4. Utilize stick framed steel members to support a metal deck/wall panel system that extends up sufficiently to cover the RTU’s. We considered the extension of the existing tilt-up wall panels as a solution to the screening needs of the building but were not able to consistently use them around the MOB or the low roofs. We have long runs of wall panels that do not extend to the ground but are supported by steel framing instead, making their extensions impractical due to the added weight and excess torsion being applied to the framing that is currently supporting these panels. Our review of a masonry screen that is supported by a stick framed system and carried by the existing steel beams and bar joists at both roof levels also proved to be impractical as the weight of the masonry was excessive and created the need for supplemental framing parallel to each joist supporting the stick framed screen supports. Similar conditions occurred in our analysis of the EIFS system. Though not as rampant as the masonry option, we are still required to install supplemental beams between the joists that will support the screen wall. We considered the EIFS system as impractical as we did the masonry system. The final system we evaluated was the lightest and afforded the ability for the existing joists and beams to support the added loading. Some supplemental miscellaneous steel is needed Item 12 November 8, 2016 Page 2 of 3 Reference: Roof Screen Options between some of the joists to stabilize the vertical posts of the stick frame system but the addition of steel beams or other supplemental structural steel framing was not necessary. We recommend the use of the metal panel roof screening as the solution to the screening needs of the facility. We hope you find this information useful. Should we be able to be of further assistance to you in this matter, please contact me. Respectfully, Richard A. Zinser Jr. PE Senior Associate Stantec Consulting Services, Inc. 11/8/2016 Item 12 Page 1 of 1 To: Mayor and Town Council From: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Discussion on Cyber Defense Labs. Description of Agenda Item: The purpose of this item is to discuss development of a community-focused cyber defense center (“Center”) that would serve the North Texas area by providing cyber support and capabilities. Attached Document: 1.Collin County Cyber Defense Center Summation Town Staff Recommendation: No recommendation is needed at this time as this item is for discussion purposes only. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE Item 13 Collin County Cyber Defense Center Developing a community focused cyber defense center (“Center”) of excellence that will serve the North Texas area. The Center will provide cyber support and capabilities, including a digital forensics investigation and research lab, training and conference facility, and a convertible security operations / emergency operation center. Consumers of these services will include law enforcement, businesses, municipalities, citizens, and students. Consumables include: • digital forensic support for law enforcement, litigation support, research, and business needs • cyber security services, including network, application, and data security analysis and remediation for municipalities, and businesses • cyber security monitoring and response for municipalities and businesses • Training for law enforcement, municipalities, businesses, citizens, and interns • Conference Center use on topics of cyber security, security awareness, community interests, etc. Initial funding is expected to come from government grants and/or private grants. Ongoing funding is expected to come from Center operations. Conceptually, the Center will be operated and managed by Cyber Defense Center, a 501(c)(3) non-profit established in 2011 with the mission of cyber security education, research, and community focused support. CDC has performed digital forensics and cyber security services and training for law enforcement, County Courts, businesses, citizens, and students. CDC personnel have an average of 17 years of experience in cyber security or digital forensics and several personnel are also college professors, ex law enforcement, and/or ex-military / agency resources. Item 13 Page 1 of 2 To: Mayor and Town Council From: Steve Glass, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon approving Change Order Number 3 for Bid No. 2016-45-B, Prosper Road Improvement Project 2016, to Pavecon Public Works, LP, related to construction services for Fishtrap Road & First Street reconstruction; and authorizing the Town Manager to execute Change Order Number 3. Description of Agenda Item: On April 26, 2016, Town Council approved Bid No. 2016-45-B Prosper Road Improvement Project 2016 – Fishtrap (Dallas North Tollway to Teel Road) and First Street (Coit Road to Custer Road). Staff approved Change Order Number 1 to replace existing asphalt pavement east of Dallas North Tollway (DNT) at Fishtrap Road due to pavement failures for the sum of $6,606.90, and was planned to be funded from the FY 2015-2016 Street Division Budget. However, these expenditures were not paid to the contractor before the end of the FY 2016 fiscal year so will be included in the proposed FY 2015-2016 Budget Amendment since there is a remaining balance of over $100,000, in the FY 2015-2016 Street Division Budget. Change Order Number 2 was to provide asphalt and related construction items to complete the free southbound right turn onto DNT from eastbound Fishtrap for $15,774.44, and was approved to be funded from the FY 2016-2017 Street Division Budget. Since Change Orders 1 and 2 were under $25,000, they were previously approved by the Town Manager. Change Order Number 3 is a reconciliation change order to pay for the difference between bid quantities and actual quantities installed. Additional quantities were required to extend First Street west of Town Lake Boulevard 174 feet to connect to Coit Road, which had recently been completed, as well as an overrun in concrete quantities at DNT and Fishtrap Road. It was anticipated that savings from the section of Fishtrap Road would provide adequate underruns to pay for Change Order Number 3, but final quantities did not provide the necessary savings. The total amount for Change Order Number 3 is $40,811.98. Budget Impact: The $40,811.98 for Change Order Number 3 will be funded by the proposed FY 2015-2016 Budget Amendment that will carry forward $47,422 from the FY 2015-2016 Street Division Budget to cover the costs of previously approved Change Order Number 1 and proposed Change Order Number 3. Prosper is a place where everyone matters. PUBLIC WORKS Item 14 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard change order form as to form and legality. Attached Documents: 1. Change Order Number 3 Town Staff Recommendation: Town staff recommends that the Town Council approve Change Order Number 3 for Bid No. 2016- 45-B Prosper Road Improvement Project 2016, to Pavecon Public Works, LP, related to construction services for Fishtrap Road & First Street reconstruction; and authorize the Town Manager to execute Change Order Number 3. Proposed Motion: I move to approve Change Order Number 3 for Bid No. 2016-45-B Prosper Road Improvement Project 2016, to Pavecon Public Works, LP, related to construction services for Fishtrap Road & First Street reconstruction; and authorize the Town Manager to execute Change Order Number 3. Item 14 Item 14 Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon amending Ordinance No. 15-58 (FY 2015-2016 Budget). Description of Agenda Item: The proposed ordinance is amending final department balances for the FY 2015-2016 Budget. Special Revenue Funds: The Special Revenue Funds include specific revenue sources that are legally restricted for specific purposes. For example, grants and escrow funds. A budget amendment is proposed to increase the personnel budget by $9,500 within the Court Security fund balance for the bailiff’s salary and benefits. The Court Security fund is funded by dedicated court fines and used to offset having a bailiff for court. The FY 2016-2017 budget included the personnel costs for the bailiff whereas the FY 2015-2016 did not. The Escrow Fund includes payment from developers held in escrow for development. A budget amendment is proposed to increase transfers out to the CIP fund for $4,065,033 for the following project West Prosper Roads from the following sources: TVG ($3,565,033) and EDC ($500,000). Water and Sewer Fund: The Water and Sewer fund is an enterprise fund ran like a business by charging fees for providing services to the citizens for water and sewer needs. Due to the volume of water consumption, the actual water revenue was $553,225 in excess of budgeted revenue and the related expense to purchase water was greater than the amount budgeted. A budget amendment is proposed to increase both the water revenue and the water purchases by $553,225 in the Water-Sewer Fund. Due to the volume as stated above for water, the same is true for sewer. The actual sewer revenue was over $100,000 in excess of budgeted revenue. The sewer expenditure side did exceed budget by $10,000 in contracted services. A budget amendment is proposed to increase both the sewer revenue and sewer contract services by $10,000 in the Water-Sewer Fund. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 15 Page 2 of 2 Transfer to General Government Capital Fund: At the end of Fiscal Year 2015-2016, the General Fund Streets division had a remaining balance of over $100,000. Fishtrap Rd – Artesia to Custer capital project has some change orders that need funding for completion. The transfer from the General Fund to the General Government Capital Fund will provide the necessary funding needed for such change orders in the amount of $47,422. Budget Impact: The Special Revenue funds will increase expenditures by $4,074,533 funded from collected developer payments and court security receipts both residing in fund balance. Water-Sewer Fund revenues will increase by $563,225 and expenditures will increase by $563,225. The General Fund transfers out expenditure will increase $47,422 and transfers in to the General Government Capital Fund will increase along with the project expenditure by $47,422. The net budget impact for all funds is an increase of $56,922 reflected by revenues or fund balance of $4,628,258 and expenditures increase of $4,685,180. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Exhibit A Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 15-58 (FY 2015-2016 Budget) to fund increased expenditures, transfers in, and out in the Special Revenue Funds, Water-Sewer Fund, General Fund, and CIP Fund. Recommended Motion: I move to approve amending Ordinance No. 15-58 (FY2015-2016 Budget) to fund increased expenditures, transfers in, and out in the Special Revenue Funds, Water-Sewer Fund, General Fund, and CIP Fund. Item 15 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 15-58 (FY 2015-2016 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED REVENUES OR FUND BALANCE OF $4,065,033 AND INCREASED EXPENDITURES OF $4,074,533 IN THE SPECIAL REVENUE FUND BUDGETS; INCREASED REVENUES OF $563,225 AND INCREASED EXPENDITURES OF $563,225 IN THE WATER-SEWER FUND BUDGET; INCREASED EXPENDITURES OF $47,422 IN THE GENERAL FUND; INCREASED REVENUES OF $47,422 AND INCREASED EXPENDITURES OF $47,422 IN THE GENERAL GOVERNMENT CAPITAL PROJECTS FUND; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 15-58 (FY 2015-2016 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated among different funds and departments and an overall net increase in the budget for funding from fund balance in the Court Security fund. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 15-58 (FY 2015-2016 Budget). Ordinance No. 15-58 (FY 2015-2016 Budget) is hereby amended to allow for increases to revenues and appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, Item 15 Ordinance No. 16- , Page 2 subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 15 Special Revenue Funds Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: From Fund Balance $ - $ - $ 4,065,033 $ 4,065,033 Total $ - $ - $ 4,065,033 $ 4,065,033 Expenditures: Salaries and Benefits $ - $ - $ 9,500 $ 9,500 Transfers out to CIP Fund $ - $ - $ 4,065,033 $ 4,065,033 Total $ - $ - $ 4,074,533 $ 4,074,533 Water-Sewer Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Water Revenue $ 6,381,735 $ 6,381,735 $ 6,934,960 $ 553,225 Sewer Revenue $ 2,942,000 $ 2,942,000 $ 2,952,000 $ 10,000 Total $ 9,323,735 $ 9,323,735 $ 9,886,960 $ 563,225 Expenditures: Water Purchases $ 2,437,025 $ 2,588,187 $ 3,141,412 $ 553,225 Contracted Services $ 67,366 $ 47,641 $ 57,641 $ 10,000 Total $ 2,504,391 $ 2,635,828 $ 3,199,053 $ 563,225 General Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Transfers Out $ - $ 1,308,758 $ 1,356,180 $ 47,422 Total $ - $ 1,308,758 $ 1,356,180 $ 47,422 . Total Revenue 4,628,258$ Total Expenditures 4,685,180 Net Effect All Funds (56,922)$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2015-2016 December 13, 2016 Item 15 Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). Description of Agenda Item: The proposed ordinance is amending the following balances the for FY 2016-2017 Budget. Legislative Services Council approved at the October 25, 2016, meeting to hire Hillco Partners to provide services to the Prosper Economic Development Corporation and the Town of Prosper in connection with monitoring the upcoming legislative session and bills that may impact either the Town or the Prosper Economic Development Corporation, including legislation that addresses economic development incentives and agreements as well as the authority of local governments and economic development corporations to consider and/or grant economic development incentives. The associated costs are to be split between the Town of Prosper and PEDC. The budget amendment is proposed to increase professional services for the Town’s share of $62,500. PO Roll Forward The Town of Prosper began using purchase orders to encumber funds in FY 2013-2014. We continue to utilize this process and at the end of September 30, 2016, the balances of open purchase orders require an amendment to the new budget by increasing the relevant line items in the new year by shifting budget authority from last year to the new year. Capital projects encumbrances are excluded from the budget amendment because Capital Project Fund monies are multi-year appropriations. The total amount of General Fund encumbrances to be brought forward is $40,413; the total encumbrances for the Vehicle Equipment and Replacement Fund (VERF) to be brought forward is $73,698; Special Revenue-Court Security Fund encumbrances to be brought forward is $6,872. Budget Impact: The General Fund expenditures will increase $102,913. The VERF expenditures will increase $73,698 and the Court Security Fund expenditures will increase $6,872. All proposed budget amendments will be reflected by reducing such fund balances respectively. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 16 Page 2 of 2 Attached Documents: 1. Ordinance 2. Exhibit A – Budget Amendment 3. Exhibit B – Detailed list of Purchase Order Roll Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 16-55 (FY 2016-2017 Budget) to fund increase expenditures in the General Fund, VERF, and Special Revenue Fund. Recommended Motion: I move to approve amending Ordinance No. 16-55 (FY 2016-2017 Budget) to fund increased expenditures in the General Fund, VERF, and Special Revenue Fund. Item 16 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 16-55 (FY 2016-2017 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED EXPENDITURE OF $102,913 IN THE GENERAL FUND BUDGET; INCREASED EXPENDITURES OF $73,698 IN THE VERF FUND BUDGET; INCREASED EXPENDITURES OF $6,872 IN THE SPECIAL REVENUE FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 16-55 (FY 2016-2017 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated within the General Fund and an overall net increase in the budget for funding from fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS. THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Ordinance No. 16-55 (FY 2016-2017 Budget) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. Item 16 Ordinance No. 16- , Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF DECEMBER, 2016. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 16 General Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Administration Dept Non-Departmental Professional Services $ - $ - $ 62,500 $ 62,500 Town Secretary Contract Services $ 14,905 $ 14,905 $ 30,318 $ 15,413 Sub-Total $ 14,905 $ 14,905 $ 92,818 $ 77,913 Development Services Dept Planning Professional Services $ 80,710 $ 80,710 $ 105,710 $ 25,000 Sub-Total $ 80,710 $ 80,710 $ 105,710 $ 25,000 Total $ 95,615 $ 95,615 $ 198,528 $ 102,913 VERF Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Fire Capital-Vehicles $ - $ - $ 73,698 $ 73,698 Total $ - $ - $ 73,698 $ 73,698 Special Revenue Fund-Court Security Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Court Security Expense $ 1,000 $ 1,000 $ 7,872 $ 6,872 Total $ 1,000 $ 1,000 $ 7,872 $ 6,872 Total Expenditures 183,483 Net Effect All Funds 183,483$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2016-2017 December 13, 2016 Item 16 Department PO Number Account No.Balance 11/22/16 Description Fire 14048 750-5419-10-00-1401-FC 20,644.33$ Professional Architectural Services for Fire Station No. 2 Engineering 14095 750-5419-10-00-1405-ST 22,662.50$ Design Services for Coleman Street between Prosper Trail and Prosper High School; and new extension of Coleman Street from Prosper High School to Preston Road Engineering 14107 750-5419-10-00-1408-TR 6,590.40$ Professional Engineering Services for Preston Rd Illumination Design Between US 380 & Frontier Parkway Engineering 14111 750-6610-10-00-1205-ST 81,816.76$ Bid No. 2014-32-B Prosper Rd Improvement Project 2014 - Coit Rd, Coleman Rd and First St Engineering 14146 750-5419-10-00-1416-ST 200.00$ Professional Services for Seventh (Coleman-PISD) 760-5419-10-00-1501-WA 46,684.02$ 630-6610-50-00-1501-WA 11,037.83$ 750-5419-10-00-1511-ST 84,609.50$ 750-5419-10-00-1512-ST 174,411.49$ Engineering 15124 750-6610-10-00-1402-FC 66,118.67$ Professional Services for Town Hall/Multi-Purpose Facility Engineering 15126 760-5419-10-00-0407-WA 34,930.16$ Professional Services for Prosper Trail Elevated Storage Tank Fire 15151 750-6610-10-00-1401-FC 83,458.51$ RFP No. 2014-25-B CMAR Services for Construction of Fire Station No. 2 750-5419-10-00-1514-ST 43,092.10$ 750-6610-10-00-1514-ST 400.00$ Fire 15177 750-6610-10-00-1401-FC 8,782.85$ Professional Maerials Inspection and Testing Services for Construction of Fire Station No. 2 Engineering 16029 760-6610-10-00-1508-WA 6,712.25$ Professional Engineering Services for BNSF Pressure Reducing Valve (PRV) Project Engineering 16049 750-6610-10-00-1507-ST 6,691,785.71$ Road Improvements and Construction between Town, TVG Texas I, LLC, M/I Homes of DFW, LLC, and Prosper EDC 630-5410-50-00-1606-CO 13,456.69$ 640-5410-50-00-1606-CO 22,541.03$ 660-5410-50-00-1606-CO 3,460.61$ 680-5410-50-00-1606-CO 3,460.61$ Engineering 16061 750-6610-10-00-1405-ST 23,499.99$ Bid No. 2015-40-B Coleman Street Improvements - Victory Lane to SH 289 TSO 16068 100-5480-10-02 15,412.50$ Laserfiche Expansion Project 620-6610-60-00-1603-PK 103,760.07$ 750-6610-10-00-1603-PK 46,000.00$ EXHIBIT "B" BUDGET AMENDMENT FISCAL YEAR 2016-2017 December 13, 2016 Professional Engineering Services for Water, Wastewater and Roadway Impact Fee Update Project 15074 Professional Services for Lower Pressure Plane 42-Inch Transmission Line Engineering Engineering Engineering Engineering 16059 16070 Professional Engineering Services for Frontier Park North ProjectParks Admin 15116 Professional Services for Prosper Trail (1,000 E of Preston Rd to Coit Rd) 15170 Professional Services for Town Hall Infrastructure Item 16 Engineering 16080 640-6610-50-00-1607-WW 25,124.24$ Professional Engineering Services for the Public Works Interceptor Project Engineering 16101 630-6610-50-00-0407-WA 810,105.00$ Bid No. 2016-05-B Prosper Trail Elevated Storage Tank 760-6610-10-00-1615-DR 580.00$ 760-6610-10-00-1613-DR 31,480.00$ Engineering 16139 760-6610-10-00-1614-DR 3,350.00$ Professional Engineering Services for Coleman St. Channel Improvements Project Public Works 16155 750-6610-10-00-1610-ST 544,854.59$ Bid No. 2016-45-B Prosper Road Improvement Project 2016 - Fishtrap Rd (DNT to Teel Rd) and First St (Coit Rd to Custer Rd) 750-6160-10-00-1308-EQ 49,435.91$ 410-6160-30-01 49,435.91$ 750-6160-10-00-1308-EQ 24,261.44$ 410-6160-30-01 24,261.44$ Public Works 16191 630-6610-50-00-0407-WA 8,564.33$ Prosper Trail 2.0 MG Elevated Storage Tank SCADA: Design & build SCADA RTU Panel; Program HMI computer; program in valve control, tank level and pressure alarms, and historical trending. Engineering 16194 680-6110-50-00-1512-ST 98,200.00$ Bid No. 2016-59-B First Street and DNT Traffic Signal Fire Department 16208 750-6610-10-00-1401-FC 29,981.16$ Blanket PO for Fire Station No. 2 bunker gear Fire Department 16209 750-6610-10-00-1401-FC 38,969.75$ Exercise eqiupment for Fire Station No. 2 Parks Admin 16217 620-6610-60-00-1603-PK 10,500.00$ Professional Services Agreement for geotechnical investigation for Frontier Park North Field Improvements, Phase 2 Public Works 16222 750-6610-10-00-1612-ST 595,060.00$ Bid No. 2016-57-B Prosper Road Improvement Project 2016 - Church Street (PISD to First Street) Engineering 16223 630-6610-50-00-1501-WA 883,530.00$ Bid No. 2016-67-B Lovers Lane Segment - 42" Lower Pressure Water Line Fire Department 16228 750-6160-10-00-1308-EQ 3,304.25$ MDC for new fire engine 2016 16236 750-6610-10-00-1401-FC 729.00$ Appliances and furniture for Fire Station No. 2 Fire Department 16237 750-6610-10-00-1401-FC 79.99$ Appliances and furniture for Fire Station No. 2 Municipal Court 16246 580-5204-10-00 6,872.25$ Bullet resistant window and related materials Fire Department 16252 750-6610-10-00-1401-FC 4,576.00$ Personal protection equipment for Fire Station No. 2 Planning 16254 100-5410-40-03 25,000.00$ Professional Services Agreement for Downtown Planning Project Engineering 16256 750-6610-10-00-1412-ST 96,300.00$ Professional Engineering Services for Downtown Enhancement Project 10,980,083.84$ Operational Accounts 100-5480-10-02 15,412.50$ 100-5410-40-03 25,000.00$ 410-6160-30-01 49,435.91$ 410-6160-30-01 24,261.44$ 580-5204-10-00 6,872.25$ Total Operational Accounts 120,982.10$ Fire Department 16183 Extrication equipment for new fire engines TOTAL FY 2015-2016 PO ENCUMBRANCES Fire Department 16173 SCBA equipment for new fire engines Engineering Professional Services Agreement for the Old Town Drainage - Church & Parvin Drainage Improvements Project 16105 Item 16 Multi-Year Accounts 620-6610-60-00-1603-PK 103,760.07$ 620-6610-60-00-1603-PK 10,500.00$ 114,260.07$ 630-5410-50-00-1606-CO 13,456.69$ 13,456.69$ 630-6610-50-00-0407-WA 810,105.00$ 630-6610-50-00-0407-WA 8,564.33$ 818,669.33$ 630-6610-50-00-1501-WA 11,037.83$ 630-6610-50-00-1501-WA 883,530.00$ 894,567.83$ 640-5410-50-00-1606-CO 22,541.03$ 22,541.03$ 640-6610-50-00-1607-WW 25,124.24$ 25,124.24$ 660-5410-50-00-1606-CO 3,460.61$ 3,460.61$ 680-5410-50-00-1606-CO 3,460.61$ 3,460.61$ 680-6110-50-00-1512-ST 98,200.00$ 98,200.00$ 750-5419-10-00-1401-FC 20,644.33$ $ 20,644.33 750-5419-10-00-1405-ST 22,662.50$ 22,662.50$ 750-5419-10-00-1408-TR 6,590.40$ 6,590.40$ 750-5419-10-00-1416-ST 200.00$ 200.00$ 750-5419-10-00-1511-ST 84,609.50$ 84,609.50$ 750-5419-10-00-1512-ST 174,411.49$ 174,411.49$ 750-5419-10-00-1514-ST 43,092.10$ 43,092.10$ 750-6160-10-00-1308-EQ 49,435.91$ 750-6160-10-00-1308-EQ 24,261.44$ 750-6160-10-00-1308-EQ 3,304.25$ 77,001.60$ 750-6610-10-00-1205-ST 81,816.76$ 81,816.76$ 750-6610-10-00-1401-FC 83,458.51$ 750-6610-10-00-1401-FC 8,782.85$ 750-6610-10-00-1401-FC 29,981.16$ 750-6610-10-00-1401-FC 38,969.75$ 750-6610-10-00-1401-FC 729.00$ 750-6610-10-00-1401-FC 79.99$ 750-6610-10-00-1401-FC 4,576.00$ 166,577.26$ 750-6610-10-00-1402-FC 66,118.67$ 66,118.67$ 750-6610-10-00-1405-ST 23,499.99$ 23,499.99$ 750-6610-10-00-1412-ST 96,300.00$ 96,300.00$ 750-6610-10-00-1507-ST 6,691,785.71$ 6,691,785.71$ 750-6610-10-00-1514-ST 400.00$ 400.00$ 750-6610-10-00-1603-PK 46,000.00$ 46,000.00$ 750-6610-10-00-1610-ST 544,854.59$ 544,854.59$ 750-6610-10-00-1612-ST 595,060.00$ 595,060.00$ 760-5419-10-00-0407-WA 34,930.16$ 34,930.16$ 760-5419-10-00-1501-WA 46,684.02$ 46,684.02$ 760-6610-10-00-1508-WA 6,712.25$ 6,712.25$ 760-6610-10-00-1613-DR 31,480.00$ 31,480.00$ 760-6610-10-00-1614-DR 3,350.00$ 3,350.00$ 760-6610-10-00-1615-DR 580.00$ 580.00$ Total Multi-Year Accounts 10,859,101.74$ 10,859,101.74$ Grand Total 10,980,083.84$ Item 16 Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon an ordinance granting a non-exclusive electric franchise to Denton County Electric Cooperative, Inc., d/b/a CoServ Electric. Description of Agenda Item: The action proposed in this staff report is in compliance with the Town’s Strategic Planning Goal 8: Ensure Fiscal Stewardship. At the January Strategic Planning Session, the Town Council received information that a review of fees paid by utilities, within the Town, indicated some inconsistencies. The Council expressed concern about the lack of parity in the franchise fees of CoServ Electric and Oncor. Therefore, staff was directed to approach CoServ directly with a rate change from two percent (2%) to four percent (4%). CoServ Electric provided staff with a model franchise agreement that was the result of negotiations with the cities of The Colony, Highland Village, Lewisville, Little Elm, and McKinney. Town staff reviewed the model franchise agreements for opportunities to improve and amend it to address issues unique to our community. CoServ Electric representatives have agreed to modifications to the model franchise. Changes to the model franchise that are in the Town’s favor include more comprehensive language describing when Town permits are required for work being performed on private property and a franchise fee of four percent (4%) paid on gross revenues, including franchise fees in the definition of gross revenues. The ten-year model franchise agreed to by the aforementioned coalition of cities includes compensation roughly equivalent to five percent (5%) of gross revenues; however, it is based upon a factor of $0.005764 multiplied by each kilowatt hour (kWh) of electricity. It is the Town’s position that a kWh computation is disproportionate when applied to high use customers such as large retailers, manufacturers, etc. Budget Impact: The Town has budgeted $175,000 for the current fiscal year for CoServ Electric franchise fees. If their franchise fee rate increases from two percent (2%) to four percent (4%), the annualized revenue will increase to $350,000. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 17 Page 2 of 2 Attached Documents: 1.Franchise Fees: Current Revenue Sources 2.Franchise Fees: CoServ Service Area 3. Ordinance Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance granting a non-exclusive electric franchise to Denton County Electric Cooperative, Inc., d/b/a CoServ Electric. Proposed Motion: I move to approve an ordinance granting a non-exclusive electric franchise to Denton County Electric Cooperative, Inc., d/b/a CoServ Electric. Item 17 Ordinance No. 16-___, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-___ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., D/B/A COSERV ELECTRIC, AND ITS SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHT TO USE AND OCCUPY RIGHTS-OF-WAY WITHIN THE TOWN OF PROSPER, TEXAS, FOR THE CONSTRUCTION AND OPERATION OF AN ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; PRESCRIBING CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1. DEFINITIONS For the purpose of this Ordinance the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. A.“Town” shall mean the home rule municipal corporation designated as the Town of Prosper, Texas, and includes the territory that currently is or may in the future be included within the boundaries of the Town. Any territory that may be disannexed in the future shall not be included within the boundaries of the Town upon the effective date of the disannexation. B.“CIAC” shall mean all payments received by Cooperative for contributions in aid of construction performed within the boundaries of the Town, including but not limited to System Benefit Charges and Facilities Charges, on contracts entered into after the Effective Date. C.“Cooperative” shall mean Denton County Electric Cooperative, Inc., d/b/a CoServ Electric, a Texas electric cooperative corporation, and its successors and assigns. D.“Effective Date” shall be the date specified in Section 22 of this Ordinance. E.“Electric Distribution System” or “System” shall mean the Cooperative’s system of cables, wires, lines, poles, towers, anchors, guy wires, insulators, transformers, substations, conduits, ducts, and any associated equipment, or plant, or other facilities designed and constructed for the purpose of producing, transmitting or distributing electricity to or from customers or locations within the Town, as the same now exists and may from time to time be placed, removed, constructed, reconstructed, extended and maintained. F.“Governmental or Regulatory Authority” means any court, tribunal, arbitrator, authority, agency, commission, official or other instrumentality of the United States, or any state, county, municipality or other political subdivision. G.“Gross Revenues” shall mean the operating revenue for electric services provided by the Cooperative to its customers within the corporate boundaries of the Town pursuant to the accounting principles established by the Rural Utilities Service of Item 17 Ordinance No. 16-___, Page 2 the U. S. Dept. of Agriculture in 7 CFR 1767, including specifically 1767.26, Accounts 440-456, as amended, except as modified herein, including: (1) all operating revenues received by the Cooperative from the sale of electricity to all classes of customers within the Town; (2) all operating revenues derived from the Cooperative’s service fees as defined in CFR 1767.26, Accounts 440-456, including, but not limited to, the following: (a) charges to connect, disconnect, or reconnect service within the Town; (b) charges to handle returned checks from consumers within the Town; and (c) such other service charges and charges as may, from time to time, be authorized in the rates and charges of the Cooperative; and (3) franchise fees collected from the Cooperative’s customers located within the corporate boundaries of the Town. The term “Gross Revenues” shall not include: (1) the revenue of any person including, without limitation, an affiliate of the Cooperative, to the extent that such revenue is also included in Gross Revenues of the Cooperative; (2) other than Franchise Fees, any taxes or fees required to be remitted to a third party including the Town; (3) any interest income earned by Cooperative; (4) all monies received from the lease or sale of real or personal property; (5) any amounts billed or collected from Cooperative’s members for refundable membership fees and deposits; (6) amounts derived from CIAC or any franchise fee assessed on CIAC; (7) sales of energy or electric service for resale or to wholesale customers; (8) reimbursements for damage to or relocation of any part of the System; (9) amounts billed or collected by the Cooperative from its customers for charitable contributions such as Operation Roundup®; (10) revenues billed but not ultimately collected or received by the Cooperative; (11) Pole Attachment Revenue or any franchise fee assessed on Pole Attachment Revenue; and (12) State or federal grants or reimbursements. H. “Laws” shall mean any and all federal, state and local statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the Town or other governmental agency having joint or several jurisdiction over the parties to the Franchise granted herein, in effect either as of the Effective Date or at any time during the term of the Franchise granted herein. I. “Pole Attachment Revenue” shall mean the amount calculated by dividing the total amount of pole attachment revenue received by the Cooperative in a calendar year by the total number of Cooperative’s meters in service as of December 31 of such calendar year, and multiplying that result by the number of Cooperative’s meters in service within the corporate boundaries of the Town as of December 31 of such calendar year. J. “Public Right-of-Way” shall mean all present and future public streets, public thoroughfares, highways and alleys owned by Town, and all present and future public utility easements located on property owned by the Town that allow the use of Cooperative’s facilities. This term shall not include county, state, or federal Item 17 Ordinance No. 16-___, Page 3 rights of way or any property owned by any person or agency other than the Town, except as provided by applicable Laws or pursuant to an agreement between the Town and any such person or agency. K.“Public Utility Commission of Texas” or “PUC” shall mean that agency as presently constituted by the laws of the State of Texas or any successor agency. L.“Tariff” shall mean the Tariff for Electric Service for Cooperative, effective as of June 21, 2012, and as subsequently revised or amended. SECTION 2. GRANT OF AUTHORITY. A.There is hereby granted to Cooperative and its successors and assigns, the right, privilege and franchise to construct, re-construct, extend, maintain, repair, remove and operate in, along, under and across the Public Rights-of-Way of Town an Electric Distribution System consisting of electric power lines, with all necessary or desirable appurtenances and communications cables, equipment, devices and other equipment (including underground conduits, poles, towers, wires, transmission lines and other structures, and telephone and communication lines for its own internal and non-commercial use), for the purposes of supplying, operating, managing, controlling, optimizing, and maintaining electric service to the Town, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, and operating, managing, controlling, and maintaining local and regional distribution and/or transmission systems, for the term set out in Section 13 (“Franchise”). The Franchise granted herein does not grant to the Cooperative the right, privilege, or authority to engage in any other business within the Town requiring the grant of a right, privilege or authority by the Town, other than the provision of electric utility service. B.The Franchise granted herein does not establish any priority for the use of the Public Rights-of-Way by Cooperative or by any present or future recipients of franchise agreements, franchisees, or other permit holders. In the event of any dispute as to the priority of use of the Public Rights-of-Way, the first priority shall be to the public generally, the second priority to the Town, the third priority to the State of Texas and its political subdivisions in the performance of their various functions, and thereafter, as between recipients of franchise agreements, Cooperative and other permit holders, as reasonably determined by the Town in the lawful exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. C.Cooperative acknowledges that by this Ordinance it obtains only the non-exclusive right to use the Public Rights-of-Way that is expressly granted herein. Cooperative acknowledges and accepts at its own risk that Town may make use of the Public Rights-of-Way in a manner that is inconsistent with Cooperative’s placement and use of its Electric Distribution System located in the Public Rights-of-Way, and in that event Cooperative shall not be entitled to compensation from Town except to the extent Town is obligated to compensate Cooperative under applicable Laws. D.Cooperative shall have the right to lease, license or otherwise grant to a party other than Cooperative the use of its facilities within the Town’s Public Rights-of-Way, provided that prior to the date of the initial attachment of the facilities of a new lessee, licensee, or user to Cooperative’s facilities, Cooperative shall notify the Town of the name of the lessee, licensee, or user, the type of service(s) intended to be provided through the facilities, and the name and telephone number of a contact person associated with such lessee, licensee, or user. This authority to lease facilities within the Public Rights-of-Way shall not affect any such lessee, licensee, or user’s obligation, if any, to pay franchise fees to the Town. Item 17 Ordinance No. 16-___, Page 4 SECTION 3. PURPOSE. The provisions set forth in this Ordinance represent the terms and conditions under which Cooperative shall construct, re-construct, extend, repair, remove, operate and maintain the System within the Public Rights-of-Way of the Town. Except as otherwise provided in this Ordinance, the Town does not in any manner surrender or waive its regulatory or other rights and powers under and by virtue of the Constitution and statutes of the State of Texas as the same may be amended, nor any of its rights and powers under or by virtue of present or future charters or ordinances of the Town. Not included in the Franchise granted herein are any facilities (including any equipment attached in any way to Cooperative’s facilities, whether owned by the Cooperative or not) that provide data delivery, cable service, telephone service, and/or any other service or product unrelated to the Cooperative’s transmittal and delivery of electricity. SECTION 4. OPERATION, CONSTRUCTION AND MAINTENANCE OF ELECTRIC DISTRIBUTION SYSTEM. A. Cooperative’s System shall be initially constructed so as not to unreasonably interfere with any existing publicly-owned or publicly-franchised water and wastewater lines, gas lines, storm sewer lines, open drainage areas, cable, fiber optic cable, roadways, sidewalks, alleys, traffic control devices, public signs, or any other publicly-owned or publicly-franchised facility. The Town shall have the right at any time to order and require Cooperative to remove and abate any part of its Electric Distribution System that is unnecessarily dangerous to life or property, and in case Cooperative, after notice, fails or refuses to act within a reasonable time, the Town shall have the power to remove or abate the same at the expense of Cooperative, all without compensation or liability for damages to Cooperative. B. Permits 1. Cooperative’s facilities shall interfere as little as reasonably possible with Town-owned public works facilities and with vehicular and pedestrian use of Public Rights-of-Way. 2. Cooperative shall not be required to submit a permit application for the placement of facilities outside of the Public Rights-of-Way, however, Cooperative shall provide detailed drawings, in accordance with Cooperative’s customary practice, reflecting Cooperative’s installations on private property so that Town may verify compliance with Town ordinances related to zoning, development, building regulations, and setbacks, and for easement verification. 3. Cooperative shall submit a permit application to Town for the placement of new facilities, for upgrade or augmentation of existing facilities, or for replacement of existing facilities in the Public Rights-of-Way. Such permit application shall include: (a) complete plans and detailed drawings reflecting compliance with all applicable zoning, development, and building requirements of the Town; and (b) all additional information requested by Town reasonably related to the permit request. 4. Except as otherwise provided in this Section 4(B), following the submission of a permit application described herein, notice of Town’s approval or denial of Cooperative’s request for a permit shall be provided in accordance with Town’s usual procedures for processing of permit applications. Item 17 Ordinance No. 16-___, Page 5 5. Town shall endeavor to complete its review of Cooperative’s application within thirty (30) business days after Town’s receipt of the permit application. Prior to the expiration of the said thirty (30) business day period, City shall request any additional information that is necessary to complete its review of Cooperative’s application. City shall issue a decision regarding Cooperative’s permit application within fifteen (15) business days of receipt of the additional information. If the additional information is not sufficient to complete the review of Cooperative’s application, the City may request additional information. City shall issue a decision regarding the application within fifteen (15) business days of receipt of all additionally requested information. 6. If Town has not approved or denied Cooperative’s request for a permit within: (a) Thirty (30) business days after receipt by Town of the permit application (if no additional information was requested by Town), or (b) The timeline established in Section 4(B)(5) after receipt by Town of all additional information requested by Town reasonably related to the permit request, then upon written request by Cooperative, the Town’s Department Director in charge of the permit process shall, within fifteen (15) days after such written request, approve (and issue) the permit or deny the permit application in question. 7. Cooperative may proceed with the placement of the facilities described in its permit application if written notice of Town’s approval or denial of Cooperative’s request for a permit is not provided within the timeline pursuant to Section 4(B)(6) above. 8. A permit application for new overhead facilities not directly associated with a line extension for new electric service, or for overhead facilities to augment, upgrade, replace, or repair facilities within a Public Right-of-Way on existing poles (existing pole lines) containing overhead facilities, may not be denied for aesthetic reasons. 9. A permit application approved by the Town may be valid for a period of time consistent with the amount of time reasonably required and submitted in the permit application for the Cooperative to perform the work described in the permit application. City shall grant an extension for such time as reasonably required to complete such work upon Town’s receipt of Cooperative’s request in writing for such an extension, but in no case shall the extended period exceed six (6) months from date of such written request. 10. In determining the location of the Cooperative’s new facilities within the Town, the Cooperative shall minimize interferences with then-existing or documented planned underground structures of the Town or with the existing facilities of other users of the Public Rights-of-Way. In determining the location of the facilities of the Town and other utility franchisees and other users of the Public Rights-of-Way within the Town, the Town shall take reasonable steps to minimize the interference with existing facilities of the Cooperative and shall require other utility franchisees or users of the Public Rights-of-Way to minimize interference with existing facilities of the Cooperative. Item 17 Ordinance No. 16-___, Page 6 C. Cooperative’s property and operations within the Public Rights-of-Way of the Town shall be subject to such reasonable and lawful rules and regulations of the Town or other Governmental or Regulatory Authority as may be authorized by applicable law from time to time for the protection of the public health, safety and welfare. This Ordinance shall in no way affect or impair the rights, obligations or remedies of the parties under the Texas Public Utility Regulatory Act, or other state or federal law. Nothing herein shall be deemed a waiver, release or relinquishment of either party’s right to contest, appeal, or file suit with respect to any action or decision of the other party, including ordinances adopted by the Town that Cooperative believes are contrary to applicable Laws. D. Cooperative shall construct, re-construct, extend, repair, remove, maintain, operate and replace its facilities in accordance with its Tariff and in conformance with the applicable provisions of the National Electric Safety Code or such comparable standards as may be adopted by the Cooperative, provided such comparable standards are not in conflict with the National Electric Safety Code. Cooperative shall comply with applicable Laws and standards. E. Town may request that Cooperative place new facilities underground, provided that, if Cooperative otherwise would, pursuant to its Tariff, construct those facilities overhead, the Town or property developer shall (a) bear the cost differential between overhead and underground construction and facilities and (b) specify and provide, in compliance with the Cooperative’s reasonable specifications and requirements, a location for such underground facilities. F. Cooperative and Town have agreed that Cooperative shall not be obligated to provide maps identifying all Cooperative facilities within the Town boundaries, provided however, that Cooperative agrees to provide reproducible copies of maps showing the location of all Cooperative primary electric lines within the Public Rights-of-Way at least annually upon request by Town. The maps shall be provided in electronic digital format, if available. In addition, upon request, Cooperative shall cooperate with the Town by identifying and locating, at locations specified by the Town, Cooperative’s existing facilities such as underground conduits, manholes to access such underground conduits, and other appurtenances and by providing information to the Town regarding Cooperative’s plans for future facilities. Maps provided to Town by Cooperative shall be maintained as confidential by the Town as provided in Section 15 hereof. Upon request, the Town shall cooperate with the Cooperative by identifying and locating, at locations specified by the Cooperative, Town’s existing facilities such as water and sewer lines, storm drains, communications lines, and appurtenances. G. Any and all excavations and obstructions in and upon the Public Rights-of-Way and other public places in the Town caused by the Cooperative’s operations under the Franchise granted herein shall be repaired and removed as quickly as is reasonably possible, under the circumstances. All excavations shall be repaired in a good and workmanlike manner and restored to at least the condition that existed prior to the excavation. All utilities, irrigation equipment, utility equipment, and any other improvements located in the Public Rights-of-Way and disturbed by the Cooperative’s operations under the Franchise granted herein shall likewise be restored within a reasonable time to as good a condition as existed before the commencement of the work to the satisfaction of the Town. Replacement of sod is to be of like kind, smoothed, shaped, rolled and compacted for proper landscape maintenance. Cooperative warrants that any such restoration work performed in the Public Rights-of-Way shall be in satisfactory condition for a period of two (2) years after completion of restoration, to the extent that such restoration work has not been disturbed by others. In the event that the Cooperative fails to repair or restore an excavation site within fourteen (14) calendar days after receipt of written notice from the Town of a deficiency, the Town may, at its option, perform the needed repair or restoration and the Cooperative shall promptly reimburse the Town for the cost of such repair or restoration. Item 17 Ordinance No. 16-___, Page 7 H.Town shall have the right to inspect all reconstruction or installation work and to make such tests as it deems necessary to ensure compliance with the terms of this Ordinance, or other applicable Town ordinances or pertinent provisions of law. I.The public shall be protected by barriers and lights placed, erected, marked and maintained by the Cooperative in accordance with standards set forth in the current Texas Manual on Uniform Traffic Control Devices as well as any other applicable local, state and federal requirements. Except for repairs, day-to-day maintenance, or in cases of emergency conditions, work conducted within the Public Rights-of-Way shall require an approved permit issued by the Town prior to commencement of work. In no instance shall Cooperative be required to pay fees or post bonds related to its use of the Public Rights-of-Way. J.Cooperative shall have the authority to trim or remove trees and vegetation upon or overhanging its System that may endanger or interfere with the System and its operation, and to prevent the vegetation and the branches of such trees from coming in contact with the System. The Cooperative’s vegetation management practices shall be consistent with the safety requirements for pruning, repairing, maintaining, and removing trees endorsed by the American National Standards Institute (specifically the ANSI A300, titled “Best Management Practices, Utility Pruning of Trees”); NESC Section 218; and state law. Except during an emergency or the recovery after an emergency, Cooperative shall notify the Town and its residents at least three (3) days prior to entering onto property to perform any tree trimming activities. The Town will encourage new developments to make prudent tree selection and planting decisions around power lines. K.Upon the written request of any person holding a building moving permit issued by the Town, Cooperative shall remove, raise or lower its wires temporarily to permit the moving of a house, building or other bulky structure. The reasonable expense of such temporary removal, raising or lowering shall be paid by the benefitted person or persons and Cooperative may require such payment in advance. Cooperative shall be given not less than forty-eight (48) hours advance notice in writing to arrange for such temporary removal, raising or lowering. L.Nothing contained in this Ordinance shall be construed to require any pole attachments for electric light or power wires or electrical facilities or systems not provided by Cooperative, or any non-electric wires, facilities or systems, to be attached to Cooperative’s poles or other physical plant. If the Town or any other person or entity desires pole attachments for any such electric or non-electric wires, facilities or systems not provided by Cooperative, then a further separate, non-contingent agreement shall be prerequisite to such attachments or such use of any trench space. Nothing herein shall prohibit Cooperative from requiring reasonable, non- discriminatory terms and from charging just compensation pursuant to a pole attachment or joint use agreement; however, any pole attachment or joint use agreement with a third party shall not be enforceable by the Town. M.In areas of the Town where the Town finds that the Public Rights-of-Way will not readily accommodate further facilities, the Town may require Cooperative to share trench space with the Town or any other person authorized to use such Public Rights-of-Way for the placement of its cables or ducts. Ducts, cables, or wires not owned by Cooperative shall be placed in trenches in compliance with applicable safety and construction standards in a manner that does not interfere with Cooperative’s ducts, conduit, cables or wires. Nothing herein shall prohibit Cooperative from requiring reasonable, non-discriminatory terms and from charging just compensation for the use of its facilities or trench space; however, any such agreement with a third party shall not be enforceable by the Town. N.The Cooperative shall hold itself ready to furnish, subject to Section 4(L) above, such space as may be required from time to time by the Town upon the poles now owned or hereafter erected by the Cooperative in the Town for the use of the Town’s police, fire alarm, communications, and traffic signal systems (for purposes of this Section hereafter referred to as Item 17 Ordinance No. 16-___, Page 8 “Town Systems”); provided that such Town use and placement shall be in compliance with applicable safety and construction standards and shall not interfere with Cooperative’s System. The location on the poles of the Town Systems shall be determined on specific applications for space, at the time the applications are received from the Town, and will be allotted in accordance with the National Electrical Safety Code. In its wire construction on Cooperative’s poles, the Town shall comply with the applicable suggestions, standards and requirements of the National Electrical Safety Code and such construction shall not interfere with or cause damage to the Cooperative’s System. O.Town shall not sell, lease or otherwise make available any rights granted by Cooperative to Town to use Cooperative’s facilities to any third party. Such rights are provided solely for the non-commercial, governmental use by the Town. SECTION 5. RELOCATION OF FACILITIES. A.The Town reserves the right to lay, and permit to be laid, storm, sewer, gas, water, wastewater and other pipe lines, cable, and conduits, or other improvements and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under Public Rights-of-Way occupied by Cooperative. B.The Town also reserves the right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility lines, storm sewers, drainage basins, drainage ditches, and other public improvements. Upon request by Town, Cooperative shall relocate, remove, or alter its facilities at its expense whenever such relocation, removal, or alteration is made necessary by Public Right-of-Way or other public improvements, provided that the Town shall provide Cooperative with at least thirty (30) days prior written notice and shall specify and provide a new location for such facilities within the Public Rights-of-Way. If Cooperative believes that the cost is excessive to relocate, remove, or alter its facilities per the Town request, Cooperative shall have the opportunity to present alternative proposals for the Town’s consideration. Town may request that Cooperative relocate existing overhead facilities underground when Cooperative is required to relocate facilities under this Section 5(B), provided that the Town or property developer shall (a) bear the cost differential between overhead and underground construction and facilities and (b) specify and provide, in compliance with the Cooperative’s reasonable specifications and requirements, a new location for such facilities. C.When Cooperative is required by Town to remove or relocate its poles, towers, conduits, cables, and other facilities to accommodate Public Right-of-Way improvements, and Cooperative is eligible under Federal, State, County, Town or other local agencies or programs for reimbursement of costs and expenses incurred by Cooperative as a result of such removal or relocation and such reimbursement is required to be handled through Town, the Cooperative’s costs and expenses shall be included in any application by Town for reimbursement, if Cooperative submits its cost and expense documentation to Town prior to the filing of the application. Town shall provide reasonable notice to Cooperative of the deadline for Cooperative to submit documentation of the costs and expenses of such removal or relocation to Town. D.If a Public Right-of-Way in which Cooperative has facilities is proposed to be vacated, eliminated, discontinued, or closed, Cooperative shall be notified of same at least sixty (60) days prior to such event, and all rights of Cooperative under this Ordinance to use same shall terminate, provided that a reasonable alternate route within the Public Right-of-Way is available for relocation of such facilities. Cooperative shall, as soon as reasonably possible, remove the Electric Distribution System from such Public Right-of-Way unless Cooperative obtains any necessary easements from the affected property owner to use the former Public Right-of-Way, or a court orders the provision of such easements. Where reasonably possible and to the extent consistent with the treatment of other utility facilities in the former Public Right-of-Way, Town shall Item 17 Ordinance No. 16-___, Page 9 reserve easements for Cooperative to continue to use the former Public Right-of-Way. Cooperative shall bear the cost of any removal or relocation of the Electric Distribution System unless the vacation, elimination, discontinuance or closure is primarily for the benefit of a private party, in which case the private party shall bear such costs. E.If the Town requires the Cooperative to adapt or conform its facilities, or in any manner to alter, relocate, or change its property to enable any other entity to use, or use with greater convenience, said Public Rights-of-Way, the Cooperative shall not be bound to make such changes until such other entity shall have undertaken, with good and sufficient bond, to reimburse the Cooperative for any costs, loss, or expense which will be caused by, or arises out of such change, alteration, or relocation of Cooperative’s property or facilities. SECTION 6. INDEMNITY. A.In consideration of the Franchise granted herein, Cooperative shall, at its sole cost and expense, indemnify and hold the Town, and its past and present officers, agents, and employees (the “Indemnitees”) harmless against any and all liability arising from any claim, lawsuit, judgments, or action brought or made for or on account of any death, injuries to, or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by Cooperative’s or any of its officers, agents, or employees, intentional and/or negligent acts or omissions in connection with Cooperative’s construction, maintenance and operation of Cooperative’s System in the Public Rights-of-Way, including any court costs, expenses and defenses thereof. B.This indemnity shall only apply to the extent that the loss, damage or injury is attributable to the negligence or wrongful act or omission of the Cooperative, its officers, agents or employees, and does not apply to the extent such loss, damage or injury is attributable to the negligence or wrongful act or omission of the Town, or the Town’s agents, representatives or employees or any other person or entity. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the Cooperative and the Town. C.In the event of joint and concurrent negligence or fault of both the Cooperative and the Town, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to the Town under Texas law and without waiving any of the defenses of the parties under Texas law. Further, in the event of joint and concurrent negligence or fault of both the Cooperative and the Town, responsibility for all costs of defense shall be apportioned between the Town and Cooperative based upon the comparative fault of each. D.In fulfilling its obligations to defend and indemnify Town, Cooperative shall have the right to select defense counsel, subject to Town’s approval, which approval will not be unreasonably withheld. Cooperative shall retain defense counsel within seven (7) business days of Town’s written notice that Town is invoking its right to indemnification under this Section 6. If Cooperative fails to retain counsel within such time period, Town shall have the right to retain defense counsel on its own behalf, and Cooperative shall be liable for all reasonable defense costs incurred by Town. SECTION 7. LIABILITY INSURANCE. Cooperative shall, at its sole cost and expense, obtain, maintain, or cause to be maintained, and provide, throughout the term of the Franchise granted herein, insurance in the amounts, types and coverages set forth below. Such insurance may be in the form of self- insurance to the extent not precluded by applicable law or by obtaining insurance, as follows: Item 17 Ordinance No. 16-___, Page 10 A.Commercial general or excess liability on an occurrence or claims made form with minimum limits of not less than five million dollars ($5,000,000) per occurrence and not less than ten million dollars ($10,000,000) aggregate. To the extent that coverage is maintained on a claims made form, the minimum limits are not less than ten million dollars ($10,000,000) per occurrence and not less than twenty million dollars ($20,000,000) aggregate. This coverage shall include the following: 1.Products/completed operations to be maintained for the warranty period specified in Section 4(G), provided however that no bond shall be required. 2.Personal and advertising injury. 3.Contractual liability. 4.Explosion, collapse, or underground (XCU) hazards. B.Automobile liability coverage with a minimum policy limit of not less than one million dollars ($1,000,000) combined single limit each accident. This coverage shall include all owned, hired and non-owned automobiles. C.Statutory workers’ compensation benefits in accordance with the statutes and regulations of the State of Texas. Cooperative must provide the Town with a waiver of subrogation for workers' compensation claims. D.Cooperative must name the Town, which includes all authorities, commissions, divisions, and departments, as well as elected and appointed officials, agents, and volunteers, as additional insureds under the coverage required herein, except workers’ compensation coverage. The certificate of insurance must state that the Town is an additional insured. E.Cooperative will require its contractors and subcontractors performing work within the Public Rights-of-Way to maintain, at their sole cost and expense, commercial general or excess liability on an occurrence or claims made form with minimum limits of not less than one million dollars ($1,000,000) per occurrence and not less than two million dollars ($2,000,000) aggregate. Such insurance shall be required under the same conditions as specified herein for Cooperative. Cooperative will maintain at all times, and will provide to Town upon request, proof of its contractors’ and subcontractors’ compliance with this requirement. F.The Cooperative will provide proof of insurance in accordance with this Ordinance within thirty (30) days of the effective date hereof and annually thereafter. Cooperative will not be required to furnish separate proof when applying for permits. G.All polices shall be endorsed to read: “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO THE TOWN EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE WRITTEN NOTICE IS REQUIRED. Item 17 Ordinance No. 16-___, Page 11 SECTION 8. NON-EXCLUSIVE FRANCHISE. The Franchise granted herein is not exclusive, and nothing herein contained shall be construed so as to prevent the Town from granting other like or similar rights, privileges and franchises to any other person, firm, or corporation. SECTION 9. COMPENSATION TO THE TOWN. A.In consideration of the grant of said right, privilege and franchise by the Town and as full payment for the right, privilege and franchise of using and occupying the said Public Rights- of-Way, Cooperative shall pay to the Town a franchise fee as set forth herein (“Franchise Fee”). 1.The Franchise Fee shall be in lieu of any and all occupation taxes, assessments, municipal charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the Town may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the Town is authorized to levy and impose upon real and personal property, sales and use taxes, and special assessments for public improvements. 2.The Franchise Fee on Gross Revenues and CIAC shall be paid quarterly, within forty-five (45) days after the end of each calendar quarter (i.e., by May 15, August 15, November 15, and February 15 of each year of this Franchise term); and the Franchise Fee on Pole Attachment Revenue shall be paid annually by May 15. 3.Quarterly payments shall be a sum comprised of the following: (a)a sum equal to four percent (4%) of Gross Revenues received by Cooperative for the immediately preceding calendar quarter; and (b)a sum equal to four percent (4%) of CIAC received by Cooperative for the immediately preceding calendar quarter. 4.The Franchise Fee on Pole Attachment Revenue shall be four percent (4%) of Pole Attachment Revenue received by Cooperative for the immediately preceding calendar year. 5.Payments shall continue in like manner for any extension of the Franchise granted herein as provided in Section 13 hereof. B.With each payment of compensation required by Section 9(A), Cooperative shall furnish to the Town a statement, executed by an authorized officer of Cooperative or designee, in sufficient detail to show how each component of the payment described herein was arrived at and how the amount paid to the Town was determined for the pertinent quarter. C.If either party discovers that Cooperative has failed to pay the entire or correct amount of compensation due, the correct amount shall be determined by mutual agreement between the Town and Cooperative and the Town shall be paid by Cooperative within thirty (30) calendar days of such determination or such additional time as mutually agreed to by the Town and Cooperative. Any overpayment to the Town through error or otherwise will, at the sole option of the Town, either be refunded or offset against the next payment due from Cooperative. Acceptance by the Town of any payment due under this Section shall not be deemed to be a waiver by the Town of any breach of this Ordinance, nor shall the acceptance by the Town of any such payments preclude the Town from later establishing that a larger amount was actually due or from collecting any balance due to the Town. Item 17 Ordinance No. 16-___, Page 12 D.Interest on late payments and underpayments shall be calculated in accordance with the interest rate for customer deposits established by the Public Utility Commission of Texas in accordance with Texas Utilities Code § 183.003, as amended, for the time period involved. E.No taxes, fees, or other payments by Cooperative to the Town, including, but not limited to, ad valorem taxes, shall reduce the Franchise Fees payable to the Town hereunder, except as agreed to in writing by the Town. F.Within thirty (30) days after the effective date of this Ordinance, the Town shall provide Cooperative (at the notice address specified in Section 18) with maps clearly showing the location of the boundaries of the Town. Within thirty (30) days after Town annexes property into, or disannexes property from, the territory of Town, Town shall provide Cooperative (at the notice address specified in Section 18) with maps clearly showing the location of the boundaries of such annexed or disannexed property. Within sixty (60) days, or such additional time as mutually agreed to by the Town and Cooperative, after Cooperative’s receipt by certified mail of (i) written notice from the Town that the Town has annexed territory into the Town and (ii) maps showing clearly the areas annexed, the Cooperative shall revise its accounting records to include the annexed territory, and Cooperative’s customers therein, within the Town. After such time period, each kilowatt hour of electricity delivered by Cooperative to each retail customer whose consuming facility’s point of delivery is located within such annexed area shall be included in the calculation of the amount described in Section 9(A) above. G.Cooperative is hereby authorized to surcharge to customers within the Town all or any portion of the Franchise Fee that is the subject of this Ordinance. All bills for service rendered within the Town may be adjusted so as to recover the Franchise Fee that is the subject of this Ordinance, less any percentage that is recovered by Cooperative through base rates or other charges. SECTION 10. ACCOUNTING MATTERS. A.Cooperative shall keep accurate books of account at its principal office for the purpose of determining the Franchise Fee amount due to the Town under this Ordinance. Cooperative shall retain such books, records, and documents and other evidence pertaining to the Franchise granted herein and Franchise Fee payments due hereunder for a period of not less than five (5) years, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. Each of the terms “books,” “records,” “documents,” and “other evidence” as used herein shall be construed to include electronic files. B.The Town may conduct an audit or other inquiry in relation to a Franchise Fee payment made by Cooperative or may pursue a cause of action in relation to Cooperative’s payment of any Franchise Fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than two (2) years before the commencement of such audit, inquiry, or pursuit of a cause of action. Provided, the Town shall not, after the Effective Date of this Ordinance, initiate an audit of or seek any other remedies related to the Franchise Fee payments by the Cooperative for any period prior to the Effective Date of this Ordinance. The Town may, if it sees fit, upon reasonable notice to the Cooperative, examine, audit, and obtain copies of the books and records of the Cooperative related to the Franchise Fee. Cooperative shall make available all requested books, records, documents and other evidence within thirty (30) calendar days of Town’s written request for same. C.If the results of any audit indicate that Cooperative (i) paid the correct Franchise Fee, (ii) overpaid the Franchise Fee and is entitled to a refund or credit, or (iii) underpaid the Franchise Fee by five percent (5%) or less, then the Town shall pay the costs of the audit. If the Item 17 Ordinance No. 16-___, Page 13 results of the audit indicate the Cooperative underpaid the Franchise Fee by more than five percent (5%), then the Cooperative shall pay the reasonable costs of the audit. D.Upon the reasonable request of the Town, the Cooperative shall use commercially reasonable efforts to make available to the auditor at the Cooperative’s offices where such records are maintained and such personnel are located, during the Cooperative’s regular business hours and upon reasonable notice, such personnel and records as the Cooperative, in its reasonable discretion, determines are necessary or appropriate to the Town’s request in order to complete such audit, and shall make no charge to the Town therefor; provided, however, any copy expenses or other out-of-pocket expenses incurred by the Cooperative as a result of requests by the Town or its auditor, shall be the responsibility of the Town and the Town shall promptly pay the reasonable cost thereof to the Cooperative. 1.If as the result of any Town audit, Cooperative is refunded/credited for an overpayment or pays the Town for an underpayment of the Franchise Fee, such refund/credit or payment shall be made pursuant to the terms established in Sections 9(C) and 9(D). 2.If as a result of a subsequent audit, initiated within two (2) years of an audit which resulted in Cooperative making a payment to the Town due to an underpayment of the Franchise Fee of more than five percent (5%), Cooperative makes another payment to the Town due to an underpayment of the Franchise Fee of more than five percent (5%), the Town may also recover interest on the total amount of underpayment at the interest rate in effect on the date of the invoice (calculated as provided in Section 9(D) hereof), plus two percent (2%) on the entire amount from the date of invoice. 3.If the results of the audit indicate that the Cooperative underpaid the Franchise Fee by more than five percent (5%), and the Cooperative is unable to produce reasonable evidence that the results of the audit are not accurate, then the Cooperative shall pay to the Town a penalty equal to five percent (5%) of the total amount underpaid in addition to the total amount underpaid. No penalty shall be assessed for uncollected Franchise Fees by Cooperative; however, the Cooperative shall provide evidence of the actual amount of uncollected Franchise Fees. Interest on the total amount of underpayment shall be paid at the interest rate in effect on the date the original payment was due (calculated as provided in Section 9(D) hereof), plus two percent (2%), and interest shall be calculated from the time the original amount was due. Any additional amount due to Town hereunder shall be paid within thirty (30) days from the date of invoice. Any amount not paid within thirty (30) days from the date of the invoice will cause interest to be payable at the interest rate in effect on the date of the invoice (calculated as provided in Section 9(D) hereof), plus two percent (2%) on the entire amount from the date of invoice. E.The Cooperative shall assist the Town in its review by responding to all requests for information no later than thirty (30) days after receipt of a request unless a different schedule is agreed to by the Town and Cooperative. SECTION 11. RIGHT OF RENEGOTIATION. A.Should either Cooperative or the Town have cause to believe that a change in circumstances relating to the terms of the Franchise granted herein may exist, it may request that the other party provide it with a reasonable amount of information to assist in determining whether Item 17 Ordinance No. 16-___, Page 14 a change in circumstances has taken place. If the Cooperative elects to participate in customer choice (i.e., retail competition), it shall notify the Town within thirty (30) days of the Cooperative’s election to so participate. B.Should either party hereto determine that based on a change in circumstances, it is in such party’s best interest to renegotiate all or some of the provisions of this Ordinance, then the other party agrees to enter into good faith negotiations. Said negotiations shall involve reasonable, diligent, and timely discussions about the pertinent issues and a resolute attempt to settle those issues. The obligation to engage in such negotiations does not obligate either party to agree to an amendment of this Ordinance as a result of such negotiations. A failure to agree does not show a lack of good faith. If, as a result of renegotiation, the Town and Cooperative agree to a change in a provision of this Ordinance, the change shall become effective upon passage of an ordinance by the Town in accordance with the Town Charter and acceptance of the ordinance by Cooperative. SECTION 12. TRANSFER AND ASSIGNMENT. The Franchise granted herein shall not be assigned or transferred without the written consent of the Town, which consent shall not be unreasonably withheld, provided, however, that Cooperative may assign its rights under this Ordinance to a parent, subsidiary, affiliate or successor entity without such consent, so long as (i) such parent, subsidiary, affiliate or successor assumes all obligations of Cooperative hereunder, and (ii) is bound to the same extent as Cooperative hereunder. Cooperative shall give the Town sixty (60) days prior written notice of any assignment to a parent, subsidiary, affiliate or successor entity. Any required consent shall be expressed by an ordinance that fully recites the terms and conditions, if any, upon which such consent is given. Any assignment or transfer effected prior to the Town’s approval thereof, if required, shall authorize the Town to treat such assignment or transfer as an Uncured Event of Default and immediately implement the provisions of Section 14, including the right to terminate the Franchise granted herein. SECTION 13. TERM. This Ordinance shall become effective on the Effective Date and shall expire on December 31 of the calendar year in which the tenth (10th) anniversary of the Effective Date occurs; provided that, unless written notice of non-renewal is given by either party hereto to the other not less than six (6) months before the expiration of the Franchise granted herein, it shall be automatically renewed for an additional period of one (1) year from such expiration date and shall be automatically renewed thereafter for like periods until canceled by written notice given not less than six (6) months before the expiration of any such renewal period. SECTION 14. DEFAULT, REMEDIES AND TERMINATION. A.Events of Default. The occurrence, at any time during the term of the Franchise granted herein, of any one or more of the following events, shall constitute an Event of Default by Cooperative under this Ordinance: 1.The failure of Cooperative to pay the Franchise Fee on or before the due dates specified herein. 2.Cooperative’s breach or violation of any of the terms, covenants, representations or warranties contained herein or Cooperative’s failure to perform any material obligation contained herein. B.Uncured Events of Default. Item 17 Ordinance No. 16-___, Page 15 1. Upon the occurrence of an Event of Default which can be cured by the immediate payment of money to Town or a third party, Cooperative shall have thirty (30) calendar days after receipt of written notice from Town of an occurrence of such Event of Default (or such longer time as the Town may specify in such notice) to cure same before Town may exercise any of its rights or remedies pursuant to Section 14(C). 2. Upon the occurrence of an Event of Default by Cooperative which cannot be cured by the immediate payment of money to Town or a third party, Cooperative shall have sixty (60) calendar days (or such additional time as may be agreed to by the Town) after receipt of written notice from Town of an occurrence of such Event of Default to cure same before Town may exercise any of its rights or remedies pursuant to Section 14(C). 3. If the Event of Default is not cured within the time period allowed for curing the Event of Default as provided for herein, such Event of Default shall, without additional notice, become an Uncured Event of Default, which shall entitle Town to exercise the remedies pursuant to Section 14(C). C. Remedies. Upon receipt of a notice of an alleged Uncured Event of Default as described in Section 14(B), which notice shall specify the alleged failure with reasonable particularity, the Cooperative shall, within the time periods specified in Section 14(B) or such longer period of time as the Town may specify in such notice, either cure such alleged failure or, in a written response to the Town, either present facts and arguments in refuting or defending such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. In the event that such cure is not forthcoming or the Town determines that an unexcused Uncured Event of Default has occurred, Town shall be entitled to exercise any and all of the following cumulative remedies; 1. The commencement of an action against Cooperative at law for monetary damages. 2. The commencement of an action in equity seeking injunctive relief or the specific performance of any of the provisions, which as a matter of equity, are specifically enforceable. 3. The termination of the Franchise granted herein. D. Remedies Not Exclusive. The rights and remedies of Town and Cooperative set forth in this Ordinance shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. Town and Cooperative understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by Town of any one or more of such remedies shall not preclude the exercise by Town, at the same or different times, of any other such remedies for the same failure to cure. However, notwithstanding this Section or any other provision of this Ordinance, Town shall not recover both liquidated damages and actual damages for the same violation, breach, or noncompliance, either under this Section or under any other provision of this Ordinance. E. Termination. The Franchise granted herein may be terminated only in accordance with the provisions of Section 14(C). Town shall notify Cooperative in writing at least thirty (30) business days in advance of the Town Council meeting at which the questions of termination shall be considered, and Cooperative shall have the right to appear before the Town Council in person or by counsel and raise any objections or defenses Cooperative may have that are relevant to the proposed forfeiture or termination. The final decision of the Town Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Cooperative of the Town Council’s decision terminating the Franchise granted herein, the effective date of such termination shall be either when such appeal is withdrawn or a court order upholding the termination becomes final and unappealable. If no appeal is filed, the effective date of such Item 17 Ordinance No. 16-___, Page 16 termination shall be the thirtieth (30th) day following the date of the final termination decision of the Town Council. Until the termination becomes effective the provisions of the Franchise granted herein shall remain in effect for all purposes. F. The failure of the Town to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Ordinance shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by the Town unless said waiver or relinquishment is in writing and signed by the Town. SECTION 15. PUBLIC INFORMATION. If the Cooperative provides confidential or proprietary information to the Town, the Cooperative shall be solely responsible for identifying such information with markings calculated to bring the Town’s attention to the proprietary or confidential nature of the information, provided it is expressly understood and agreed that all maps and all information concerning Franchise Fee calculation and payments and audit information furnished by or on behalf of the Cooperative to the Town or its auditors or consultants shall be deemed strictly confidential and subject to the Town’s agreement in the next sentence. The Town agrees to maintain the confidentiality of any information obtained from Cooperative so designated to the fullest extent allowed by law. If the Town is not permitted by applicable law to maintain such confidentiality, the Town shall notify the Cooperative of such fact at the time the Town requests any such information from the Cooperative or, in all other events, prior to receiving such information from the Cooperative. Town shall not be liable to Cooperative for the release of any information the Town is required to release by law. Town shall provide notice to Cooperative of any request for release of information designated as confidential or proprietary prior to releasing the information so as to allow Cooperative adequate time to pursue available remedies for protection. If the Town receives a request under the Texas Public Information Act that includes information designated by Cooperative as proprietary or confidential, Town will notify the Texas Attorney General of the asserted proprietary or confidential nature of the document(s). The Town also will provide Cooperative with a copy of such notification to the Texas Attorney General, and thereafter Cooperative is responsible for establishing that an exception under the Texas Public Information Act allows the Town to withhold the information. SECTION 16. PUBLIC PURPOSE. All of the provisions contained in this Ordinance are hereby declared to be for a public purpose, and are in the interests of the health, safety, and welfare of the general public. SECTION 17. SEVERABILITY; ORDINANCE CONTROLLING. If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the parties in adopting this Ordinance that no provision hereof shall be inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and to that end, all provisions of this Ordinance are declared to be severable. Both the Cooperative and the Town expressly recognize that this Ordinance creates a binding and enforceable contract between them, which contract may not be amended without written consent of both the Cooperative and the Town. Should any inconsistency or conflict exist between the provisions of this Ordinance and the Town’s charter or another ordinance or ordinances, then the provisions of this Ordinance shall control to the extent of such inconsistency or conflict to the extent not prohibited by law. Item 17 Ordinance No. 16-___, Page 17 SECTION 18. NOTICE. Any notices required or desired to be given from one party to the other party to this Ordinance shall be in writing and shall be given and shall be deemed to have been served and received if: (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is deemed served and received by the other party as provided above, the last address of such party designated for notice shall remain such party’s address for notice. TOWN COOPERATIVE Town of Prosper, Texas Denton County Electric Cooperative, Inc., 121 W. Broadway d/b/a CoServ Electric Prosper, Texas 75078 7701 S. Stemmons Freeway Attention: Town Manager Corinth, Texas 76210-1842 Attention: President SECTION 19. ACCEPTANCE. In order to accept the Franchise granted herein, Cooperative must file with the Town Secretary its written acceptance of this Ordinance within sixty (60) days after the Town provides written notice to Cooperative of this Ordinance’s final passage and approval by Town (the “Town Adoption Notice”). Cooperative shall reimburse Town for publication expenses incurred by Town in connection with Town publishing this Ordinance for purposes of public notification of the accepted Franchise to the extent that such expenses do not exceed the cost to publish the caption of this Ordinance in accordance with Section 52.013(a) of the Texas Local Government Code, Upon Cooperative’s written acceptance of the terms of this Ordinance, all claims of Town and Cooperative under any prior franchise ordinance or other agreement between the parties that were or could have been made by either party shall be forever waived and extinguished. SECTION 20. FUTURE AMENDMENTS. This Ordinance may be amended only by an ordinance adopted by the Town and accepted by the Cooperative in writing. SECTION 21. ORDINANCE PASSED AT PUBLIC MEETING. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted, all as required by law. SECTION 22. EFFECTIVE DATE. Upon the filing of Cooperative’s written acceptance of the Franchise granted herein, this Ordinance shall become effective as of the first day of the calendar month that is not less than sixty (60) days after the final adoption of this Ordinance by the Town. Item 17 Ordinance No. 16-___, Page 18 SECTION 23. REPEAL. This Ordinance shall supersede any and all other franchises granted by the Town to Cooperative, its predecessors and assigns. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 13TH DAY OF DECEMBER, 2016. APPROVED: _____________________________ Ray Smith, Mayor ATTEST: _____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 17 Attachment 1 FRANCHISE FEES CURRENT REVENUE SOURCES Atmos Energy – 5% of Gross Revenue CoServ Electric – 2% of Gross Revenue CoServ Gas – 2% of Revenue Oncor Electric – 4% of Revenues. plus 0.003476 of total kWh Southwestern Bell Telephone – 5% of Gross Receipts Suddenlink Cable – 5% of Revenue IESI (Progressive) Solid Waste – Roll off only – 5% Item 17 Attachment 2 FRANCHISE FEES COSERV SERVICE AREAS City/Town Franchise Fee Denton 5.000%* Flower Mound 5.000% Highland Village 5.000%* Lewisville 5.000%* Little Elm 5.000%* McKinney 5.000%* Northlake 5.000% Oak Point 4.025% Allen 4.000% Argyle 4.000% Aubrey 4.000% Bartonville 4.000% Carrollton 4.000% Coppell 4.000% Copper Canyon 4.000% Fort Worth 4.000% Lakewood Village 4.000% Pilot Point 4.000% Plano 4.000% Sanger 4.000% The Colony 4.000% Cross Roads 3.000% Double Oak 3.000% Frisco 3.000% Krum 3.000% New Fairview 3.000% Corral City 2.000% Dish 2.000% Hackberry 2.000% Hickory Creek 2.000% Krugerville 2.000% Ponder 2.000% Prosper 2.000% Item 17 Page 1 of 2 To: Mayor and Town Council From: Steve Glass, Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon awarding Bid No. 2017-05-B BNSF Pressure Reducing Valve Project 1508- WA, to North Texas Contracting, Inc., related to construction services to install a Pressure Reducing Valve for the Prosper Trail Pressure Reducing Valve Project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: The need for a pressure reducing valve (PRV) to serve the lower water pressure plane was identified on the 2016 Capital Improvement Program. This will be located at the southwest corner of the intersection of West Prosper Trail and Coleman Street, adjacent to the BNSF Railroad right- of-way. On October 14, 2015, a contract was entered into between the Town of Prosper and Alan Plummer and Associates, Inc., for the design of the Prosper Trail Pressure Reducing Valve Project. The design was completed and the project was advertised on September 28, 2016, and October 5, 2016. On October 14, 2016, at 2:00 PM, one bid was received. The verified bid total was $108,384 from North Texas Contracting, Inc. The Engineer’s estimate was $104,600. The contract specifies a substantial completion time of 90 calendar days. The Bid includes furnishing all labor, equipment and materials, and performing all work necessary for the construction of a pressure reducing valve vault, installing a PRV, and necessary appurtenances, testing of improvements, and restoration of all disturbed areas. Budget Impact: The Capital Improvement Program 1508–WA budgeted at $582,200 also includes a potential future PRV at First Street. If required, the First Street PRV is estimated to cost $421,875. W ith the current request for Prosper Trail PRV at $108,384 including previous design costs, staff anticipates a budget surplus of $19,800 at the completion of all projects. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, LLP, 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. PUBLIC WORKS Item 18 Page 2 of 2 Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2017-05-B BNSF Pressure Reducing Valve Project 1508-WA, to North Texas Contracting, Inc., related to construction services to install a Pressure Reducing Valve for the Prosper Trail Pressure Reducing Valve Project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2017-05-B BNSF Pressure Reducing Valve Project 1508-WA, to North Texas Contracting, Inc., related to construction services to install a Pressure Reducing Valve for the Prosper Trail Pressure Reducing Valve Project; and authorize the Town Manager to execute a construction agreement for same. Item 18 Item 18 TOWN OF PROSPER BID TABULATION SUMMARY Bid No. 2017-05-B BNSF Pressure Reducing Valve Project (1508-WA) Bid Opening: 10/14/2016 at 2:00 PM Grand Total North Texas Contracting, Inc. $ 108,384.00 Certified By: January M. Cook, CPPO, CPPB Date: 10/17/2016 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 18 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) 2016 BIDDING ONLY BID NO. 2017-05-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Mike Davis, Place 5 Harlan Jefferson, Town Manager Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 OCTOBER 2016 00010 Page 1 of 2 TABLE OF CONTENTS SECTION 00010 TABLE OF CONTENTS Division / Section Title Division 00 Procurement and Contracting Requirements Division 01 General Requirements 01110 Summary of Work 01117 Pre-Selected Equipment 01201 Internet Based Construction Management 01290 Payment Procedures 01310 Project Management and Coordination 01311 Project Coordination 01316 Forms 01321 Construction Progress Schedule 01323 Photographic Documentation 01330 Submittals 01350 Special Procedures (Sequence of Construction) 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Controls 01700 Execution and Closeout Requirements 01750 Starting and Adjusting 01782 Operation and Maintenance Data Division 02 Site Construction 02085 Valve Boxes, Meter Boxes, and Meter Vaults 02221 Selective Demolition 02240 Dewatering 02260 Trench Excavation Safety Protection System 02300 Earthwork Materials 02320 Trenching, Backfilling, and Compacting 02675 Disinfection of Potable Water Piping and Tanks 02764 Pavement, Joint Sealants 02910 Hydromulch Seeding and Sodding 02960 Landscape Grading Division 03 Concrete 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03410 Concrete, Plant-Precast Structural Division 04 Masonry (Not Used) Division 05 Metals 05501 Anchor Bolts, Expansion Anchors and Concrete Inserts Item 18 OCTOBER 2016 00011 Page 2 of 2 TABLE OF CONTENTS Division 06 Wood, Plastics, and Composites (Not Used) Division 07 Thermal and Moisture Protection (Not Used) Division 08 Doors and Windows (Not Used) Division 09 Finishes 09910 Painting and Protective Coatings Division 10 Specialties 10952 Identification, Stenciling, and Tagging Division 11 Equipment 11010 Installation of Pre-Selected Equipment Division 12 Furnishings (Not Used) Division 13 Special Construction (Not Used) Division 14 Conveying Systems (Not Used) Division 15 Mechanical 15001 General Requirements for Plant and Station Piping Systems 15002 Field Testing of Piping Systems 15010 Basic Mechanical Requirements 15020 Piping System, Ductile Iron Pipe 15080 Pipe Couplings and Expansion Joints 15101 Valves, Gate 15115 Combination Pressure Reducing and Pressure Sustaining Valve with Strainer Division 16 Electrical (Not Used) Division 17 Instrumentation and Controls (Not Used) APPENDIX A Preselected Equipment Proposal END OF SECTION Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 1 DIVISION 0- PROCUREMENT AND CONTRACTING REQUIREMENTS Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 2 DIVISION 0- TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1  LEGAL NOTICE .............................................................................................................. 3  INSTRUCTIONS TO BIDDERS ...................................................................................... 4  BID PROPOSAL FORM .................................................................................................. 5  BID BOND ..................................................................................................................... 10  OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 12  CONSTRUCTION AGREEMENT .................................................................................. 13  PERFORMANCE BOND ............................................................................................... 27  PAYMENT BOND.......................................................................................................... 30  MAINTENANCE BOND ................................................................................................. 33  GENERAL CONDITIONS .............................................................................................. 36  SPECIAL CONDITIONS ................................................................................................ 53  Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 3 LEGAL NOTICE The Town of Prosper is accepting sealed bids for Bid No. 2017-05-B BNSF Pressure Reducing Valve Project (1508-WA). Bids will be accepted until 2:00 P.M. on October 14, 2016 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of a pressure reducing valve vault, valve, and necessary appurtenances, testing of improvements, and restoration of all disturbed areas. The Project location is: SW corner of W. Prosper Trail and Coleman in the Town of Prosper and adjacent to BNSF Railroad. Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%) of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish performance and payment bonds in the amount of 100% of the contract amount as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 10% of the contract sum covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper, 121 W. Broadway, Prosper, TX 75708, 927-569-1018 without charge. These documents may be acquired from that office for the non-refundable purchase price of $10 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, October 7, 2016 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 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 4 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Friday, October 14, 2016. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and Bid No. 2017-05-B, BNSF Pressure Reducing Valve Project (1508-WA). 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge or obtained for the non-refundable purchase price of $10 per set at the following location: Town of Prosper 121 West Broadway Prosper Texas 75078 972-347-9969 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 October 7, 2016 at 12:00 PM will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-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 North Texas Contracting, Inc., a Texas corporation (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2017-05-B BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 14 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed One Hundred Eight Thousand Three Hundred Eighty-Four Dollars and no cents ($108,384.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 60 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) Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 15 TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB- CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. 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. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 16 In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: BID NO. 2017-05-B BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) Town of Prosper Attn: Purchasing Agent 121 W. Broadway P.O. Box 307 Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 17 (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 18 workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 19 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 20 (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for performance and payment bonds applicable to the work in the amount of the total bid price. The Contractor shall also procure and pay for a maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 21 H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 22 b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 23 Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 24 vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 25 evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 26 NORTH TEXAS CONTRACTING, INC. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: TOWN MANAGER Date: Date: Address: 4999 Keller Haslet Rd. Keller, Texas 76244 Phone: (817) 430-9500 Fax: (817) 430-9207 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 27 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: BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B 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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 28 damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in six 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 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 29 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 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 30 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ 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: BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B 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 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 31 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 six 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 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 32 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 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 33 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (ten percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ day of ________________________, 20____, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B 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; Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 34 otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in six 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 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 35 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 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 36 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 37 WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 38 and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 39 The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 40 (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 41 (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 42 terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 43 property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 44 (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 45 persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the 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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 46 materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 47 these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 48 the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in-place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. The 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; Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 49 (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 50 Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 51 performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR 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 Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 52 shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 53 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. SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) 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: Ross Standifer, P.E, Alan Plummer Associates, Inc., or his designee. Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 54 TECHNICAL SPECIFICATIONS Technical Specifications: Division 01 General Requirements 01110 Summary of Work 01117 Pre-Selected Equipment 01201 Internet Based Construction Management 01290 Payment Procedures 01310 Project Management and Coordination 01311 Project Coordination 01316 Forms 01321 Construction Progress Schedule 01323 Photographic Documentation 01330 Submittals 01350 Special Procedures (Sequence of Construction) 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Controls 01700 Execution and Closeout Requirements 01750 Starting and Adjusting 01782 Operation and Maintenance Data Division 02 Site Construction 02085 Valve Boxes, Meter Boxes, and Meter Vaults 02221 Selective Demolition 02240 Dewatering 02260 Trench Excavation Safety Protection System 02300 Earthwork Materials 02320 Trenching, Backfilling, and Compacting 02675 Disinfection of Potable Water Piping and Tanks 02764 Pavement, Joint Sealants 02910 Hydromulch Seeding and Sodding 02960 Landscape Grading Division 03 Concrete 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03410 Concrete, Plant-Precast Structural Division 05 Metals 05501 Anchor Bolts, Expansion Anchors and Concrete Inserts Division 09 Finishes 09910 Painting and Protective Coatings Division 10 Specialties 10952 Identification, Stenciling, and Tagging Item 18 BNSF PRESSURE REDUCING VALVE PROJECT (1508-WA) BID NO. 2017-05-B PAGE 55 Division 11 Equipment 11010 Installation of Pre-Selected Equipment Division 15 Mechanical 15001 General Requirements for Plant and Station Piping Systems 15002 Field Testing of Piping Systems 15010 Basic Mechanical Requirements 15020 Piping System, Ductile Iron Pipe 15080 Pipe Couplings and Expansion Joints 15101 Valves, Gate 15115 Combination Pressure Reducing and Pressure Sustaining Valve with Strainer Item 18 1850-001-01 OCTOBER 2016 01110 Page 1 of 2 SUMMARY OF WORK SECTION 01110 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the project completely operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete project. 3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation and all other work required for a complete and operable project. 4. Test and place the completed project in operation. 5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in Contract Documents for the operation and maintenance of the Project. 6. Install Owner provided products and place in operation. 7. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. 1.02 JOB CONDITIONS A. The General Conditions, the Special Conditions, and General Requirements apply to each specification sections. B. Comply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. 1.03 DESCRIPTION OF WORK A. Work is described in general, non-inclusive terms as: 1. Isolate and shutdown existing waterline to allow construction of improvements. 2. Install ductile iron piping, fittings, and gate valves as shown in the plans. 3. Install pressure reducing valve and precast junction box. 4. Hydrostatic test and disinfect the pipeline and all appurtenances. 5. Restore all areas disturbed by construction. B. At a minimum, all of the work described in Part 1.03.A must be complete in order for the project to reach Substantial Completion. 1.04 WORK UNDER OTHER CONTRACTS A. The following items of work are not included in this contract, but may impact construction scheduling, testing, and start up: 1. The Owner is aware of no other projects in the vicinity of this work. In the case of a disagreement between the above list and those specified elsewhere in the Contract Documents, the Contractor is to base his bid on the most expensive listing. B. Completion of the work described in this contract may impact the construction and testing of the items listed above. Item 18 1850-001-01 OCTOBER 2016 01110 Page 2 of 2 SUMMARY OF WORK 1.05 WORK BY OWNER A. Owner will provide normal operation and maintenance of the existing facilities during construction, unless otherwise stated. 1.06 OWNER-SELECTED PRODUCTS (NOT USED) 1.07 OWNER-PROVIDED PRODUCTS (NOT USED) 1.08 CONSTRUCTION OF UTILITIES A. Existing utilities will be used for this project. Coordinate with others performing work connected to this project. 1.09 OCCUPANCY A. As soon as any portion of the structure and equipment are ready for use, the Owner shall have the right to operate the portion upon written notice to the Contractor. B. Testing of equipment and appurtenances including specified test periods, training, and start-up does not constitute acceptance for operation. C. Owner may accept the facility for continued use after start-up and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved Operation and Maintenance procedures. D. The execution of bonds is understood to indicate the consent of the surety to these provisions. E. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction. F. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS 2.1 PRE-SELECTED EQUIPMENT A. CONTRACTOR shall furnish and install the equipment previously pre-selected by the OWNER. The Pre-Selected Equipment proposal(s) received by the OWNER are included in Appendix A of the Contract Documents. B. CONTRACTOR shall provide the pre-selected equipment and furnish all labor, tools, equipment and machinery necessary to receive, inspect, unload, protect and install completely, in proper operating condition, the equipment pre-selected by the OWNER. C. When the service of a manufacturer's representative is required to assist in installation and start-up of the equipment, the CONTRACTOR shall arrange for such and advise the OWNER as to the schedule. D. When the service of a manufacturer’s representative is required to provide training of the OWNER’S personnel, schedule the training with the OWNER. E. Install equipment in accordance with Division 1 Section 01117 “Pre-Selected Equipment”, Division 11 Section 11010 “Installation of Pre-Selected Equipment”, and in accordance with the manufacturer’s recommendations and as shown on the Drawings. 3.00 EXECUTION (NOT USED) END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01117 Page 1 of 2 PRE-SELECTED EQUIPMENT SECTION 01117 PRE-SELECTED EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. The OWNER has previously requested equipment proposals from equipment manufacturers and selected the Supplier(s) listed in Table 1 to provide the equipment. The proposal(s) for the preselected equipment listed in Table 1 will be assigned to the CONTRACTOR for their purchase. Table 1 – Preselected Equipment Section Number Section Title Supplier Remarks 15115 PRESSURE REDUCING VALVE CLA-VAL B. The CONTRACTOR shall be responsible for all aspects of the preselected equipment as if bid directly to the CONTRACTOR, including placement of purchase orders; the delivery, handling, and storage; payment for the equipment; the installation; arranging for the manufacturer’s representative; equipment testing, performance testing, functional testing, and startup; and for the training of the OWNER’S personnel. C. CONTRACTOR shall provide the required piping and wiring connections, foundations, supports, work platforms, and related Work required for equipment installation to provide a complete operating and functional system. D. Attachments: Following items are included: 1. Appendix A: Proposals for the preselected equipment. 1.3 PERFORMANCE REQUIREMENTS A. The CONTRACTOR shall arrange with the Supplier to provide a manufacturer’s representative to accomplish the work in accordance with Division 15 Section 15115. B. The CONTRACTOR shall arrange for and schedule the manufacturer’s representative for equipment testing, startup, and performance testing in accordance with Division 1 Section 01750 “Starting and Adjusting.” C. The CONTRACTOR shall demonstration compliance of the equipment performance and operation and provides training of the OWNER’S personnel in accordance with Division 15 Section 15115. 1.4 SUBMITTALS A. Submittals for the pre-selected equipment will be received within 10 days of the bid date. Two copies of approved submittals will be provided to CONTRACTOR when available after the Contract is awarded. B. Transmittal of the installation drawings, manufacturer’s instructions, the Operation and Maintenance Manual, and related documentation shall be the responsibility of the CONTRACTOR for coordination and handling. Item 18 1850-001-01 OCTOBER 2016 01117 Page 2 of 2 PRE-SELECTED EQUIPMENT 1.5 DELIVERY, STORAGE, AND HANDLING A. The CONTRACTOR shall be responsible for scheduling the delivery; unloading, storage, and handling at the Project site in accordance with the manufacturer’s requirements. 1.6 WARRANTY A. Special Warranty: Manufacturer's form in which manufacturer agrees to repair or replace components of the system(s) that fails in materials or workmanship within specified warranty period. 1.7 PAYMENT A. The CONTRACTOR shall be responsible for all payments due the Manufacturer and these amounts shall be included in the Total Contract Amount. Refer to the Contract Documents for the preselected equipment for additional information. The OWNER will make payments to the CONTRACTOR and by the CONTRACTOR to the Supplier of the equipment. PART 2 - PRODUCTS 2.1 PRESELECTED EQUIPMENT A. Equipment shall be as described in the Equipment Preselection Specifications. The CONTRACTOR shall be responsible for the equipment installation including foundations, supports, external piping and wiring connections, work platforms, and related Work for a functional and operational system. B. Refer to Appendix A and B, and Drawings for general information regarding the equipment. Specific information will be provided in the equipment submittals. PART 3 - EXECUTION 3.1 INSTALLATION A. Install equipment in accordance as shown on the Drawings, Division 11 Section 11010 “Installation of Pre-Selected Equipment,” and in accordance with the manufacturer’s instructions. The CONTRACTOR shall coordinate with the Supplier for required installation, inspection, testing, and startup assistance. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01201 Page 1 of 2 INTERNET-BASED CONSTRUCTION MANAGEMENT SECTION 01201 INTERNET-BASED CONSTRUCTION MANAGEMENT PART 1 - GENERAL 1.1 SUMMARY A. The ENGINEER will subscribe to an Internet-based construction management system specific to this project. B. The project website will provide adequate (minimum 1 GB) server space and secured access to staff members representing the OWNER, ENGINEER, and CONTRACTOR. Each user will have a separate log-in name and password to access the website. C. Contract management related documents will be submitted, tracked, responded to, and made available to the OWNER, ENGINEER, and CONTRACTOR over the Internet. 1.2 REQUIREMENTS A. The CONTRACTOR will be required to make all submittals in electronic format, unless additional hard copies are requested. The required format will be discussed at the pre- construction meeting. The contractor shall also submit 2 hard copies of each shop drawing, O&M Manual, and equipment test report for the ENGINEER’s review. The software product to be chosen will support multiple file formats and provide viewing and markup capability. See potential software products in “Part 2 - Products” below. B. The website includes a secured document management system for storing and making available to the project team the following: 1. Ability to store files and correspondence. 2. Latest drawings and specifications. 3. Project progress photos. C. The website will include the following database driven applications. The system is designed to inform team members regarding new or updated documents and automatic task assignment and overdue notifications. The following items shall be entered, submitted, tracked, and responded to on-line. 1. Meeting Minutes 2. Supplemental Instructions 3. Field Reports 4. RFIs (Requests For Information) 5. Shop Drawings/Submittals 6. PCMs (Proposed Contract Modifications) 7. Change Orders 8. Field Orders 9. Contractor’s Daily Reports 10. Contractor’s Storm Water Pollution Prevention Inspections 11. Applications for Payment with Schedule of Values, Payment Forecast Schedules 12. Construction Schedule 13. Contract Modification Request 1.3 ARCHIVES A. ENGINEER’s chosen web based project management application is capable of archiving all files on the website periodically. B. All data from the website, such as RFIs, Submittals, etc. will be available in the archive. Item 18 1850-001-01 OCTOBER 2016 01201 Page 2 of 2 INTERNET-BASED CONSTRUCTION MANAGEMENT PART 2 - PRODUCTS A. General information on the software product to be used can be obtained by looking at the following website: Projectmates By Systemates, Inc., Dallas, Texas http://www.projectmates.com E-mail: info@projectmates.com Phone: 214-217-4100 B. The specific site used by the ENGINEER and administered by Systemates, Inc., is located at the following website: www.projectmates.com PART 3 - EXECUTION A. TRAINING: One training session by the vendor to the team members at the beginning of the project will be provided. Additional training expenses will be borne by the CONTRACTOR. B. SUPPORT: Software support will be available by the software vendor to all users of the project. C. OPERATION: CONTRACTOR shall maintain a PC system on the jobsite including high- speed access to the Internet and ability to scan documents. D. DURATION: The website will be active during construction and a minimum of 3 months past final completion. The OWNER will have the option to continue use of the website after completion of the project. E. ARCHIVES: All files on the website will be archived every quarter and at the end of the project. These archives will be made available to the CONTRACTOR for download over the Internet. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01290 Page 1 of 4 PAYMENT PROCEDURES SECTION 01290 PAYMENT PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Payments for Work shall conform to the provisions of the General Conditions, the Special Conditions, the Agreement, and this Section. B. Submit Applications for Payment at the prices indicated in the Agreement 1. Prices for each item in the Agreement shall include but are not be limited to cost for: a. Cleanup, bonds, and insurance, b. Professional services including but not limited to engineering and legal fees, c. The products to be permanently incorporated into the project, d. The products consumed during the construction of the project, e. The labor and supervision to complete the project, f. The equipment, including tools, machinery, and appliances required to complete the project, g. The field and home office administration and overhead costs related directly or indirectly to the project, and h. Any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures; removal and replacement of any poles, conduits, pipelines, fences, appurtenances and connections, cleaning up, overhead expense, bond, public liability and compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified. 2. Provide work not specifically set forth as an individual payment item but required to provide a complete and functional system. These items are a subsidiary obligation of the Contractor and are to be included in the Contract Price. 3. Payment will be made for materials on hand. a. Store materials properly on site per Section 01310, PROJECT MANAGEMENT AND COORDINATION. 1) Payment will be made for the invoice amount less the specified retainage. 2) Provide invoices at the time materials are included on the materials-on-hand tabulation. b. Provide documentation of payment for materials-on-hand with the next payment request. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the materials on hand tabulation if this documentation is not provided so payment will not be made. c. Payment for materials-on-hand is provided for the convenience of the Contractor and does not constitute acceptance of the product. 4. Partial payment will be made for undelivered, project specific manufactured or fabricated equipment identified in Paragraph 1.02 of this Section. 5. The work covered by progress payments becomes the property of the Owner at the time of payment. 1.02 SCHEDULE OF VALUES AND PAYMENTS A. Submit a detailed Schedule of Values for the Work to be performed on the project. 1. Submit schedule within 10 days prior to submitting the first Application for Payment. 2. Line items in the Agreement are to be used as line items in the schedule. 3. Payment will be made on the quantity of Work completed per Contract Documents during the payment period and as measured per this Section. a. Payment amount is the Work quantity measured multiplied by the unit prices for that line item in the Agreement. Item 18 1850-001-01 OCTOBER 2016 01290 Page 2 of 4 PAYMENT PROCEDURES b. Payment on a unit price basis will not be made for work outside finished dimensions shown in the Contract Documents. c. Partial payments will be made for lump sum line items in the Agreement. 1) Lump sum line items in the Agreement are to be divided into smaller unit prices to allow more accurate determination of the percentage of the item that has been completed. a) Provide adequate detail to allow more accurate determination of the percentage of work completed for each item. b) Provide prices for items that do not exceed $50,000.00. An exception may be made for equipment packages that cannot be subdivided into units or subassemblies. c) Separate product costs and installation costs. 1. Product costs include cost for product, delivery and unloading costs, royalties and patent fees, taxes, and other cost paid directly to the Subcontractor or Supplier. 2. Installation costs include cost for the supervision, labor and equipment for field fabrication, erection, installation, start-up, initial operation and Contractor's overhead and profit. For equipment or systems that exceed $50,000 the costs reported for startup activation shall not be less than 10 percent of the total item cost. d) Lump sum items may be divided into an estimated number of units. 1. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. 2. Contractor will receive payment for all of the lump sum line item. e) Include a directly proportional amount of Contractor's overhead and profit for each line item. f) Divide principal subcontract amounts into an adequate number of line items to allow determination of the percentage of work completed for each item. 2) These line items may be used to establish the value of work to be added or deleted from the project. 3) Correlate line items with other administrative schedules and forms: a) Progress schedule, b) List of Subcontractors, c) Schedule of allowances, d) Schedule of alternatives, e) List of products and principal Suppliers, and f) Schedule of Submittals 4) Costs for mobilization shall be listed as a separate line item and shall be actual cost for: a) Bonds and insurance, b) Transportation and setup for equipment, c) Transportation and/or erection of all field offices, sheds and storage facilities, d) Salaries for preparation of submittals required before the first Application for Payment, e) Salaries for field personnel assigned to the project related to the mobilization of the project, Mobilization may not exceed 3 percent of the total contract amount. Cost for mobilization may be submitted only for work completed 5) The sum of all values listed in the schedule must equal the total contract amount. 4. Submit a schedule indicating the anticipated schedule of payments to be made by the Owner. Schedule shall indicate: a. The Application for Payment number, b. Date the request is to be submitted, and c. Anticipated amount of payment to be requested. 5. Update the Schedule of Values quarterly or more often if necessary to provide a reasonably accurate indication of the funds that the Owner will need to have available to make payment to the Contractor for the Work performed. Item 18 1850-001-01 OCTOBER 2016 01290 Page 3 of 4 PAYMENT PROCEDURES B. Provide written approval of the Schedule of Values, Application for Payment form, and method of payment by the Surety Company providing performance, and payment bonds prior to submitting the first Application for Payment. Payment will not be made without this approval. 1.03 PAYMENT PROCEDURES A. Submit Applications for Payment per the procedures indicated in Section 01330, SUBMITTALS. Submit a Schedule of Values in the Application for Payment format to be used. B. Applications for Payment may be submitted on a pre-printed form as indicated in 01316 FORMS or may be generated by computer. Computer generated payment requests must have the same format and information indicated in the pre-printed form and be approved by the Engineer. a. Indicate the total contract amount and the work completed to date on the Tabulation of Values for Original Contract Performed (Attachment "A".) b. Include only approved Change Order items in the Tabulation of Extra Work on Approved Change Orders (Attachment "B".) c. List all materials on hand that are presented for payment on the Tabulation of Materials on Hand (Attachment "C".) Once an item has been entered on the tabulation it is not to be removed. d. Include the Project Summary Report (Attachment "D") with each Application for Payment. Data included in the Project Summary Report are to be taken from the other tabulations. Include a completed summary as indicated in with each Applications for Payment submitted. 1) Number each application sequentially and indicate the payment period. 2) Show the total amounts for value of original contract performed, extra work on approved Change Orders, and materials on hand on the Project Summary Report. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3) Note the number of pages in tabulations in the blank space on the Project Summary Report to allow a determination that all sheets have been submitted. 4) Execute Contractor's certification by the Contractor's agent of authority and notarize for each Application for Payment. 5. Do not alter the schedule of values and the form for the submission of requests without the written approval of the Engineer once these have been approved by the Engineer. 6. Final payment requires additional procedures and documentation per Section 01700, EXECUTION AND CLOSEOUT REQUIREMENTS. C. Progress payments shall be made as the work progresses on a monthly basis. 1. End the payment period on the day indicated in the Agreement and submit an Application for Payment for Work completed and materials received since the end of the last payment period. 2. At the end of the payment period, submit a draft copy of the Application for Payment for that month to the Engineer. Agreement is to be reached on: a) The percentage of work completed for each lump sum item, b) The quantity of work completed for each unit price item, c) The percentage of work completed for each approved Change Order item, and d) The amount of materials on hand. 3. On the basis of these agreements the Contractor is to prepare a final copy of the Application for Payment and submit it to the Engineer for approval. 4. The Engineer will review the payment request and if appropriate will recommend payment of the request to the Owner. D. Partial payment for undelivered project-specific manufactured or fabricated equipment. 1. Notwithstanding above provisions, partial payments for undelivered ( not yet delivered to Site or not stored in the vicinity of Site) products specifically manufactured for this Item 18 1850-001-01 OCTOBER 2016 01290 Page 4 of 4 PAYMENT PROCEDURES Project, excluding off the shelf or catalog items, will be made for products listed in Paragraph 2 below when all following conditions exist: a) Partial payment request is supported by written acknowledgment from Suppliers that invoice requirements have been met. b) Equipment is adequately insured, maintained, stored, and protected by appropriate security measures. c) Each equipment item is clearly marked and segregated from other items to permit inventory and accountability. d) Authorization has been provided for access to storage Site for Engineer and Owner. e) Equipment meets applicable Specifications of these Contract Documents. 2. Payment of 15 percent of manufacturer’s quoted price for undelivered, Project-specific manufactured equipment will be made following Shop Drawing approval. Thereafter, monthly payments will be made based on progress of fabrication as determined by Engineer, but in no case will total of payments prior to delivery exceed 50 percent of manufacturer’s quoted price. 3. Failure of Contractor to continue compliance with above requirements shall give cause for Owner to withhold payments made for such equipment from future partial payments E. Provide a revised and up-to-date progress schedule per Section 01321 CONSTRUCTION PROGRESS SCHEDULES with each Application for Payment. F. Provide project photographs per Section 01323, PHOTOGRAPHIC DOCUMENTATION with each Application for Payment. 1.04 MEASUREMENT PROCEDURES A. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number and weight, unless otherwise specifically provided. No extra or customary measurements of any kind will be allowed. 1.05 BASIS OF PAYMENT A. Base Bid – Description of Base Bid Items 1. Item No. 1 – Lump Sum. This item is for purchasing and providing pre-selected pressure reducing valve model no. 92-01BPVYKC manufactured by Cla-Val, and for purchasing and providing pre-selected strainer model no. X43H manufactured by Cla-Val. 2. Item No. 2 – Lump Sum. This item is for demolishing and removing the 12-inch PVC pipe and concrete sidewalk and installing ductile iron pipe, isolation valves, pre-selected pressure reducing valve, pre-selected strainer, pipe supports, pressure reducing valve vault as shown in the plans and described in the specifications. This item also includes traffic control plan, trench safety and shoring excavation protection and disinfection and testing of potable water pipeline. 3. Item No. 3 – Lump Sum. This item is for shutting down and demolishing the existing waterline as required to construct improvements as shown in the plans and described in the specifications. This item also includes concrete thrust blocking and all materials required to make connection. 4. Item No. 4 – Cubic Yard. This item is for three additional cubic yards of controlled low strength material as required and approved by the owner to construct improvements as shown in the plans and described in the specifications. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01310 Page 1 of 12 PROJECT MANAGEMENT AND COORDINATION SECTION 01310 PROJECT MANAGEMENT AND COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish equipment, manpower, products, and other items necessary to complete the Project with an acceptable standard of quality and within the Contract Time. Construct Project in accordance with current safety practices. B. Manage Site to allow access to Site and control construction operations. C. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. D. Remove temporary controls at the end of the Project. 1.02 QUALITY ASSURANCE A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents as determined by the Construction Manager. B. Remove defective Work from the Site immediately unless provisions have been made and approved by the Construction Manager to allow repair of the product at the Site. Clearly mark the Work as "defective" until it is removed or allowable repairs have been completed. 1.03 SUBMITTALS A. Provide submittals in accordance with Section 01330, SUBMITTALS: 1. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. Maintain one copy of these documents at the Site until the Project is complete. Incorporate this information into submittals. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings. 1.04 STANDARDS A. Perform Work to comply with local, State and Federal ordinances and regulations. 1.05 PERMITS A. Obtain and pay for construction permits and licenses for highway and railroad crossings and other permits. B. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license, including additional insurance requirements. C. Obtain and pay for all other necessary permits including any and all necessary highway, street and road permits for transporting pipe and/or heavy equipment necessary for construction of the Project. D. Obtain and pay for other permits necessary to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. Item 18 1850-001-01 OCTOBER 2016 01310 Page 2 of 12 PROJECT MANAGEMENT AND COORDINATION 1.06 COORDINATION A. Coordinate the Work of various trades having interdependent responsibilities for installing, connecting to, and placing equipment in service. B. Coordinate requests for substitutions to provide compatibility of space, operating elements, effect on the Work of other trades, and on the Work scheduled for early completion. C. Coordinate the use of Project space and the sequence of installation of equipment, walks, mechanical, electrical, plumbing, or other Work that is indicated diagrammatically on the Drawings. 1. Follow routings shown for tubes, pipes, ducts, conduits, and other items as closely as practical, with due allowance for available physical space. 2. Utilize space efficiently to maximize accessibility for Owner's maintenance and repairs. 3. Schematics are diagrammatic in nature. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades. Document changes in the indicated routings on the Record Drawings. D. Conceal ducts, pipes, wiring, and other non-finish items within construction in finished areas, except as otherwise shown. Coordinate locations of concealed items with finish elements. E. Where installation of one part of the Work is dependent on installation of other components, either before or after its own installation, schedule construction activities in sequence required to obtain best results. F. Make adequate provisions to accommodate items scheduled for later installation, including: 1. Accepted alternates, 2. Installation of products purchased with allowances, 3. Work by others, and 4. Owner-supplied, Contractor-installed items. G. Sequence, coordinate, and integrate the various elements of mechanical, electrical, and other systems, materials, and equipment. Comply with the following requirements: 1. Coordinate mechanical and electrical systems, equipment, and materials installation with other components. 2. Verify all dimensions by field measurements. 3. Arrange for chases, slots, and openings during progress of construction. 4. Coordinate the installation of required supporting devices and sleeves to be set in poured-in-place concrete and other structural components as they are constructed. 5. Install systems, materials, and equipment as permitted by codes to provide the maximum headroom possible where mounting heights are not detailed or dimensioned. 6. Coordinate the connection of systems with exterior underground and overhead utilities and services. Comply with the requirements of governing regulations, franchised service companies, and controlling agencies. Provide required connection for each service. 7. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to the greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Adjust routing of piping, ductwork, utilities, and location of equipment as needed to resolve spatial conflicts between the various trades at no additional cost. Document changes in the indicated routings on the Record Drawings. 8. Install systems, materials, and equipment level and plumb, parallel and perpendicular to structure’s surfaces. 9. Install systems, materials, and equipment to facilitate servicing, maintenance, and repair or replacement of components. As much as practical, connect for ease of disconnecting, with minimum of interference with other installations. Extend grease fittings to accessible locations. 10. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope. Item 18 1850-001-01 OCTOBER 2016 01310 Page 3 of 12 PROJECT MANAGEMENT AND COORDINATION 1.07 SAFETY REQUIREMENTS A. Assume sole responsibility for safety at the Site. Protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide and maintain barricades, guard rails, covered walkways, and other protective devices to warn and protect from hazards at the Site. C. Comply with latest provisions of the Occupational Health and Safety Administrations and other regulatory agencies in performing Work. D. Cooperate with accident investigations related to the Site. Provide two copies of all reports prepared concerning accidents, injury, or death on the Site to the Engineer as Record Data per Section 01330, SUBMITTALS. 1.08 CONTRACTOR'S USE OF SITE A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the Construction Manager. Coordinate the use of the premises with the Construction Manager. B. Repair or correct any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures as discussed in paragraph 1.21 POLLUTION CONTROL. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner's property, rights-of-way, or easements. G. Do not allow the use of loud radios, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped or soiled clothing to be worn on the project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons permanently and immediately from the Site. 1.09 POINTS OF ACCESS TO THE SITE A. Restrict entry into Site to points where the easements cross state and county roads and highways or other publicly owned roads and streets. Keep operations within the easement. B. Use State, County, or City roadways for construction traffic only with written approval of the appropriate representatives of each entity. State, County, or City roadways may not all be approved for construction traffic. Obtain written approval to use State, County, City or private roads to deliver pipe and/or heavy equipment to the Site. Copies of the written approvals must be furnished to the Owner as Record Data before Work begins. No additional compensation will be paid because the Contractor is unable to gain access to the easement from public roadways. Item 18 1850-001-01 OCTOBER 2016 01310 Page 4 of 12 PROJECT MANAGEMENT AND COORDINATION C. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe temporary walks or other structures to allow access for normal operations during construction. D. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. E. Provide security at the construction Site as necessary to protect against vandalism and loss by theft. F. Maintain security of the Site and access leading to it. 1. Close gates and keep locked. 2. Obtain permission of any landowners whose property must be crossed in gaining access to the Site. 3. Install a gate lock consisting of a chain with two locks. Give one lock and key to the landowner. Use one lock for the Contractor, Construction Manager and Owner. Provide keys to the Contractor's lock to Owner and Construction Manager. 4. At the end of the Project, remove the Contractor's lock from the assembly. 1.10 PROPERTY PROVISIONS A. Make adequate provisions to maintain the flow of storm sewers, drains and water courses encountered during the construction. Restore structures which may have been disturbed during construction to their original position as soon as construction in the area is completed. B. Protect trees, fences, signs, poles, guy wires, and all other property unless their removal is authorized. Restore any property damaged to equal or better condition per Paragraph 1.11 of this Section. C. Provide temporary fencing, with gates, to restrain livestock in areas where livestock are pastured unless the Contractor makes satisfactory arrangements with the property owner and/or tenant. Install temporary fence on the easement lines and removed after the trench has been backfilled. Pay damages for losses resulting from failure to maintain such barriers or failure of barriers to exclude livestock. Install temporary fencing on any tract in order to contain construction activities within easement limits if directed by the Owner. 1.11 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. The Drawings show existing piping, valves, manholes, electrical conduits, utility poles, and other facilities based on information from available records. Examine the Site and review the available information concerning the Site. 1. Verify the type, size and location of all existing piping, valves, electrical conduit, telephone cable, and other utilities in the construction area prior to preparation of pipe shop drawings. Advise the Construction Manager of any utilities not shown or incorrectly shown. 2. Verify the type size and location of streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report discrepancies between these elevation and elevations shown on the Drawings to the Construction Manager before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per Section 01350, SPECIAL PROCEDURES. Coordinate Work with Construction Manager, local utility company and others. Include cost of demolition and replacement, restoration or relocation of these structures in the Contract Price. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damage to items to be protected to the satisfaction of the Construction Manager utility owner or governing city without additional compensation from the Owner. Item 18 1850-001-01 OCTOBER 2016 01310 Page 5 of 12 PROJECT MANAGEMENT AND COORDINATION D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless show in the Contract Documents or approved by the Construction Manager. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines or other obstructions. Include the cost of relocation of existing utilities in the Contract Price. E. Protect existing trees and landscaping at the Site. 1. Visit Site with Engineer to identify trees that may be removed during construction. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 1.12 DISRUPTION TO SERVICES / CONTINUED OPERATIONS A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Disruptions to existing utilities, piping, process piping, or electrical services shall be kept to a minimum. 1. Do not restrict access to critical valves, operators, or electrical panels. 2. Do not store material or products inside structures. 3. Limit operations to the minimum amount of space needed to complete the specified Work. 4. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action in accordance with Section 01350, SPECIAL PROCEDURES if facilities must be taken out of operation. 1.13 CLEARING AND GRUBBING A. Perform all clearing and grubbing necessary for the construction operations within the pipeline easements. Keep clearing of easements to within 2,000 feet of the pipe laying operation or as directed by Owner or indicated on the Drawings. B. Avoid damage to existing trees outside the permanent easement that are larger than three inches in diameter (measured four feet above the ground). Protect trees per paragraph 1.11 of this section. Obtain approval from the Construction Manager before removing or trimming any tree larger than three inches in diameter located outside the permanent easement. C. Remove and dispose of trees, branches, limbs, and roots leaving the right-of-way in a neat and presentable condition. Perform clearing and grubbing without injury or damage to adjacent property. Maintain the blade of equipment used for clearing and grubbing slightly above the ground surface to protect grass roots. D. Remove all trees, stumps, slashing, brush or other debris removed from the Site before beginning construction. Select locations for dumping, acquire required permits and properly dispose of excess material. Do not allow burning without written approval of Construction Manager. 1.14 FIELD MEASUREMENTS A. Perform complete field measurements for products required to fit existing conditions prior to purchasing products or beginning construction. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Verify pipe class, equipment capacities, existing electrical systems and power sources for existing conditions. Item 18 1850-001-01 OCTOBER 2016 01310 Page 6 of 12 PROJECT MANAGEMENT AND COORDINATION D. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. E. Include field measurements in record drawings as required in Section 01311, PROJECT COORDINATION. 1.15 REFERENCE DATA AND CONTROL POINTS A. The Construction Manager will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. 3. Designated control points may be on an existing structure or monument. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Do not change or relocate points without prior approval of the Construction Manager. Notify Construction Manager when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record data and measurements per standards. 1.16 CHANGE OF PIPELINE LOCATION A. The alignment of the pipeline is shown on the Drawings, and no change is contemplated. It may be necessary to change the alignment due to utility conflicts, unanticipated variations in existing conditions, or for any other reason prior to the time pipe is actually installed. B. No additional compensation will be paid to the Contractor except as provided by unit prices, unless excessive cost is incurred that is directly applicable to such changes and this cost is documented in accordance with the General / Supplemental Conditions. No compensation will be paid for specials, field cuts, field welds, or other incurred cost resulting from failure to locate existing utilities prior to manufacture of pipe. 1.17 DELIVERY AND STORAGE A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store until used. Leave products in packages or other containers until installed. C. Deliver products that are too large to fit through openings to the Site in advance of the time enclosing walls and roofs are erected. Set in place, raised above floor on cribs. D. Assume full responsibility for the protection and safekeeping of products stored at the Site. E. Store products at locations acceptable to the Engineer and to allow Owner access to maintain and operate existing facilities. F. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. Arrange storage to allow access for maintenance of stored items and for inspection. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. G. Obtain and pay for the use of any additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Item 18 1850-001-01 OCTOBER 2016 01310 Page 7 of 12 PROJECT MANAGEMENT AND COORDINATION Provide temperature, humidity control and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. H. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct positions. I. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground; slope to provide drainage. Protect products from soiling or staining. 2. Cover products subject to dislocation or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. J. Protect and maintain mechanical and electrical equipment in storage. 1. Provide Supplier's service instructions on the exterior of the package. 2. Service equipment on a regular basis as recommended by the Supplier. Maintain a log of maintenance services. Submit the log as Record Data at the completion of the Project. 3. Provide power to and energize space heaters for all equipment for which these devices are provided. 4. Provide temporary enclosures for all electrical equipment, including electrical systems on mechanical devices. Provide and maintain heat in the enclosures until equipment is energized. K. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements. 2. Supplier's required environmental conditions are continually maintained. 3. Surfaces of products exposed to the elements are not adversely affected. L. Replace any stored item damaged by inadequate protection or environmental controls. M. Payment may be withheld for any products not properly stored. 1.18 BLASTING A. Blasting for excavations is not allowed. 1.19 ARCHAEOLOGICAL REQUIREMENTS A. Cease operations immediately and contact the Owner for instructions if an historical or archaeological find is made during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological Sites have been identified at the Site. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. C. Do not disturb Archaeological Sites. Item 18 1850-001-01 OCTOBER 2016 01310 Page 8 of 12 PROJECT MANAGEMENT AND COORDINATION 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit Archaeological Work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract time will be modified to compensate for delays caused by such archaeological finds. No additional compensation shall be paid for delays. 1.20 STORM WATER POLLUTION CONTROL A. Comply with the current requirements of TPDES General Permit No. TXR15000 (General Storm Water Permit) set forth by the Texas Commission on Environmental Quality for the duration of the Project: 1. Develop a Storm Water Pollution Prevention Plan meeting all requirements of the General Storm Water Permit. 2. Submit of a Notice of Intent to the Texas Commission on Environmental Quality. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the Texas Commission on Environmental Quality 5. Submit reports to the Texas Commission on Environmental Quality as required as a condition of the permit 6. Submit copies of the reports to the Construction Manager as Record Data in accordance with Section 01330 Submittals 7. Retain copies of these documents on site at all times for review and inspection by the Owner or regulatory agencies. Post a copy of the permit as required by regulations. 8. Pay all costs associated with complying with the provisions of the General Storm Water Permit. Assume solely responsible for implementing, updating, and modifying the General Storm Water Permit per regulatory requirements the Storm Water Pollution Prevention Plan and Best Management Practices. B. Use forms required by the Texas Commission on Environmental Quality to file the Notice of Intent. Submit the Notice of Intent at least two days prior to the start of construction. Develop the Storm Water Pollution Prevention Plan prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, Storm Water Pollution Prevention Plan, and any other pertinent Texas Commission on Environmental Quality submittal documents to Owner for review prior to submittal to the Texas Commission on Environmental Quality. C. Return any property disturbed by construction activities to either specified conditions or pre- construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the General Storm Water Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the General Storm Water Permit for three years from date of final completion. 1.21 POLLUTION CONTROL Item 18 1850-001-01 OCTOBER 2016 01310 Page 9 of 12 PROJECT MANAGEMENT AND COORDINATION A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-Site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off-Site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal Site. 4. Comply with local, State and Federal regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non-contained form or enter non-contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the Engineer. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.22 EARTH CONTROL A. Control stock pile material to eliminate interference with Contractor and Owner's operations. B. Dispose of excess earth off the Site. Pay cost for disposal unless otherwise noted. Provide written approval by the property owner for all disposals on private property, and approval by the Owner if such disposal affects the use of the easements. 1.23 MANAGEMENT OF WATER A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the Engineer and to match surrounding material at the conclusion of the Work. 1.24 CLEANING DURING CONSTRUCTION A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. Item 18 1850-001-01 OCTOBER 2016 01310 Page 10 of 12 PROJECT MANAGEMENT AND COORDINATION B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with codes, ordinances, regulations, and anti-pollution laws. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private dumping areas. 1.25 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicle during all phases of construction unless the Owner approves a street closing. Submit a written request for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. Do not close public roads overnight. B. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. C. Maintain road and driveway access to occupied buildings. Coordinate temporary closures or blockage with property owners, utilities, emergency service providers, Owner and Engineer. Property owners must be notified a minimum of two weeks or other time established by Owner prior to closure. Limit the time road or driveways are out of service to 24 hours. D. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD.) E. Assume responsibility for any damage resulting from construction along roads or drives. 1.26 CUTTING AND PATCHING A. Perform cutting, fitting, and patching required to complete the Work or to: 1. Uncover Work to provide for installation of new Work or the correction of defective Work. 2. Provide routine penetrations of non-structural surfaces for installation of mechanical, electrical, and plumbing Work. 3. Uncover Work that has been covered prior to observation by the Engineer. B. Submit written notification to the Engineer in advance of performing any cutting which affects: 1. Work of any other contractors or the Owner. 2. Structural integrity of any structure or system of the Project. 3. Integrity or effectiveness of weather exposed or moisture resistant structure or systems. 4. Efficiency, operational life, maintenance, or safety of any structure or system. 5. Appearance of any structure or surfaces exposed occasionally or constantly to view. C. The notification shall include: 1. Identification of the Project. 2. Location and description of affected Work. 3. Reason for cutting, alteration, or excavation. 4. Effect on the Work of any separate contractor or Owner. 5. Effect on the structural or weatherproof integrity of the Project. 6. Description of proposed Work, including: a. Scope of cutting, patching, or alteration. b. Trades that will perform the Work. c. Products proposed for use. d. Extent of refinishing to be performed. e. Cost proposal, when applicable. Item 18 1850-001-01 OCTOBER 2016 01310 Page 11 of 12 PROJECT MANAGEMENT AND COORDINATION 7. Alternatives to cutting and patching. 8. Written authorization from any separate contractor whose Work would be affected. 9. Date and time Work will be uncovered or altered. D. Examine the existing conditions, including structures subject to damage or to movement during cutting or patching. 1. Inspect conditions affecting installation of products or performance of the Work after uncovering the Work. 2. Provide a written report of unacceptable or questionable conditions to the Engineer. The Contractor shall not proceed with Work until Engineer has provided further instructions. Beginning Work will constitute acceptance of existing conditions by the Contractor. E. Protect the structure and other parts of the Work and provide adequate support to maintain the structural integrity of the affected portions of the Work. Provide devices and methods to protect adjacent Work and other portions of the Project from damage. Provide protection from the weather for portions of the Project that may be exposed by cutting and patching Work. F. Execute cutting and demolition by methods which will prevent damage to other Work, and will provide proper surfaces to receive installation of repairs. G. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances, and finishes. H. Cut, remove, and legally dispose of selected mechanical equipment, components, and materials as indicated, including but not limited to, the removal of mechanical piping, heating units, plumbing fixtures and trim, and other mechanical items made obsolete by the modified Work. I. Restore Work which has been cut or removed. Install new products to provide completed Work per the Contract Documents. J. Fit Work air-tight to pipes, sleeves, ducts, conduit, and other penetrations through the surfaces. Where fire rated separations are penetrated, fill the space around the pipe or insert with materials with physical characteristics equivalent to fire resistance requirements of penetrated surface. K. Patch finished surfaces and building components using new products specified for the original installation. L. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes: 1. For continuous surfaces, refinish to the nearest intersection. 2. For an assembly, refinish the entire unit. 1.27 PRELIMINARY OCCUPANCY A. Owner may deliver, install and connect equipment, furnishings, or other apparatus in buildings or other structures. These actions do not indicate acceptance of any part of the building or structure and does not affect the start of warranties or correction periods. B. Protect the Owner's property after installation is complete. C. Owner or Engineer may use any product for testing or determine that the product meets the requirements of the Contract Documents. This use does not constitute acceptance by either the Owner or Engineer. These actions do not indicate acceptance of any part of the product and does not affect the start of warranties or correction periods. 1.28 INITIAL MAINTENANCE A. Maintain equipment until the Project is accepted by the Owner. Ensure that mechanical equipment is properly maintained as recommended by the Supplier. B. Prior to acceptance of equipment, provide maintenance and start-up services per Section 01750, STARTING AND ADJUSTING. Item 18 1850-001-01 OCTOBER 2016 01310 Page 12 of 12 PROJECT MANAGEMENT AND COORDINATION C. Remove and clean screens and strainers in piping systems. D. Clean insects from intake louver screens. 2.00 PRODUCTS 2.01 MATERIALS Provide materials in accordance with the requirements of the individual Sections. 3.00 EXECUTION Perform the Work per the Supplier's published instructions. Do not omit any preparatory step or installation procedure unless specifically exempted or modified by Field Order. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01311 Page 1 of 5 PROJECT COORDINATION SECTION 01311 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer contract requirements to construct the project. Provide documentation per the requirements of this Section. Provide information as requested by the Construction Manager, Engineer, or Owner. 1.02 SUBMITTALS A. Provide submittals in accordance with Section 01330, SUBMITTALS. 1.03 COMMUNICATION DURING THE PROJECT A. The Construction Manager is to be the first point of contact for all parties on matters concerning this project. B. The Engineer will coordinate correspondence concerning: 1. Submittals, including Applications for Payment, 2. Clarification and interpretation of the Contract Documents, 3. Contract modifications, 4. Observation of work and testing, and 5. Claims. C. The Construction Manager and Engineer will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the Engineer at the address indicated at the Pre- construction Conference. Include the following with communications as a minimum: 1. Name of the Owner 2. Project name 3. Contract title 4. Project number 5. Date 6. A reference statement E. Submit communications on the forms referenced in this Section or in Section 01330, SUBMITTALS. 1.04 PROJECT MEETINGS A. Pre-construction Conference 1. Attend a pre-construction meeting. 2. The location of the conference will be determined by the Owner 3. The time of the meeting will be determined by the Owner but will be after the Notice of Award is issued and not later than fifteen (15) days after the Notice to Proceed is issued. 4. The Owner, Construction Manager, Engineer, representatives of utility companies, the Contractor's project manager and superintendent, and representatives from major Subcontractors and Suppliers may attend the meeting. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Section 01321 CONSTRUCTION PROGRESS SCHEDULE. b. Preliminary submittal schedule per Section 01330, SUBMITTALS. c. Schedule of values and anticipated schedule of payments per Section 01290, PAYMENT PROCEDURES. Item 18 1850-001-01 OCTOBER 2016 01311 Page 2 of 5 PROJECT COORDINATION d. List of Subcontractors and Suppliers. e. Contractor's organizational chart as it relates to this project. f. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications and payment requests. B. Progress Meetings 1. Attend meetings with the Engineer and Owner. a. Meet on a monthly basis or as requested to discuss the project. b. Meet at the project site. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. 2. Provide information as requested by the Engineer or Owner concerning this project. a. Prepare to discuss: 1) Status of overall project schedule. 2) Contractor's detailed schedule for the next month. 3) Anticipated delivery dates for equipment. 4) Coordination with the Owner. 5) Status of submittals. 6) Information or clarification of the Contract Documents. 7) Claims and proposed modifications to the contract. 8) Field observations, problems, or conflicts. 9) Maintenance of quality standards. b. Notify the Engineer of any specific items to be discussed a minimum of one week prior to the meeting. 3. Review minutes of meetings and notify Engineer of any discrepancies within ten days of the date of the memorandum. a. Following that date, the minutes will stand as shown or as corrected. b. Corrections will be reflected in the minutes of the following meeting. Issues discussed will be documented and old issues will remain on minutes of subsequent meetings until the issue is resolved. C. Pre-submittal and Pre-installation Meetings 1. Attend pre-submittal and pre-installation meetings as required in the individual technical specifications or as determined necessary by the Engineer (for example, instrumentation, roofing, concrete mix design, etc.). 2. The location of the meeting will be determined by the Owner. 3. The time of the meeting will be determined by the Contractor when ready to proceed with the associated work, subject to submission of a Notification by Contractor (NBC) on the form shown in Section 013116 FORMS and acceptance by the Engineer and Owner of the proposed time. 4. The Owner, the Engineer, the Contractor's project manager and superintendent, and representatives from affected Subcontractors and Suppliers shall attend the meeting. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information (RFI) to the Construction Manager to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item in the Contractor’s standard format. 2. Attach adequate information to permit a written response without further clarification. Construction Manager or Engineer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. Item 18 1850-001-01 OCTOBER 2016 01311 Page 3 of 5 PROJECT COORDINATION B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Owner will initiate a Preliminary Contract Modification per Paragraph 1.07 if the RFI indicates that a contract modification is required. 1.06 NOTIFICATION BY CONTRACTOR A. Notify the Construction Manager of: 1. Need for testing, 2. Intent to work outside regular working hours, 3. Request to shut down facilities or utilities, 4. Proposed utility connections, 5. Required observation by Engineer or inspection agencies prior to covering work and 6. Training. B. Provide notification a minimum of two weeks in advance in order to allow Owner, Construction Manager, and / or Engineer time to respond appropriately to the notification. 1.07 REQUESTS FOR MODIFICATIONS A. Submit a request to the Engineer for any change in the Contract Documents. 1. Assign a number to the Preliminary Contract Modification when issued. 2. Include with the Preliminary Contract Modification: a. A complete description of the proposed modification. b. The reason the modification is requested. c. A detailed breakdown of the cost of the change (necessary only if the modification requires a change in contract amount). The itemized breakdown is to include: 1) list of materials and equipment to be installed, 2) man hours for labor by classification, 3) equipment used in construction, 4) consumable supplies, fuels, and materials, 5) royalties and patent fees, 6) bonds and insurance, 7) overhead and profit, 8) field office costs, 9) home office cost, and 10) other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Provide a revised schedule indicating the effect on the critical path for the project and a statement of the number of days the project may be delayed by the modification. 3. A Preliminary Contract Modification is required for all substitutions or deviations from the Contract Documents that involve potential project cost impacts. 4. The Owner and the Engineer will evaluate the request for a preliminary contract modification. B. Owner will initiate changes through the Engineer. 1. The Owner or Engineer will prepare a description of proposed modifications to the Contract Documents. 2. Owner will assign a number to the Preliminary Contract Modification when issued. C. Engineer will issue a Field Order or a Change Order per the General Conditions if a contract modification is appropriate. Item 18 1850-001-01 OCTOBER 2016 01311 Page 4 of 5 PROJECT COORDINATION 1. Modifications to the contract can only be made by a Field Order or a Change Order. 2. Changes in the project will be documented by a Field Order or by a Change Order. 3. Field Orders may be issued by the Engineer for contract modifications that do not change the Contract Price or Contract Time. 4. Any modifications that require a change in Contract Price or Contract Time can only be approved by Change Order. a. Proposals issued by the Contractor in response to a Preliminary Contract Modification will be evaluated by the Engineer. b. If the Preliminary Contract Modification is acceptable, the Contractor will be notified in writing. This will constitute the authorization to proceed with the work. c. Depending on the amounts involved, several Preliminary Contract Modifications may be collected into a contract Change Order. d. Change Orders can only be approved by the Town of Prosper. Upon approval, the Owner will prepare the Change Order for execution between the Contractor and the Owner. D. The Contractor may be informed that the Preliminary Contract Modification is not approved and construction is to proceed in accordance with the Contract Documents. 1.08 RECORD DRAWINGS A. Maintain at the Site one complete record copy of: 1. Drawings, 2. Specifications, 3. Addenda, 4. Contract modifications, 5. Approved Shop Drawings and record data, 6. Test records, 7. Clarifications and other information provided in Request for Information responses, and 8. Reference standards B. Store documents and samples in the Contractor's field office. 1. Documents are to remain separate from documents used for construction. Do not use these documents for construction. 2. Provide files and racks for the storage of documents. 3. Provide a secure storage space for the storage of samples. 4. Maintain documents in clean, dry, legible conditions, and in good order. 5. Make documents and samples available at all times for inspection by the Construction Manager, Engineer and Owner. C. Marking Drawings: 1. Label each document as "Project Record" in large printed letters. 2. Record information as construction is being performed. a. Do not conceal any Work until the required information is recorded. b. Mark drawings to record actual construction, including the following: 1) Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. 2) Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. 3) Location of internal utilities and appurtenances concealed in the construction. Refer measurements to permanent structure on the surface. Include the following equipment: a) Piping, b) Ductwork, c) Equipment and control devices requiring periodic maintenance or repair, d) Valves, unions, traps, and tanks, e) Services entrance, Item 18 1850-001-01 OCTOBER 2016 01311 Page 5 of 5 PROJECT COORDINATION f) Feeders, and g) Outlets. 4) Changes of dimension and detail, 5) Changes made by Field Order and Change Order, 6) Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to Requests for Information. c. Mark Specifications and Addenda to identify products provided. 1) Record product name, trade name, catalog number, and each Supplier (with address and phone number) of each product and item of equipment actually installed. 2) Record changes made by Field Order and Change Order. d. Mark additional work or information in erasable pencil. 1) Use red for new or revised indication. 2) Use purple for Work deleted or not installed (lines to be removed). 3) Highlight items constructed per the Contract Documents in yellow. e. Submit record documents to Engineer for review and acceptance 30 days prior to final completion of the project. 1) Provide one set of marked up drawings. D. Applications for Payment will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without complete record documents. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 01316 Page 1 of 1 FORMS SECTION 01316 FORMS 1.00 GENERAL 1.01 WORK INCLUDED A. Use the forms shown in this section for contract administration, submittals and documentation of test results. A disk with these forms in Microsoft Word or Excel will be provided to the Contractor before or at the pre-construction conference. Forms included are listed below: 1. Application for Payment forms a. Consent of Surety Company Payment Procedures b. Pay Request Form 2. Testing forms a. Pressure Pipe Test Report b. Protective Coating Test Report 3. Equipment installation and documentation forms a. Equipment Installation Report b. O&M Manual Review Report 4. Project closeout forms a. Consent of Surety Company to Final Payment b. Consent of Surety Company to Reduction of or Partial Release of Retainage. c. Contractor's Affidavit of Payment of Debts and Claims d. Contractor's Affidavit of Release of Liens B. The following forms shall be utilized as needed. However, the use of ProjectMates per Specifications Section 01201 may supersede these forms. 1. Request for information 2. Contract Modification Request (CMR) 3. Field Order (FO) 4. Submittal Transmittal 5. Shop Drawing Deviation Request 6. Concrete Mix Design 7. Notification By Contractor (NBC) 8. Shut Down and Tie-In Form END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 01321 Page 1 of 3 CONSTRUCTION PROGRESS SCHEDULE SECTION 01321 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a progress schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor the work progress, to anticipate the time and amount of Applications for Payment, and to relate submittal processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of submittals and the dates when submittals must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the submitted schedule. E. Take all requirements of Section 01350, SPECIAL PROCEDURES into consideration when preparing schedule. 1.02 SUBMITTALS A. Submit progress schedules in accordance with Section 01330, SUBMITTALS. Submit schedules within the following times: 1. Preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. 2. Detailed schedule at least 10 days prior to the first payment request. B. Submit progress schedules with Applications for Payment. Schedules may be used to evaluate the Applications for Payment. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work. 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers. 3. Assist in monitoring the progress of the work. 4. Assist in evaluating proposed changes to Contract Time and project schedule. 5. Assist the Owner in review of Contractor's Application for Payment. B. Provide personnel with five (5) years minimum experience in scheduling construction work comparable to this project. C. Provide the schedule in the form of a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The graph is to indicate: 1. Complete sequence of construction by activity. 2. Identification of the activity by structure, location, and type of Work. 3. Chronological order of the start of each item of work. 4. The activity start and stop dates. 5. The activity duration. 6. Successor and predecessor relationships for each activity. Group related activities or use lines to indicate relationships. Item 18 1850-001-01 OCTOBER 2016 01321 Page 2 of 3 CONSTRUCTION PROGRESS SCHEDULE 7. A clearly indicated critical path. Indicate only one critical path on the schedule. The subsystem with the longest time of completion is the critical path where several subsystems each have a critical path. Float time is to be assigned to other subsystems. 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the day Applications for Payment are due of each month. D. Submit a separate submittal schedule indicating the dates when the submittals are to be sent to the Engineer. 1. List specific dates submittal is to be sent to the Engineer. 2. List specific dates submittal must be processed in order to meet the proposed schedule. 3. Allow a reasonable time to review submittals, taking into consideration the size and complexity of the submittal, the submission of other submittals, and other factors that may affect review time. 4. Allow time for re-submission of the submittals for each item. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous submittals and for the time lost when submittals are submitted for products that do not meet specification requirements. E. Update the schedule at the end of each monthly partial payment period to indicate the progress made on the project to that date. 1.04 SCHEDULE REVISIONS A. Submit a written report if the schedule indicates that the Project is more than thirty (30) days behind schedule. The report is to include: 1. Number of days Project is behind schedule. 2. Narrative description of the steps to be taken to bring the Project back on schedule. 3. Anticipated time required to bring the Project back on schedule. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Time approved by Change Order. 1. Revised schedule is to be included with Contract Modification Request for which an extension of time is requested. 2. Failure to submit a revised schedule indicates that the modification shall have no impact on the ability of the Contractor to complete the project on time and that the cost associated with the change of additional plant or work force have been included in the cost proposed for the modification. C. Updating the project schedule to reflect actual progress is not considered a revision to the project schedule. D. Applications for Payment will not be recommended for payment without a revised schedule and if required, the report indicating the Contractor's plan for bringing the project back on schedule. 1.05 FLOAT TIME A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Contract time cannot be changed by the submission of this schedule. Contract Time can only be modified by approved Change Order. Item 18 1850-001-01 OCTOBER 2016 01321 Page 3 of 3 CONSTRUCTION PROGRESS SCHEDULE D. Schedule completion date must be the same as the contract completion date. Time between the end of construction and the contract completion date is to be indicated as float time. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 01323 Page 1 of 2 PHOTOGRAPHIC DOCUMENTATION SECTION 01323 PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right-of- way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing where possible. 3. Provide one copy of the recording, dated and labeled to the Construction Manager before the start of construction. Provide additional recording as directed by the Construction Manager if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire project site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash and debris have been removed. 5. Employ a professional photographer approved by the Construction Manager to photograph the project. 6. Provide one aerial photograph of the site from an angle and height to include the entire project site while providing adequate detail. C. All photographs, video recordings and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 1.02 QUALITY ASSURANCE A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 SUBMITTALS A. Submit photographic documentation as record data in accordance with Section 01330, SUBMITTALS. 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 X 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the Construction Manager. C. Provide a DVD of each photograph taken. D. Identify each electronic photo file name with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. Item 18 1850-001-01 OCTOBER 2016 01323 Page 2 of 2 PHOTOGRAPHIC DOCUMENTATION E. Submit photograph in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8" x 10" glossy color prints for each of ten photographs selected by the Owner. These photographs are in addition to normal prints. 2.02 VIDEO RECORDING A. Provide digital format on DVD that can be played on Windows Media Player in common format in full screen mode. B. Identifying project on tape by audio or visual means. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01330 Page 1 of 10 SUBMITTALS SECTION 01330 SUBMITTALS 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner, Construction Manager and Engineer to: 1. Record the products incorporated into the Project for the Owner. 2. Provide information for operation and maintenance of the Project. 3. Provide information for the administration of the Contract. 4. Allow the Engineer to advise the Owner if products proposed for the project by the Contractor conform, in general, to the design concepts of the Contract Documents. B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals. Contract modifications may only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review all submittals prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction requirements. 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are complete for their intended purpose. 5. Conflicts between the submittals related to the various Subcontractors and Suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. C. Submit information per the procedures described in this section and the detailed specifications. D. Furnish the following submittals: 1. As specified in the attached Submittal Schedule. 2. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions. 3. Documentation required for the administration of the Contract per Section 01311, PROJECT COORDINATION. 4. Shop Drawings required for consideration of a contract modification per Paragraph 1.08. 5. Submittals as required in the Specifications. 6. Submittals not required will be returned without Engineer's review. E. Submit a schedule indicating the date submittals will be sent to the Engineer and proposed dates that the product will be incorporated into the project. Make submittals promptly in accordance with the schedule so as to cause no delay in the Project. 1. Send submittals to the Engineer allowing a reasonable time for delivery, review and marking submittals. Include time for review of a resubmission if necessary. Allow adequate time for the submittal review process, ordering, fabrication, and delivery of the product so as to not delay progress on the Project. 2. Schedule submittal to provide all information for interrelated work at one time. No review will be performed on submittals requiring coordination with other submittals. Engineer will return submittals for resubmission as a complete package. Item 18 1850-001-01 OCTOBER 2016 01330 Page 2 of 10 SUBMITTALS F. Submit information for all of the components and related equipment required for a complete and operational system in the same submittal. 1. Include electrical, mechanical, and other information required to indicate how the various components of the system function. 2. Provide certifications, warranties, and written guarantees with the submittal package for review when they are required. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the Owner's option. H. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Engineer. 1.03 QUALITY ASSURANCE A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Submittals not meeting these criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including Drawings and Specifications as modified by Addenda, Field Orders, and Change Orders. C. Furnish and install products that fully comply with the information included in the submittal. D. Review and approve submittals prior to submitting them to the Engineer for review. Submittals will not be accepted from anyone other than the Contractor. 1.04 SUBMITTAL PROCEDURES A. An electronic copy of all submittals shall be submitted on ProjectMates per Specification Section 01201 “Internet Based Construction Management”. The electronic copy shall contain the complete contents of each submittal, including associated drawings product data, etc., and shall be submitted in Adobe Acrobat PDF format, or other format approved by Engineer. B. Deliver 2 hard copies of each submittal to the Engineer at the following address: Alan Plummer Associates, Inc. Attention: Rosser R. Standifer, PE 14755 Preston Road, Suite 325 Dallas, TX 75254 Reference Project: 1850-001-01 C. Deliver 3 hard copies of final approved submittals to the Engineer at the above address unless otherwise stated at the pre-construction conference. The Contractor shall provide or comply with the following for the submittal: 1. Lettered index tabs separating each submittal. 2. Tabular listing of all sequentially numbered submittals uploaded to Project Mates that notes the Submittal Number, title and status (approved, rejected, etc.) of each submittal. 3. Tabular listing of approved submittals noting the Submittal Number, title, the submittal number of any prior versions of the submittal marked rejected or revise and resubmit and the letter tab (A, B, C…AA, BB, etc.) associated with each submittal . 4. Three ring punch and binder clip, GBC or Spiral Bind (maximum thickness of 2-in with volume numbers noted, clear front cover/black vinyl rear cover) as directed by the Engineer. D. Transmit all submittals, with a properly completed Submittal Transmittal Form as indicated in Section 01316, FORMS. Item 18 1850-001-01 OCTOBER 2016 01330 Page 3 of 10 SUBMITTALS 1. Use a separate transmittal form for each specific product, class of material, and equipment system. 2. Submit items specified in different sections of the Specifications separately unless they are part of an integrated system. E. Assign a Contractor's submittal number to the documents originated to allow tracking of the submittal during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order Engineer CMR Contract Modification Request Contractor CTR Certified Test Report Contractor EIR Equipment Installation Report Contractor FO Field Order Engineer NBC Notification by Contractor Contractor O&M Operation & Maintenance Manuals Contractor PD Photographic Documentation Contractor RD Record Data Contractor RFI Request for Information Contractor SAM Sample Contractor SD Shop Drawing Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of submittal. 3. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineer for processing. For example: SD-025-A represents a shop drawing that is the twenty-fifth submittal of this type and is the second time this submittal has been sent for review. 4. Clearly note the submittal number on each page or sheet of the submittal. 5. Correct assignment of numbers is essential since different submittal types are processed in different ways. F. Submit documents with uniform markings and page sizes. 1. Paper size shall allow for ease of reproduction. a. Submit documents on 8-1/2" X 11" paper where practical. b. Use 11" X 17" paper for larger drawings and schematics. c. Use full size sheets for fabrications and layout drawings. Reproducible drawings may be submitted in lieu of prints. 2. Mark submittals to: a. Indicate Contractor's corrections in green. b. Highlight items pertinent to the products being furnished in yellow and delete items that are not pertinent when the Supplier's standard drawings or information sheets are provided. c. Cloud items and highlight in yellow where selections by the Engineer or Owner are required. d. Mark dimensions with the prefix FD to indicate field verified dimensions on the drawings. e. Provide a blank space 8" x 3" for Contractor's and Engineer's stamp. 3. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. Item 18 1850-001-01 OCTOBER 2016 01330 Page 4 of 10 SUBMITTALS G. Mark submittals to reference the Drawing number and/or section of the Specifications, detail designation, schedule or location that corresponds with the data submitted. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. H. Deliver samples required by the Specifications to the project site. Provide a minimum of two (2) samples. I. Construct mock-ups from the actual products to be used in construction per Specifications. J. Submit color charts and Samples for every product requiring color, texture or finish selection. 1. Submit all color charts and Samples at one time. 2. Do not submit color charts and Samples until all record data have been submitted or Shop Drawings for the products have been approved. 3. Submit color charts and Samples not less than thirty (30) days prior to when these products are to be ordered or released for fabrication to comply with the schedule for construction of the Project. K. Submit Contract Modification Request per Section 01311, PROJECT COORDINATION to request modifications to the Contract Documents. L. The number of copies of each submittal to be sent by the Contractor and the number of copies of each submittal to be returned are: Prefix Description No. of Copies Sent No. of Copies Returned AP Application for Payment 5 1 CMR Contract Modification Request 4 1 CTR Certified Test Report 3 0 EIR Equipment Installation Report 3 0 NBC Notification by Contractor 3 1 O&M Preliminary O&M Manuals 4 1 O&M Final O&M Manuals 4 0 PD Photographic Documentation 2 0 RD Record Data 3 0 RFI Request for Information 3 1 SAM Sample 2 0 SD Shop Drawings 4 1 SCH Schedule of Progress 3 0 M. Submit an electronic copy of each submittal through ProjectMates at http://www.apai- projects.com/. The Contractor will be provided access to log onto the ProjectMates website to post submittal documents and check the status of submittals. The complete contents of each submittal, including associated drawings product data, etc., shall be submitted in Adobe Acrobat PDF format, or other format approved by Engineer. 1.05 REVIEW PROCEDURES A. Shop drawings are reviewed in the order received, unless Contractor request that a different priority be assigned. B. Mark a submittal as "Priority" to place the review for this submittal ahead of submittals previously delivered. Priority submittals will be reviewed before other submittals for this Project which have been received but not reviewed. Use discretion in the use of "Priority" submittals as this may delay the review of submittals previously submitted. Revise the Schedule of Contractor's Submittals for substantial deviations from the previous schedule. C. Review procedures vary with the type of submittal as described in Paragraph 1.06. Item 18 1850-001-01 OCTOBER 2016 01330 Page 5 of 10 SUBMITTALS 1.06 SUBMITTAL REQUIREMENTS A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection or installation of the product without additional detailed information from the Supplier. 1. Shop drawings are requested so that the Engineer can: a. Assist the Owner in selecting colors, textures or other aesthetic features. b. Compare the proposed features of the product with the specified features so as to advise the Owner that the product does, in general, conform to the Contract Documents. c. Compare the performance features of the proposed product with those specified so as to advise the Owner that it appears that the product will meet the designed performance criteria. d. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. 2. Certify that Contractor has reviewed the Shop Drawings and made all necessary corrections such that the products, when installed, will be in full compliance with the Contract Documents and Technical Specifications. Shop Drawings submitted without this certification will be returned without review. 3. Submit Shop Drawings for: a. Products indicated in the submittal schedule following this section. b. When a substitution or equal product is proposed in accordance with Paragraph 1.08 of this Section. 4. Include a complete description of the material or equipment to be furnished. Information is to include: a. Type, dimensions, size, arrangement, model number, and operational parameters of the components. b. Weights, gauges, materials of construction, external connections, anchors, and supports required. c. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components. d. All applicable standards such as ASTM or Federal specification numbers. e. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings. f. Wiring and piping diagrams and related controls. g. Mix designs for concrete, asphalt, or other materials proportioned for the Project. h. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the submittal that the measurements represent actual dimensions obtained at the site. 5. Provide all required statements of certification, guarantees, extended service agreements, and other related documents with the Shop Drawing. The effective date of these documents shall be the date of acceptance of the work by the Owner. 6. Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. a. Submittals that are reviewed will be returned with one or more of the following designations: 1) Approved - Submittal is found to be acceptable as submitted. 2) Approved as Noted - Submittal is acceptable with corrections or notations made by Engineer and may be used as corrected. 3) Revise and Resubmit - Submittal has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. 4) Not Approved - Products are not acceptable. b. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Revise and Resubmit". These drawings are to be revised to provide a clean record of the submittal. Item 18 1850-001-01 OCTOBER 2016 01330 Page 6 of 10 SUBMITTALS c. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with Contract Documents. B. Certifications, Warranties and Service Agreements include documents as specified in the detailed specifications, as shown in the submittal schedule or as follows: 1. Certified Test Reports (CTR) - A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the specifications. (Refer to Section 01 40 00, QUALITY REQUIREMENTS.) 2. Certification of Local Field Service (CLS) - A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the project site. List names, addresses, and telephone numbers of approved service organizations on or attach to the certificate. 3. Extended Warranty (EW) - A guarantee of performance for the product or system beyond the normal one year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. 4. Extended Service Agreement (ESA) - A contract to provide maintenance beyond that required to fulfill requirements for warranty repairs, or to perform routine maintenance for a definite period of time beyond the warranty period. Issue the service agreement in the name of the Owner. 5. Certification of Adequacy of Design (CAD) - A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 6. Certification of Applicator/Subcontractor (CSQ) - A certified letter stating that the Subcontractor or Supplier proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product. C. Submit record data to provide information to allow the Owner to adequately identify the products incorporated into the project and allow replacement or repair at some future date. 1. Provide record data for all products. Record data is not required for items for which Shop Drawings and/or operations and maintenance manuals are required. 2. Provide information only on the specified products. Submit a Contract Modification Request for approval of deviations or substitutions and obtain approval by Field Order or Change Order prior to submitting record data. 3. Provide the same information required for Shop Drawings. 4. Record data will be received by the Engineer, logged, and provided to Owner for the Project record. a. Record data may be reviewed to see that the information provided is adequate for the purpose intended. Inadequate drawings will be returned as unacceptable. b. Record data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. D. Provide Samples for comparison with products delivered to the Site for use on the Project. 1. Samples shall be of sufficient size and quantity to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 2. Indicate the full range of color, texture, and patterns. 3. Dispose of Samples when related Work has been completed and approved, and disposal is requested by the Engineer. At Owner's option Samples will become the property of the Owner. E. Construct mock-ups for comparison with the work being performed. 1. Construct mock-ups of the size or area indicated in the detailed Specifications. 2. Construct mock-ups complete with texture and finish to represent the finished product. Item 18 1850-001-01 OCTOBER 2016 01330 Page 7 of 10 SUBMITTALS 3. Protect mock-ups until Work has been completed and accepted by the Owner. 4. Dispose of mock-ups when related Work has been completed and disposal is approved by the Engineer. F. Submit Operation and Maintenance manuals (O&M) for all equipment, mechanical devices, or components described in the Contract Documents per Section 01782, OPERATION AND MAINTENANCE DATA. Include copies of approved Shop Drawings in the manual. G. Submit Request for Information (RFI) in accordance with Section 01311, PROJECT COORDINATION. H. Submit a Schedule of Values and Application for Payment (AP) in accordance with Section 01290, PAYMENT PROCEDURES. I. Submit Progress Schedules (SCH) in accordance with Section 01321 CONSTRUCTION PROGRESS SCHEDULES. J. Submit Certified Test Reports (CTR) from independent testing laboratories in accordance with Section 01400, QUALITY REQUIREMENTS. 1. Submit test reports for material fabricated for this project with Shop Drawings for that product. 2. Submit test reports produced at the point of production for standard production products with the record data for that product. K. Submit a list of Suppliers and Subcontractors as record data in accordance with Section 01311, PROJECT COORDINATION. L. Submit Equipment Installation Reports (EIR) in accordance with Section 01 75 00, STARTING AND ADJUSTING. M. Submit Notifications by Contractor (NBC) in accordance with Section 01311, PROJECT COORDINATION. N. Submit Photographic Documentation (PD) in accordance with Section 01323, PHOTOGRAPHIC DOCUMENTATION. 1.07 REQUESTS FOR DEVIATION A. Submit requests for deviations from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit request for deviations by Contract Modification Request (CMR) per Section 01311, PROJECT COORDINATION. Identify the deviations and the reason the change is requested. C. Include the amount if cost savings to the Owner for deviations that result in a reduction in cost. D. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. 1.08 SUBMITTALS FOR EQUAL NON-SPECIFIED PRODUCTS A. The products of the listed suppliers are to be furnished where detailed specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution and must be approved per Paragraph 1.09. B. Contractor may submit other manufacturers' products that are in full compliance with the specification where detailed specifications list one or more manufacturers followed by the phrase "or equal" or "or approved equal". 1. Submit Shop Drawings of adequate detail to document that the proposed product is equal or superior to the specified product. Item 18 1850-001-01 OCTOBER 2016 01330 Page 8 of 10 SUBMITTALS 2. Prove that the product is equal. It is not the Engineer's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the submittal. c. The decision of the Engineer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the Work and will waive all claims for additional materials or effort which may be necessary to incorporate the product into the Project. e. Will maintain or improve the delivery and installation schedule as for the specified product. 4. A modification request is not required for any product that is in complete compliance with the Contract Documents. 1.09 SUBMITTALS FOR SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. B. Submit the following for consideration of approval of a Supplier or product which is not specified: 1. Contract Modification Request for deviation from the Contract Documents per Paragraph 1.07. 2. Prove that the product is acceptable as a substitute. It is not the Engineer's responsibility to prove the product is not acceptable as a substitute. a. Indicate on a point by point basis for each specified feature that the product is acceptable to meet Contract Documents requirements. b. Make a direct comparison with the specified Supplier's published data sheets and available information. Provide this printed material with the submittal. c. The decision of the Engineer regarding the acceptability of the proposed substitute product is final. 3. Provide a typewritten certification that, in making the substitution request, the Contractor: a. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. b. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the Manufacturer of the specified product. c. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. d. Will maintain the same time schedule as for the specified product. C. Pay engineering cost for review of substitutions. 1. Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of Shop Drawings. 2. Cost for the additional review shall be paid to the Owner by the Contractor on a monthly basis. Item 18 1850-001-01 OCTOBER 2016 01330 Page 9 of 10 SUBMITTALS 1.10 WARRANTIES AND GUARANTEES A. Submit warranties and guarantees required by the Contract Documents with the Shop Drawings or record data. B. Provide additional copies for equipment and include this additional copy in the Operation and Maintenance Manuals. Refer to Section 01782, OPERATION AND MAINTENANCE DATA. C. Provide a separate manual for warranties and guarantees. 1. Provide a log of all products for which warranties or guarantees are provided, and for all equipment. Index the log by Specification section number on forms provided by the Engineer. 2. Indicate the start date, warranty or guarantee period and the date upon which the Warranty or guarantee expires for product or equipment which a warranty or guarantee is required. 3. Indicate the date for the start of the correction period specified in the General Conditions for each piece of equipment and the date on which the specified correction period expires. 4. Provide a copy of the warrantee or guarantee under a tab indexed to the log. 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved. B. For shop drawings: 1. Revise initial drawings or data and resubmit as specified for the original submittal. 2. Highlight in yellow those revisions which have been made in response to the first review by the Engineer. 3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer. C. For samples: 1. Submit new samples as required for the initial sample. 2. Remove samples which have been rejected. D. For mock-ups: 1. Construct a new mock-up as initially required. 2. Dispose of mock-ups which have been rejected. E. Engineering cost for excessive review of shop drawings will be paid by the Contractor. 1. Excessive review of shop drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Cost for additional review time will be billed to the Owner by the Engineer for the actual hours required for the review and marking of shop drawings by Engineer. 3. Pay cost for the additional review to the Owner on a monthly basis as billed by the Owner. 4. Need for more than one resubmission or any other delay of obtaining Engineer's review of submittals, will not entitle the Contractor to an extension of Contract Time. All costs associated with such delays shall be at the Contractor's expense. Item 18 1850-001-01 OCTOBER 2016 01330 Page 10 of 10 SUBMITTALS 1.12 ENGINEER'S DUTIES A. Review the submittals and return with reasonable promptness. B. Affix stamp, indicate approval, rejection, and the need for resubmittal. C. Distribute documents SUBMITTAL SCHEDULE Spec. No. Description S D S A M C T R C L S E W E S A C A D C S Q R D O M E I R P P B 02300 Earthwork Materials X X X X 02320 Trenching, Backfilling, and Compacting X X X 02260 Trench Excavation Safety Protection System X 02910 Hydromulch Seeding and Sodding X X 03100 Concrete Formwork X X X X 03200 Concrete Reinforcement X X X 03300 Cast-in-Place Concrete X X X 03410 Concrete, Plant- Precast Structural X X X X 05501 Anchor Bolts and Concrete Inserts X X X X 09900 Painting X X X 09910 Pipeline Coatings X X X 10140 Signs X X 10952 Identification, Stenciling, and Tagging X X 15020 Piping Systems, Ductile Iron Pipe X X X X X X 15002 Field Testing of Piping Systems X X 15010 Basic Mechanical Requirements 15080 Pipe Couplings and Expansion Joints X X X 15100 Miscellaneous Valves and Appurtenances X X X X X X 15101 Valves, Gate X X X X X X Legend SD Shop Drawing CAD Certificate of Adequacy of Design SAM Sample CSQ Certification of Applicator/Subcontractor CTR Certified Test Report RD Record Data CLS Certification of Local Field Service OM Operation and Maintenance Manuals EW Extended Warranty EIR Equipment Installation Report ESA Extended Service Agreement PPB Process Performance Bond END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01350 Page 1 of 2 SPECIAL PROCEDURES (SEQUENCE OF CONSTRUCTION) SECTION 01350 SPECIAL PROCEDURES (SEQUENCE OF CONSTRUCTION) 1.00 GENERAL 1.01 CONSTRUCTION SEQUENCE A. The construction of this Project shall occur while the existing pipeline remains in service. Schedules of connections, renovations and modifications shall be submitted to the OWNER for approval, and all such items shall be coordinated throughout the entire construction period. These schedules shall permit full and normal flow and comply with Section 01500 “Temporary Facilities and Controls” B. The CONTRACTOR shall prepare and submit a project schedule in accordance with Division 1 Section 01321 “Construction Progress Schedule”, outlining the schedule and time requirements for each item involving the construction improvements provided in the plans. No payment shall be made until these items are received. C. The CONTRACTOR shall notify the OWNER at least 14 days in advance and again 1 day prior to beginning work. The pipeline will remain in service for the entire duration of the project. Shutdown requests will not be allowed. D. The CONTRACTOR shall not operate any valves or equipment unless directed to do so by the OWNER. E. Prior to beginning work, the CONTRACTOR shall have on-site all materials, equipment, and personnel necessary to complete the work in the time scheduled. Access to all facilities must be maintained at all times. F. Existing piping or structures, in which water has been standing, shall be cleaned of debris prior to connecting new piping or equipment. The CONTRACTOR shall be responsible for the removal and off-site disposal of grit and debris in the existing piping prior to demolition or modification. The CONTRACTOR shall clean all new and modified piping of all debris that would disrupt testing or operation. G. The CONTRACTOR shall coordinate and schedule each task necessary to complete all work within the time allowed for the project. Specific project coordination shall be as directed by the OWNER. H. Bypass piping requirements: 1. 12-inch Potable water pipeline will remain in service during entire duration of construction period. 2. Disinfect all piping and appurtenances prior to placing in service. 3. All testing of pipes to be connected shall be completed, tested and test reports furnished to the ENGINEER prior to making connections to existing pipelines. 4. All potable water shall be dechlorinated prior to draining from any pipeline. Item 18 1850-001-01 OCTOBER 2016 01350 Page 2 of 2 SPECIAL PROCEDURES (SEQUENCE OF CONSTRUCTION) L. Perform the work as required to complete the entire project within the contract time and in the sequence stipulated below: 1. Install temporary construction entrance/exit and traffic control 2. Demo and removed concrete sidewalk 3. Disinfect and shutdown existing waterline 4. Demo pvc piping and install ductile iron piping, valves, pressure reducing valve and vault. 5. Hydrostatic test and disinfect the pipeline and all appurtenances 6. Hydromulch disturbed area 7. Remove all temporary construction entrance/exits and associated temporary measures following final acceptance of construction M. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the work. N. Perform the work not specifically described in this Section as required to complete the entire project within the contract time. 1.02 SHUT DOWNS AND PLANS OF ACTION B. Shut-downs of operations or equipment will not be allowed. 1. Submit a written plan of action for approval for shutting down essential services. These include: a. City water and wastewater pipelines b. Electrical power c. Control power d. Process piping e. Treatment equipment f. Communications equipment g. Other designated functions 2. Describe the following in the Plan of Action: a. Construction necessary b. Utilities, piping, or services affected c. Length of time the service or utility will be disturbed d. Procedures to be used to carry out the work e. Plan of Action to handle emergencies f. Contingency plan that will be used if the original schedule cannot be met 3. Plan must be received by the Owner two (2) weeks prior to beginning the work. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01400 Page 1 of 8 QUALITY REQUIREMENTS SECTION 01400 QUALITY REQUIREMENTS 1.00 GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. Control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect the Work of the Contractor, Subcontractors and Suppliers. Correct defective Work. 2. Inspect products and materials to be incorporated into the Project. Ensure that Suppliers of raw materials, parts, components, assemblies, and other products have adequate quality control system to ensure that quality products are produced. Provide only products that comply with the Contract Documents. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the Owner to ensure that products proposed for use fully comply with the Contract Documents. 4. Provide all facilities and calibrated equipment required for quality control tests. 5. Provide consumable construction materials of adequate quality to provide a finished product that complies with the Contract Documents. 6. Perform tests as indicated in this and other sections of the specifications. Schedule the time and sequence of testing with the Construction Manager. All quality control testing is to be observed by the Construction Manager or designated representative. 7. Maintain complete inspection and testing records at the site and make them available to Owner, Engineer and Construction Manager. B. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the Owner to insure that Work fully complies with the Contract Documents. Provide services of a testing laboratory capable of performing a full range of testing procedures complying with the standards for testing procedures specified. Provide personnel certified to perform the test required. Obtain Owners' approval for the testing laboratory before testing is performed. C. Should requirements of this Section of the specification conflict with the requirements of the technical specifications, the technical specifications shall govern. 1.02 QUALITY ASSURANCE ACTIVITIES BY THE OWNER A. Owner may perform its own quality assurance test independent of the Contractor’s Quality Control Program or as otherwise described in the Contract Documents. Provide labor, materials, tools, equipment, and related items for testing by the Owner including, but not limited to temporary construction required for testing and operation of new and existing utilities. Assist the Owner, Engineer, Construction Manager, and testing organizations in performing quality assurance activities. 1. Provide access to the Work and to the Supplier's operations at all times Work is in progress. 2. Cooperate fully in the performance of sampling, inspection, and testing. 3. Furnish labor and facilities to: a. Provide access to the work to be tested. b. Obtain and handle samples for testing at the project site or at the source of the product to be tested. c. Provide calibrate scales and measuring devices for the Owner's use. d. Facilitate inspections and tests. e. Provide adequate lighting to allow Owner observations. Item 18 1850-001-01 OCTOBER 2016 01400 Page 2 of 8 QUALITY REQUIREMENTS f. Store and cure test samples. 4. Furnish copies of the tests performed on materials and products. 5. Provide adequate quantities of representative product to be tested to the laboratory at the designated location. 6. Give the Construction Manager adequate notice before proceeding with work that would interfere with testing. 7. Notify the Construction Manager and the testing laboratory prior to the time that testing is required. Lead time is to be adequate to allow arrangements to be made for testing. 8. Do not proceed with any work until testing services have been performed and results of tests indicate that the work is acceptable. 9. Provide complete access to the Site and make Contract Documents available. 10. Provide personnel and equipment needed to perform sampling or to assist in making the field tests. 11. Quality assurance testing performed by the Owner will be paid for by the Owner, except for verification testing performed by the Owner, which shall be paid for by the Contractor as described in Paragraph 1.06. B. Quality assurance activities of the Owner, Engineer or Construction Manager through their own forces or through contracts with materials testing laboratories and survey crews are for the purpose of monitoring the results of the Contractor's work to see that it is in compliance with the requirements of the Contract Documents. C. Quality assurance activities of the Owner and Engineer or non-performance of quality assurance activities: 1. Do not relieve the Contractor of its responsibility to perform Work and furnish materials and products and constructed Work conforming to the requirements of the Contract Documents. 2. Do not relieve the Contractor of its responsibility for providing adequate quality control measures. 3. Do not relieve the Contractor of responsibility for damage to or loss of the material, product or Work before Owner's acceptance. 4. Do not constitute or imply Owner's acceptance. 5. Do not affect the continuing rights of the Owner after Owner's acceptance of the completed Work. D. The presence or absence of the Owner's Resident Representative or Engineer does not relieve the Contractor from any contract requirement, nor is the Owner's Resident Representative or Engineer authorized to change any term or condition of the Contract Documents without the Owner's written authorization in a Field Order or Change Order. E. Failure on the part of the Owner, Engineer or Construction Manager to perform or test products or constructed works in no way relieves the Contractor of the obligation to perform work and furnish materials conforming to the Contract Documents. F. All materials and products are subject to Owner's quality assurance observations or testing at any time during preparation or use. Material or products which have been tested or observed or approved by Owner at a supply source or staging area may be re-observed or re-tested by Owner before or during or after incorporation into the Work, and rejected if they do not comply with the Contract Documents. 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 01330, SUBMITTALS, and shall include: 1. A written Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this program as Record Data 2. A Statement of Qualification for the proposed testing laboratory. The statement of qualifications is to include a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list Item 18 1850-001-01 OCTOBER 2016 01400 Page 3 of 8 QUALITY REQUIREMENTS of tests that can be performed, equipment used with date of last certification and a list of recent projects for which testing has been performed with references for those projects. 3. Test reports per Paragraph 1.07, TEST REPORTS of this specification. Reports are to certify that products or constructed Works are in full compliance with the Contract Documents or indicate that they are not in compliance and describe how they are not in compliance. 4. Provide Certified Test Reports on materials or products to be incorporated into the Project. Reports are to indicate that material or products are in full compliance with the Contract Documents or indicate that they are not in compliance and describe how they are not in compliance. 1.04 STANDARDS A. Provide a testing laboratory that complies with the ACIL (American Council of Independent Laboratories) "Recommended Requirements for Independent Laboratory Qualifications". B. Perform testing per recognized test procedures as listed in the various sections of the specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1.05 DELIVERY AND STORAGE Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. 1.06 VERIFICATION TESTING A. Provide verification testing when tests indicate that materials or the results of construction activities are not in conformance with Contract Documents. B. Verification testing is to be provided at the Contractor's expense to verify products or constructed works are in compliance after corrections have been made. C. Tests must comply with recognized methods or with methods recommended by the testing laboratory and approved by the Engineer. 1.07 TEST REPORTS A. Test reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms. These reports must include the following: a. Name of the Owner, project title and number, equipment installer and general contractor. b. Name of the laboratory, address, and telephone number. c. Name and signature of the laboratory personnel performing the test. d. Description of the product being sampled or tested. e. Date and time of sampling, inspection, and testing. f. Date the report was issued. g. Description of the test performed. h. Weather conditions and temperature at time of test or sampling. i. Location at the site or structure where the test was taken. j. Standard or test procedure used in making the test. k. A description of the results of the test. l. Statement of compliance or non-compliance with the Contract Documents. m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor or his suppliers or vendors on the forms provided in Section 01316, FORMS. Item 18 1850-001-01 OCTOBER 2016 01400 Page 4 of 8 QUALITY REQUIREMENTS B. Distribute copies of the test reports to the Construction Manager within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. Hard copies of test reports are to be distributed to individuals designated at the pre-construction conference: Recipient No. of Copies Owner 2 Engineer 1 Construction Manager 1 Contractor 1 C. Payment for Work subject to testing may be withheld until the Contractor's quality control test reports of the Work are submitted to the Owner's Resident Representative. 1.08 NON-CONFORMING WORK A. Immediately correct any Work that is not in compliance with the Contract Documents or submit a written explanation of why the Work is not to be corrected immediately and when corrective to the Work will be performed. B. Payment for non-conforming Work shall be withheld until Work is brought into compliance with the Contract Documents. 1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY A. The testing laboratory representatives are limited to providing consultation on the test performed and in an advisory capacity. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents. 2. Accept or reject any portion of the Work. 3. Perform any of the duties of the Contractor. 4. Stop the work. 1.10 QUALITY CONTROL PLAN A. Submit Contractor’s Quality Control Plan that identifies personnel, procedures, control, instructions, tests, records, and forms to be used. Construction will be permitted to begin only after acceptance of the Quality Control Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a Quality Control Plan or another interim plan containing the additional features of work to be started. B. Content of the Quality Control Plan. The Quality Control Plan shall include, as a minimum, the following to address all construction operations, both onsite and offsite, including work by Subcontractors and Suppliers: 1. A description of the quality control organization, including a chart showing lines of authority and acknowledgement that the quality control staff shall implement the quality control program for all aspects of the Work specified. 2. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a quality control function. 3. A copy of the letter to the Quality Control Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the Quality Control Manager, including authority to stop work which does not comply with the Contract Documents or will result in Work that does not comply with the Contract Documents. The Quality Control Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities, Item 18 1850-001-01 OCTOBER 2016 01400 Page 5 of 8 QUALITY REQUIREMENTS and responsibilities. Copies of these letters shall also be furnished to the Construction Manager. 4. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of Subcontractors and Suppliers. 5. Control, verification, and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, person responsible for each test, applicable industry testing standards and laboratory facilities to be used for the test. 6. Procedures for tracking phases of quality control, verification, and acceptance tests including documentation. 7. Procedures for tracking construction deficiencies from identification through acceptable corrective action. Indicate how verification that identified deficiencies have been corrected is to be documented. 8. Reporting procedures, including proposed reporting formats 9. The name of the proposed testing laboratory along with documentation of qualifications, a list of tests that can be performed, and a list of recent projects for which testing has been performed with references from those projects. C. Notification of Changes. After submittal of the Quality Control Plan, the Contractor shall notify the Owner in writing of any proposed changes. D. Coordination Meeting. After the Pre-construction Meeting and before start of construction, the Contractor shall meet with the Owner, Engineer and Construction Manager to discuss the Contractor's Quality Control Plan. The Quality Control Plan shall be submitted a minimum of fourteen (14) calendar days prior to the Coordination Meeting. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the Quality Control operations, testing, administration of the system for both onsite and offsite work, and the interrelationship of Contractor's management and control with the Owner's Quality Assurance. Revise the Quality Management Plan to reflect comments and recommended changes resulting from this meeting. 2.00 PRODUCTS 2.11 TESTING APPARATUS A. Furnish testing apparatus and related accessories necessary to perform the tests. 3.00 EXECUTION 3.01 QUALITY CONTROL PROGRAM A. Perform quality control observations and testing as required in each section of the specifications and where indicated on the drawings. Provide a quality control program that includes the following phases for each definable Work task. A definable Work task one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be work by the same trade in a different environment. 1. Planning Phase. Perform the following before beginning each definable Work task: a. Review the contract drawings. b. Review submittals and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary work has been completed and is in compliance with the Contract Documents. e. Examine required materials, equipment, and sample work to assure that they are on hand, conform to submittals, and are properly stored. Item 18 1850-001-01 OCTOBER 2016 01400 Page 6 of 8 QUALITY REQUIREMENTS f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates submittal comments. i. Discuss results of planning with the Construction Manager. Conduct a meeting attended by the quality control manager, the Construction Manager, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the quality control manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase. Complete this phase after the Planning Phase: a. Notify the Construction Manager at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required sample panels as appropriate. e. Repeat the initial phase for each new crew to work onsite, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase. Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks to correct all deficiencies prior to the start of additional Work tasks that may be affected by the defective Work. Do not build upon nor conceal non-conforming work. c. Conduct a review of the Work one month prior to the expiration of the correction period prescribed in the General Conditions with the Owner and Construction Manager. Correct defects noted during the review. B. Conduct additional planning and review if: 1. The quality of on-going work is unacceptable 2. Changes are made in applicable quality control staff, onsite production supervision or work crew 3. Work on a task is resumed after a substantial period of inactivity 4. Other quality problems develop. 3.02 CAST-IN-PLACE CONCRETE TESTING A. Test cast-in-place concrete in accordance with Section 03300 CAST-IN-PLACE CONCRETE. Item 18 1850-001-01 OCTOBER 2016 01400 Page 7 of 8 QUALITY REQUIREMENTS 3.03 PROTECTIVE COATINGS A. Test protective coatings per Section 09910, PIPELINE LININGS AND COATINGS. 3.04 PIPING SYSTEMS A. TEST REQUIREMENTS 1. Perform test on piping systems including piping installed between or connected to existing pipe. 2. Conduct tests on buried pipe to be hydrostatically tested after the trench is completely backfilled. If field conditions permit and if approved by the Engineer, partially backfill the trench and leave the joints open for inspection and conducting of the initial service leak test. Do not conduct the acceptance test until backfilling is complete. 3. Pneumatically test the buried piping and expose joints of the buried piping for the acceptance test. 4. Conduct the test on exposed piping after the piping is completely installed, including supports, hangers, and anchors, but prior to insulation and coating application. 5. Do not perform testing on pipe with concrete thrust blocking until the concrete has cured at least five (5) days. 6. Determine and remedy the cause of the excessive leakage for any pipe failing to meet the specified requirements for water or air tightness. 7. Tests must be successfully completed and reports filed before piping is accepted. 8. Submit a comprehensive plan and schedule for testing to the Engineer for review at least 10 days prior to starting each type of testing. 9. Remove and dispose of temporary blocking material and equipment after completion and acceptance of the piping test. 10. Repair any damage to the pipe coating. 11. Clean pipelines so they are totally free flowing prior to final acceptance. 12. Test piping independently from tests on structures. 13. Test method and test pressure depend upon the application of the piping. a. Pressure pipe is defined as piping that is part of a pumped or pressurized system. Perform test for pressure pipe per the procedures indicated in Paragraph B of this section. b. Gravity pipe is defined as piping that depends upon the force of gravity for flow through the pipe, with the exception of process piping described in paragraph d. Perform test for gravity pipe per the procedures indicated in Paragraph C, D, or E of this section. c. Chemical processing lines are to be tested as pressure pipe regardless of the operating conditions. The test pressure is to be 1.5 times the pressure rating of the pipe. d. Process piping between hydraulic structures is to be considered as pressure pipe. Perform the test for this pipe per Paragraph B of this section. The test pressure is to be the maximum hydrostatic head plus 10'. The maximum hydrostatic head is the difference in elevation of the pipe at it lowest point and the maximum top of the wall. B. PRESSURE AND LEAKAGE TESTS OF PRESSURE PIPING Perform hydrostatic pressure and leakage tests per Section 15002, FIELD TESTING OF PIPING SYSTEMS. C. DEFLECTION TESTING FOR PIPE 1. Perform deflection tests on flexible and semi-rigid pipe in accordance with ASTM 3034. a. The maximum allowable deflection of pipe measured as the reduction in vertical inside diameter is 5.0% unless specified otherwise. b. Conduct test after the final backfill has been in place a minimum of 30 days. c. Thoroughly clear the lines before testing. Item 18 1850-001-01 OCTOBER 2016 01400 Page 8 of 8 QUALITY REQUIREMENTS 2. Perform test by pulling a properly sized mandrel through the line or Measure deflection from the inside of the pipe. 3. Excavate and repair pipe with deflections in excess of the maximum allowable deflection. 3.05 ELECTRICAL TESTING (NOT USED) END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01500 Page 1 of 3 TEMPORARY FACILITIES AND CONTROLS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Contractor may elect to furnish temporary facilities, including the Contractor’s field offices, storage sheds, and temporary utilities needed to complete the work. B. Furnish, install, and maintain temporary project identification signs. Provide temporary on- site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 1.02 QUALITY ASSURANCE A. TESTING Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use. 1.03 DELIVERY AND STORAGE A. Arrange transportation, loading, and handling of temporary buildings and sheds. 1.04 JOB CONDITIONS A. Locate buildings and sheds at the job site as approved by the Owner. B. Prepare the site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Do not remove services and facilities until they are no longer needed. G. Operate temporary facilities in a safe and efficient manner. 1. Do not overload temporary services or facilities. 2. Do not let temporary services or facilities interfere with the progress of the work. 3. Do not allow unsanitary conditions, public nuisance, or hazardous conditions to develop or exist at the site. 4. Do not permit freezing of pipes, flooding, or the contamination of water. 5. Maintain site security and protection of the facilities. 1.05 OPTIONS A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 2.00 PRODUCTS 2.01 SIGN MATERIALS A. Provide and install a minimum of three project signs as a part of this work as directed by the OWNER. Include costs associated with project signs in the Contract Price. Item 18 1850-001-01 OCTOBER 2016 01500 Page 2 of 3 TEMPORARY FACILITIES AND CONTROLS B. Provide new signs, wood or metal with structure and framing in sound condition. Materials are to be structurally adequate and suitable for the indicated finish. C. Provide 3/4" exterior grade A/D face veneer plywood with medium density overlay for sign surface. D. Bolts, brackets, fasteners, and other hardware are to be galvanized or stainless steel. E. Provide exterior quality coatings. 2.02 TEMPORARY OFFICES A. Contractor may furnish a field office for Contractor's use during construction activities. B. Location of field office shall be approved by the Owner and Engineer before it is constructed. C. Other trades may provide their own offices only when space is available on the site, and both the Owner and the Contractor agree. 2.03 TEMPORARY STORAGE BUILDINGS Furnish storage buildings of adequate size to store any materials or equipment delivered to the site that might be affected by weather. 2.04 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities at the job site from the Notice to Proceed until project conclusion. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the work-site shall be more than 600' from a toilet. B. Use these sanitary facilities. Do not use rest rooms within existing or Owner - occupied buildings. 2.05 TEMPORARY HEAT A. Provide heating devices needed to protect the building during construction. 1. Provide fuel needed to service the heating devices. 2. Attend heating devices at all times. 3. Do not allow heaters to operate overnight without someone in attendance. 2.06 TEMPORARY UTILITIES A. Provide all temporary utilities needed during construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Include costs associated with furnishing temporary utilities in the Contract Price. 1. Provide a source of temporary electrical power of adequate size for the construction procedures. a. Provide electrical pole and service that complies with OSHA and other safety requirements and the requirements of the power company b. Make the electrical power available to the trades as needed. c. Provide extensions to the various parts of the buildings as needed. d. Provide junction boxes in such an arrangement that distribution boxes are available within 75' of any part of the structure. 2. Provide for temporary water. Extend water to the construction site and maintain source until such time that the permanent water supply can be extended to the site. Include the cost of water, costs for construction, testing, disinfection, and start-up of the Work in the Contract Price. B. Make arrangements with the local utility company, comply with utility company's requirements and pay for the utility costs during construction, testing disinfection, and start-up of the Work. C. Make utilities available to the trades during construction, testing, disinfection, and start-up. Item 18 1850-001-01 OCTOBER 2016 01500 Page 3 of 3 TEMPORARY FACILITIES AND CONTROLS 3.00 EXECUTION 3.01 LOCATION OF TEMPORARY FACILITIES A. Locate all temporary facilities in an area that will not interfere with any Work to be performed under this contract. B. Location of field office shall be approved by the Owner and Engineer before it is constructed. C. Construct and install signs at locations as required by applicable regulatory agencies and as directed by the Owner. Install informational signs at the height of optimum visibility, on ground-mounted poles or attached to temporary structural surfaces. 3.02 PROJECT IDENTIFICATION AND SIGNS A. Provide project identification signs of the size, lettering, and construction indicated by the Owner and in accordance with specified requirements. 3.03 TEMPORARY LIGHTING A. Once a building is "shelled-in", provide temporary lighting inside the building. 1. Lighting shall be adequate to perform work within any space. 2. Lights shall be left in position in such a manner that every space has temporary light at all times. 3. Temporary lights may be removed once the permanent lighting is in service. B. Provide portable flood lights at any time that work will be performed outside the structure at night. Provide adequate lighting to provide sufficient light at any location work is being performed. 3.04 CONSTRUCTION FENCE Install and maintain a 8-foot tall temporary construction fence around the work area as needed to maintain security of the site and/or project materials. The temporary construction fence shall be an extension of the permanent fence to create one continuous unit. All fence gates shall be closed and locked at the end of each work day. 3.05 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary buildings, sheds, and utilities at the conclusion of the project and restore the site to original condition or finished in accordance with the drawings. B. Remove informational signs upon completion of construction. C. Remove project identification signs, framing, supports, and foundations upon completion of the project. 3.06 MAINTENANCE AND JANITORIAL SERVICE A. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. B. Repair any damage to permanent structures or finishes caused by placement or removal of temporary signage. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 01570 Page 1 of 4 TEMPORARY CONTROLS SECTION 01570 TEMPORARY CONTROLS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide labor, materials, equipment and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan in accordance with TCEQ General Permit TXR150000, file required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent storm water pollution for the duration of the Project. Provide and maintain erosion and sediment control structures as required to preventive sediment and other pollutants from the Site from entering any storm water system, including open channels. Remove pollution control structures when no longer required to prevent storm water pollution. 1.02 QUALITY ASSURANCE A. Construct storm water pollution prevention measures prior to the beginning of construction and maintain these during construction until final stabilization has been achieved for the area protected. B. Plan and conduct all land-disturbing activities to minimize the area to be exposed at any one time. Minimize the time of exposure, off-site erosion, sedimentation, and adverse water quality impacts. C. Manage surface water runoff originating upstream of an exposed area to minimize erosion and sediment loss during the period of exposure. D. Install measures to control both the velocity and rate of release so as to minimize erosion and sedimentation of the receiving water body (i.e., ditch, channel, stream) in accordance with regulatory requirements and as directed by the Owner, Construction Manager or the Engineer. E. Periodically clean out and dispose of all sediment and other pollutants as necessary to maintain the treatment capacity of each pollution control feature. Clean out and properly dispose of all sediment and other storm water pollutants at the time of completion of the Work. 1.03 SUBMITTALS A. Provide copies of notices, records and reports required by Paragraph 1.05 as Record Data in accordance with Section 01330, SUBMITTALS. 1.04 STANDARDS A. Provide a storm water pollution prevention plan that complies with Local, State, and Federal requirements. Comply with all requirements of the Texas Commission on Environmental Quality General Permit (TXR150000) for storm water discharges from construction activities under the Texas Pollutant Discharge Elimination System (TPDES) program. Item 18 1850-001-01 OCTOBER 2016 01570 Page 2 of 4 TEMPORARY CONTROLS B. Perform Work to comply with “Best Practice” as established by the North Central Texas Council Of Governments (NCTCOG) integrated Storm Water Management (iSWM) Design Manual for Construction or the local agency of jurisdiction. 1.05 PERMITS A. Post a copy of the Construction Site Notice at the construction site in a location where it is readily available for viewing by the general public and Local, State, and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities. B. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the storm water pollution prevention plan (SWPPP) required under the TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities for all projects. A. Submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving construction site discharge from the Site: a. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. b. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. c. Notice of Termination (NOT) when the construction project has been completed and stabilized. B. Post a copy of the NOI at the construction site in a location where it is readily available for viewing by the general public and Local, State, and Federal authorities prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the storm water pollution prevention plan (SWPPP) required under the TPDES General Permit (TXR150000) for Storm Water Discharges from Construction Activities for all projects. 1.06 POLLUTION CONTROL A. Prevent the contamination of soil, water or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. C. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-Site locations in an acceptable manner. D. Excavate contaminated soil and dispose at an off-Site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. E. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal Site. F. Comply with local, State and Federal regulations regarding the disposal of pollutants. G. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge-contaminated soil is considered contaminated. Contaminated water must not be Item 18 1850-001-01 OCTOBER 2016 01570 Page 3 of 4 TEMPORARY CONTROLS allowed to enter streams or water courses, leave the Site in a non-contained form or enter non-contaminated areas of the Site. H. Pump contaminated water to holding ponds constructed by the Contractor for this purpose, or discharge to areas on the interior of the Site, as designated by the Engineer. I. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. J. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 1.07 EARTH CONTROL A. Stockpile excess soil from the temporary filter excavation, and other earth not required for backfill at the time of generation in location shown on drawings. Control stock pile material to eliminate interference with Contractor and Owner's operations. Provide silt fence around stockpile to prevent run off of soil. Keep spoil material separate from excess soil stockpile. B. Dispose of excess earth not required to refill temporary filter excavation and spoil material off the Site. Pay cost for disposal unless otherwise noted. Provide written approval by the property owner for all disposal on private property, and approval by the Owner if such disposal affects the use of Site or other easements. 1.08 MAINTENANCE OF WATER A. Manage water resulting from rains or ground water at the site. Maintain trenches and excavations free of water at all times. Provide and maintain pumps as necessary to remove excess water. Direct water away from the site to prevent damage to surrounding property. 1.09 MAINTENANCE OF WATER Manage water during construction to make the construction site workable. Prepare and submit a Water Management Plan for approval. The plan shall describe: Methods to be used to manage water at the site. Contingency plans for heavy rains or floods. Procedures to be used in the event of emergencies. A. Perform operations necessary to control water at the site. Lower the water table in the construction area by acceptable means if necessary to maintain the site in a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. B. Maintain standby equipment to provide proper and continuous operation for water management. Monitor the operation on a 24-hour basis to provide continuous operation. C. Modify Water Management Plan as required by the Engineer. In the event of failure of the system, flooding of the excavation may be ordered by the Engineer until the system is returned to service. D. Ensure that water drainage does not damage adjacent property. The Contractor shall be responsible for the discharge of water from the site. Item 18 1850-001-01 OCTOBER 2016 01570 Page 4 of 4 TEMPORARY CONTROLS 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials meeting regulatory requirements. 3.00 EXECUTION 3.01 CONSTRUCTING, MAINTAINING AND REMOVING TEMPORARY CONTROLS A. Construct temporary controls in accordance with regulatory requirements. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary control when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls before the point where they are no longer required. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01700 Page 1 of 4 EXECUTION AND CLOSEOUT REQUIREMENTS SECTION 01700 EXECUTION AND CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED Comply with requirements of the General Conditions and specified administrative procedures in closing out the Construction Contract. 1.02 SUBMITTALS Submit affidavits and releases on forms shown in Section 01316 FORMS. 1.03 SUBSTANTIAL COMPLETION A. Submit written notification that the work or designated portion of the work is substantially complete to the Engineer when the work is considered to be substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the project will be considered to be complete. B. Engineer shall visit the project site to observe the work within a reasonable time after notification is received to determine the status of completion. C. Engineer shall issue notification to the Contractor that the work is either substantially complete or that additional work must be performed before the project may be considered substantially complete. 1. Engineer shall notify the Contractor in writing of items that must be completed before the project can be considered substantially complete. a. Correct the noted deficiencies in the work. b. Issue a second written notice with a revised list of deficiencies when work has been completed. c. Engineer shall revisit the site and the procedure shall begin again. 2. Engineer shall issue a tentative Certificate of Substantial Completion to the Owner when the project is considered to be substantially complete. Certificate shall include a tentative list of items to be corrected before final payment. a. Owner will review and revise the list of items and notify the Engineer of any objections or other items that are to be included in the list. b. Engineer shall prepare and send to the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be corrected or completed. c. Review the list and notify the Engineer in writing of any objections within 10 days of receipt of Certificate of Substantial Completion. 1.04 FINAL INSPECTION A. Submit written certification in the form indicated in Section 01316 FORMS when the project is complete and: 1. Contract Documents have been reviewed. 2. Work has been completed in compliance with the Contract Documents. 3. Equipment and systems have been tested per Contract Documents and are fully operational. 4. Final Operations and Maintenance Manuals have been provided to the Owner and all operators training has been completed. 5. Specified spare parts and special tools have been provided. 6. Work is complete and ready for final inspection. Item 18 1850-001-01 OCTOBER 2016 01700 Page 2 of 4 EXECUTION AND CLOSEOUT REQUIREMENTS B. Engineer shall make an inspection with the Owner and appropriate regulatory agencies to determine the status of completeness within a reasonable time after the receipt of the Certificate. C. Engineer shall issue notice that the project is complete or notify the Contractor that work is not complete or is defective. 1. Submit the request for final payment with Closeout submittals described in Paragraph 1.07 if notified that the project is complete and the work is acceptable. 2. Upon receipt of notification from the Engineer that work is incomplete or defective, take immediate steps to remedy the stated deficiencies. Send a second certification to the Engineer when work has been completed or corrected. 3. Engineer shall re-visit the site and the procedure will begin again. 1.05 RE-INSPECTION FEES A. Pay fees to the Owner to compensate the Engineer for re-inspection of the work required by the failure of the work to comply with the claims of status of completion made by the Contractor. B. Owner may withhold the amount of these fees from the Contractor's final payment. C. Cost for additional inspections will be billed to the Owner by the Engineer for the actual hours required for the inspection and preparation of related reports in accordance with the rates in the Supplemental Conditions 1.06 CLOSEOUT SUBMITTALS TO THE ENGINEER A. Record Drawings per Section 01311, PROJECT COORDINATION. B. Keys and keying schedule. C. Warranties and bonds. D. Evidence of payment or release of liens on the form indicated in Section 01316, FORMS and as required by the General Conditions. E. Releases from property owners of land outside the easement which were used by the Contractor. F. Consent from Surety to Final Payment. G. Equipment installation reports on equipment. H. Shop drawings, record data, Operations and Maintenance Manuals, and other submittals as required by the Contract Documents. I. Specified spare parts and special tools. J. Certificates of Occupancy, operating certificates, or other similar releases required to allow the Owner unrestricted use of the work and access to services and utilities. K. Evidence of final, continuing insurance, and bond coverage as required by the Contract Documents. L. Compile Equipment List on compact disc in Microsoft Excel format containing information indicated in Section 01782.2.01.E Operations And Maintenance Data for all equipment included in the Contract Documents. Equipment List shall be developed using Equipment List Form provided in Section 01316 Forms. Item 18 1850-001-01 OCTOBER 2016 01700 Page 3 of 4 EXECUTION AND CLOSEOUT REQUIREMENTS 1.07 FINAL PAYMENT REQUEST A. Submit a preliminary final payment request. This request is to include adjustments to the Contract Amount for: 1. Approved Change Orders 2. Allowances not previously adjusted by Change Order 3. Unit prices 4. Deductions for defective work that has been accepted by the Owner 5. Penalties and bonuses 6. Deductions for liquidated damages 7. Deductions for re-inspection payments per Paragraph 1.05 8. Other adjustments B. Engineer shall prepare a final Change Order, reflecting the approved adjustments to the contract amount which have not been covered by previously approved Change Orders. C. Submit the final Application for Payment per the General Conditions, including the final Change Order. 1.08 TRANSFER OF UTILITIES A. Transfer utilities to the Owner when the Substantial Completion has been issued, final cleaning has been completed and the work has been accepted by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the work. 1.09 WARRANTIES, BONDS, AND SERVICES AGREEMENTS A. Provide warranties, bonds, and service agreements required by Section 01330, SUBMITTALS or by the individual sections of the specifications. B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Each document is to be signed by the respective manufacturer, supplier, and subcontractor. 2. Each document is to include: a. The product or work item description b. The firm, with the name of the principal, address, and telephone number c. Scope of warranty, bond or services agreement d. Date, duration, and expiration date for each warranty bond and service agreement e. Procedures to be followed in the event of a failure f. Specific instances that might invalidate the warranty or bond D. Submit two copies of each document to the Engineer for review and transmittal to the Owner. 1. Submit duplicate sets. 2. Documents are to be submitted on 8-1/2" x 11" paper, punched for a standard three-ring binder. 3. Submit each set in a commercial quality three-ring binder with a durable and cleanable plastic cover. The title "Warranties, Bonds, and Services Agreements", the project name and the name of the Contractor are to be typed and affixed to the cover. E. Submit warranties, bonds and services agreements: 1. At the time of final completion and before final payment. Item 18 1850-001-01 OCTOBER 2016 01700 Page 4 of 4 EXECUTION AND CLOSEOUT REQUIREMENTS 2. Within 10 days after inspection and acceptance for equipment or components placed in service during the progress of construction. 1.10 CLAIMS AND DISPUTES Claims and disputes must be resolved prior to recommendations of final payment. Acceptance and final payment by the Contractor will indicate that any outstanding claims or disputed issues have been resolved to the full satisfaction of the Contractor. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 01750 Page 1 of 3 STARTING AND ADJUSTING SECTION 01750 STARTING AND ADJUSTING 1.00 GENERAL 1.01 WORK INCLUDED A. Provide step-by-step procedures for starting provided systems, including equipment, pumps and processes. B. Provide pre-start up inspections by equipment manufacturers. C. Provide instruction and demonstration of operation, adjustment, and maintenance of each system and the component parts. D. Place each system in service and operate the system to prove performance and to provide for initial correction of defects in workmanship, calibration, and operation. E. Provide for initial maintenance and operation. 1.02 SUBMITTALS A. Provide Submittals in accordance with Section 01330, SUBMITTALS: 1. Provide a Plan of Action for testing, checking, and starting major equipment and process piping systems. Submit reports as required by this specification. 2. Provide Equipment Installation Reports on form shown in SECTION 01316, FORMS per Section 01330, SUBMITTALS. 3. Provide Operation and Maintenance Manuals per Section 01782, OPERATION AND MAINTENANCE DATA. 1.03 STANDARDS A. Comply with any standards associated with the testing or start-up of equipment, as listed in the various sections of the specifications. 1.04 SPECIAL JOB CONDITIONS A. Do not start or test any apparatus until the complete unit has been installed and thoroughly checked. B. Furnish the services of a representative of the Supplier to witness tests and start-up procedures as required by these specifications. 1.05 SERVICE OF MANUFACTURER’S REPRESENTATIVE A. The Contract Price for the Project shall include the cost of furnishing competent and experienced personnel who shall represent the manufacturers and shall assist the CONTRACTOR, when required, to renovate or install, adjust, and test the equipment in conformity with the Contract Documents. B. After the equipment is placed in permanent operation by the CONTRACTOR, such personnel shall make all adjustments and tests required to prove that such equipment is in proper and satisfactory operating condition and shall instruct the OWNER's representatives in the proper operation and maintenance of such equipment or system. Item 18 1850-001-01 OCTOBER 2016 01750 Page 2 of 3 STARTING AND ADJUSTING 2.00 PRODUCTS 2.06 TESTING INSTRUMENTATION A. Furnish any instrumentation or other testing devices needed to conduct tests. 3.00 EXECUTION 3.01 SERVICES OF SUPPLIER'S REPRESENTATIVES A. Provide the services of a Supplier's representative for inspection, supervision of installation, and training. Supplier’s representative must be an experienced and competent technical (not sales) representative of the Supplier. B. Perform installation, adjustment, and testing of the equipment under the direct supervision of the Supplier's representative where specified. C. Provide the services of the Supplier's representative to instruct the Owner or his authorized personnel on operational procedures and maintenance requirements. D. Include the cost of the services of the Supplier's representative in the equipment price which is included in the Contract Price. 3.02 INSPECTION AND START-UP A. Inspect equipment prior to placing any equipment or system into operation. Make adjustments as necessary for proper operation. 1. Check for adequate and proper lubrication. 2. Determine that parts or components are free from undue stress from structural members, piping or anchorage. 3. Adjust equipment for proper balance and operations. 4. Determine that vibrations are within acceptable limits. 5. Determine that equipment operates properly under full load conditions. 6. Determine that the equipment is in true alignment. B. Have the Supplier's representative present when the equipment is placed in operation. 1. The Supplier is to be on Site as often as necessary for proper and trouble free operation. 2. Ensure that the proper procedure is employed in start-up of systems. C. Provide Equipment Installation Reports for Equipment on the form indicated in Section 01316, FORMS. 1. Certify that the equipment and related appurtenances have been thoroughly examined and approved for start-up and operation. 2. Include the date when Owner's personnel were instructed in the proper operation and maintenance of the equipment in the report. 3.03 STARTING REQUIREMENTS A. Refer to the individual sections of the specifications for specific start up procedures. 3.04 INITIAL OPERATION A. Start, test, and place equipment and systems into operation for 30 days to allow the Owner and Engineer to observe the operation and overall performance of the equipment and to determine that controls function as intended. B. Equipment which operates on a limited or part-time basis shall be operated in the presence of the Engineer to demonstrate that controls function as specified. Item 18 1850-001-01 OCTOBER 2016 01750 Page 3 of 3 STARTING AND ADJUSTING C. Perform acceptance test as specified in individual specification sections. Demonstrate that equipment and systems meet the specified performance criteria. D. Unless specifically stated otherwise in the individual equipment specifications, equipment and systems are not Substantially Complete until the end of this initial operation period. If an exception to this requirement is specifically noted in an individual equipment specification, the exception shall only apply to that particular piece of equipment and not to the remaining components provided under the project. 3.05 INITIAL MAINTENANCE A. Maintain equipment until the project is accepted by the Owner. 1. Ensure that mechanical equipment is properly greased, oiled, or otherwise cared for as recommended by the Supplier. 2. Operate air handling equipment only when filters are in place and are clean. Change filters weekly during construction. B. Service equipment per the Supplier's instructions immediately before releasing the equipment to the Owner. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 01782 Page 1 of 3 OPERATIONS AND MAINTENANCE DATA SECTION 01782 OPERATION AND MAINTENANCE DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Prepare a complete and detailed Operation and Maintenance Manual for each type and model of equipment or product furnished and installed under this contract. B. Prepare the manuals in the form of an instruction manual for the Owner. The manual is to be suitable for use in providing operation and maintenance instruction as required by Section 01 75 00, STARTING AND ADJUSTING. C. Provide complete and detailed information specifically for the products or systems provided for this project. Include the information required to operate and maintain the product or system. D. Manuals are to be in addition to any information packed with or attached to the product when delivered. This information is to be taken from the product and provided as an attachment to the manual. 1.02 SUBMITTALS A. Submit manuals in accordance with Section 01 33 00, SUBMITTALS. Attach to each manual a copy of the Operation and Maintenance Manual Review Form as shown in Section 01 31 13.13 FORMS with pertinent information completed. 1.03 GUARANTEES A. Provide copies of the Manufacturer's warranties, guarantees, or service agreements in accordance with Section 01 70 00, EXECUTION AND CLOSEOUT REQUIREMENTS. 2.00 PRODUCTS 2.01 MATERIALS A. Print manuals on heavy, first quality paper. 1. Paper shall be 8-1/2" X 11" paper. a. Reduce drawings and diagrams to 8-1/2" X 11" paper size. b. When reduction is not practical, fold drawings and place each separately in a clear, super heavy weight, top loading polypropylene sheet protector designed for ring binder use. Provide a typed identification label on each sheet protector. 2. Punch paper for standard three-ring binders. B. Place manuals in Wilson Jones 385 Line D-Ring Dubllock Presentation Binders. 1. Binders are to have clear front, back, and spine covers. 2. Sheet lifters are to be provided. 3. Minimum size is 2" capacity. Maximum size is 3" capacity. C. Provide tab indexes for each section of the manual. 1. Indexes are to be constructed of heavy-duty paper with a reinforced binding edge and punched with 9/32" holes to fit the binders. 2. Index is to have clear insertable tabs for a typed insert. D. Provide indexed PDF version of manual on a CD. Item 18 1850-001-01 OCTOBER 2016 01782 Page 2 of 3 OPERATIONS AND MAINTENANCE DATA E. Provide an Equipment List using Equipment List Form, Section 01 31 13.13 Forms, on compact disc in Microsoft Excel format which includes all information required by Paragraph 3.03 3.00 EXECUTION 3.01 MANUAL ORGANIZATION AND CONTENTS A. Provide a Table of Contents listing each section of the manual for each product or system. 1. Identify each product or system using the nomenclature shown in the Contract Documents. 2. Assign a number and letter to each section in the manual. a. Assign a number to each product or system. The number is to correspond to the Owner's equipment numbering system or other system designated by the Engineer. b. A cross reference is to be provided for the Owner's numbering system and designations for equipment indicated in the Contract Documents. c. The letter assigned will represent the part of the manual, consistent with the manual contents as required by Paragraphs 3.02, 3.03, and 3.04. 3. Provide index tabs for each section in the manual. 4. The designation on each index tab is to correspond to the number and letter assigned in the Table of Contents. B. Include only the information that pertains to the product described. Annotate each sheet to: 1. Clearly identify the specific product or component installed. 2. Clearly identify the data applicable to the installation. 3. Delete reference to inapplicable information. C. Supplement manual information with drawings as necessary to clearly illustrate relations of component parts of equipment and systems, and control and flow diagrams. D. Identify each manual by placing a printed cover sheet in the front cover of the binder and as the first page in the manual. The first page is to be placed in a clear polypropylene sheet protector. The information on first page and the cover page are to include: 1. Name of Owner 2. Project Name 3. Volume number 4. The Table of Contents for that volume E. Insert the Table of Contents into the spine of each manual. F. Manuals for several products or systems may be provided in the same binder. 1. Sections for each product or system must be included in the same binder. 2. Sections must be in numerical order from volume to volume. G. Correlate the data into related groups when multiple binders are used. H. Fill binders to only 3/4 of its indicated capacity to allow for addition of materials to each binder by the Owner. 3.02 EQUIPMENT AND SYSTEMS MANUAL CONTENT A. Manual shall provide the following information: 1. A description of the unit and component parts. 2. Operating instructions for startup, normal operations, regulation, control, shutdown, emergency conditions, and limiting operating conditions. 3. Maintenance instructions including assembly, installation, alignment, adjustment, and checking instructions. Item 18 1850-001-01 OCTOBER 2016 01782 Page 3 of 3 OPERATIONS AND MAINTENANCE DATA 4. Lubrication schedule and lubrication procedures. Include a cross reference for recommended lubrication products. 5. Troubleshooting guide. 6. Schedule of routine maintenance requirements. 7. Description of sequence of operation by the Control Manufacturer. 8. Warnings for detrimental maintenance practices. 9. Parts lists including: a. Outline, cross section and assembly drawings, engineering data, test data, and performance curves. b. Control schematics and point to point wiring diagrams prepared for field installation, including circuit directories of panel boards and terminal strips. c. Other information as may be required by the individual sections of the specifications. 3.03 EQUIPMENT LIST A. Provide Equipment List Form, Section 01 31 13.13 Forms, on compact disc in Microsoft Excel format containing the following information for all equipment included in the Contract Documents. 1. Equipment Number complying with Owner’s Tagging Standard. Contact NTMWD Project Manager for copy of standard. 2. Description of Equipment including type, location, model number and serial number. 3. Routine Maintenance: a. Lubrication Schedule. b. Maintenance Schedule. 4. Warranty Period start and end dates. 3.04 LIST OF SERVICE ORGANIZATIONS A. Provide a directory of authorized service organizations with company name, address, telephone number, and the contact person for warranty repair. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02085 Page 1 of 2 VALVE BOXES, METER BOXES, AND METER VAULTS SECTION 02085 VALVE BOXES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Valve boxes. 1.3 REFERENCES A. ASTM International (ASTM): 1. A 48 - Specification for Gray Iron Castings. 2. C 891 – Practice for Underground Precast Concrete Utility Structures 3. D 256 - Test Methods for Determining the Izod Pendulum Impact Resistance of Plastics. 4. D 638 - Test Method for Tensile Properties of Plastics. 5. D 648 - Test Method for Deflection Temperature of Plastics Under Flexural Load in the Edgewise Position. 6. D 790 - Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. 7. D 2240 - Test Method for Rubber Property-Durometer Hardness. 1.4 SUBMITTALS A. Product Data: Provide construction details, material descriptions, dimensions of individual components and profiles, rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories. PART 2 - PRODUCTS 2.1 VALVE BOXES A. Description: 1. Cast iron/ductile iron, slide-type valve box. 2. Include top section, adjustable extension of length required for depth of burial of valve, plug with lettering "WATER," and bottom section with base that fits over valve and with a barrel approximately 5 inches in diameter. 3. Operating Wrenches: Steel, tee-handle with one pointed end, stem of length to operate deepest buried valve, and socket matching valve operating nut. PART 3 - EXECUTION 3.1 EARTHWORK A. Refer to Division 2 Section 02260 “Trench Excavation Safety Protection System” for safety requirements for excavation and trenching operations. B. Refer to Division 2 Section 02240 “Dewatering” for control of underground water. C. Refer to Division 2 Section 02320 "Excavation, Trenching, and Backfilling for Utilities” for excavating, trenching, and backfilling. 1. In unpaved areas, slope backfill around meter boxes and vaults to provide a uniform slope 1-to-5 slope from top to natural grade. Item 18 1850-001-01 OCTOBER 2016 02085 Page 2 of 2 VALVE BOXES, METER BOXES, AND METER VAULTS 2. In paved areas, slope concrete down from meter box or vault to meet adjacent paved area. 3.2 VALVE BOXES A. Install riser pipe with suitable length for depth of cover indicated on Drawings or to accommodate actual finish grade. 1. Install with bell on top of valve 2. Place riser pipe in plumb, vertical position B. Install valve box and riser piping plumbed in a vertical position. Provide 6-inches telescoping freeboard space between riser pipe top butt end, and interior contact flange of valve box, for vertical movement damping. Riser (bell end of pipe) shall rest on valve. C. After valve box has been set, aligned, and adjusted so that lid is level with final grade, pour a 24-inch by 24-inch by 8-inch-thick concrete block around valve box for asphalt pavement only. Center valve box horizontally within concrete block. D. Paint covers of new valve boxes black. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 02221 Page 1 of 3 SELECTIVE DEMOLITION SECTION 02221 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 WORK INCLUDED A. The work performed under this section of the Specifications shall consist of the demolition and removal of 1) 12-inch PVC pipe required to install proposed ductile iron piping, fittings and valves, and 2) existing 6 ft wide sidewalk. The structures, equipment, piping, etc., which are affected by this section, are generally indicated on the Plans. Plans for the existing facilities are available for review at the offices of the OWNER and ENGINEER. 1.3 SUBMITTALS A. The CONTRACTOR shall submit proposed demolition and removal procedures for review by the ENGINEER at least three (3) weeks prior to the proceeding with this item. CONTRACTOR shall verify the location and extent of items to be demolished prior to submitting this proposed demolition plan. Extents of demolition and removal, location of capped and/or disconnected utilities, and all other pertinent information shall be shown on the Project Record documents to be delivered to the ENGINEER as described in Section 01330. B. Proposed Protection Measures: Submit informational report, including drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, for dust control, and for noise control. Indicate proposed locations and construction of barriers. Adjacent Facilities: Detail special measures proposed to protect adjacent facilities to remain. 1.4 EXISTING CONDITIONS A. All demolition procedures shall be conducted so as to minimize interference with adjacent structures and plant operations and access. CONTRACTOR shall provide, erect and maintain temporary barriers and safety devices. 1.5 DEFINITIONS A. Demolish: Completely remove and legally dispose of off-site. B. Recycle: Recovery of demolition waste for subsequent processing in preparation for reuse. C. Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner. Include fasteners or brackets needed for reattachment elsewhere. 1.6 MATERIALS OWNERSHIP A. Unless otherwise indicated, demolition waste becomes property of Contractor. B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. Carefully salvage in a manner to prevent damage and promptly return to OWNER. Item 18 1850-001-01 OCTOBER 2016 02221 Page 2 of 3 SELECTIVE DEMOLITION 1.7 QUALITY ASSURANCE A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ANSI A10.6 and NFPA 241. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 PREPARATION A. CONTRACTOR shall protect existing landscaping, appurtenances and structures which are not to be demolished. CONTRACTOR shall prevent the movement or settling of structures and piping adjacent to demolition areas, providing bracing and shoring as required. 3.2 PROTECTION A. Existing Facilities: Protect adjacent walkways, loading docks, building entries, and other facilities during demolition operations. Maintain exits from existing facilities. B. Existing Utilities: Maintain utility services to remain and protect from damage during demolition operations. 1. Do not interrupt existing utilities serving adjacent occupied or operating facilities unless authorized in writing by Owner and authorities having jurisdiction. C. Temporary Protection: Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction, and as indicated. Comply with requirements in Division 1 Section 01500 "Temporary Facilities and Controls." 1. Protect adjacent buildings and facilities from damage due to demolition activities. 2. Protect existing site improvements, appurtenances, and landscaping to remain. 3. Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 4. Provide protection to ensure safe passage of people around building demolition area and to and from occupied portions of adjacent buildings and structures. 5. Protect walls, windows, roofs, and other adjacent exterior construction that are to remain and that are exposed to building demolition operations. 3.3 DEMOLITION/REMOVAL A. The demolition or removal of all structural components, equipment, utilities, and pipelines shall be accomplished in conjunction with the Special Procedures (Section 01350) and as described in the Plans and as approved by the OWNER. B. Piping shown on the Plans to be removed shall be removed to the limits indicated on the Plans. C. Electrical wiring to demolished facilities shall be disconnected at both ends and removed prior to demolition. All associated labels shall be removed. Conduits shall be cut cleanly and capped at the limit of the excavation/demolition and marked on record drawings. D. Equipment to be removed by the CONTRACTOR shall have anchor bolts cut off 1-inch below the concrete surface which remains. Grout shall be placed over and cutoff bolts. Existing pipe connections which are to be reused shall have flanges cleaned and new bolts and gasket sets furnished. Piping which remains, as well as sumps, trenches, etc., shall be protected during demolition activities to prevent debris from entering them. Cut ends of pipe Item 18 1850-001-01 OCTOBER 2016 02221 Page 3 of 3 SELECTIVE DEMOLITION shall be ground smooth, cleaned, and painted per Section 09000 and 09900, to 6 inches back from cut. E. Where existing walls and/or slabs are to be sawcut or cored and portions removed, the openings shall be painted to protect exposed rebar unless specified otherwise on drawings. F. Structures, pipelines and appurtenances shall be demolished in an orderly and careful manner. If adjacent structures, piping, etc., appear to be endangered by demolition activities, CONTRACTOR shall cease operations and notify ENGINEER immediately. Operations shall not be resumed until corrective measures have been taken. G. Materials or equipment removed by the CONTRACTOR in conjunction with demolition or modification activities shall become the property of the CONTRATOR unless indicated by the OWNER to be returned. CONTRACTOR shall remove items to be reinstalled or retained in such a manner to prevent damage. The CONTRACTOR shall transport items to be retained at a location on the treatment plant site to be designated by the OWNER. Unless otherwise noted on the Plans, demolished piping shall become the property of the CONTRACTOR and shall be promptly moved offsite. H. Unless otherwise noted or approved by OWNER in writing, no materials shall be burned or buried on site, and no explosives shall be used for demolition. I. Cleaning of concrete prior to pouring concrete or grout shall be performed in accordance with Division 3 specifications. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02240 Page 1 of 3 DEWATERING SECTION 02240 DEWATERING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes construction dewatering. B. Related Sections: 1. Division 2 Section 02300 "Earthwork Materials" for excavating, backfilling, site grading, and for site utilities. 1.3 PERFORMANCE REQUIREMENTS A. Dewatering Performance: Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control hydrostatic pressures and to lower, control, remove, and dispose of ground water and permit excavation and construction to proceed on dry, stable subgrades. 1. Delegated Design: Design dewatering system, including comprehensive engineering analysis by a qualified professional engineer in the state where the Project is to be constructed, using performance requirements and design criteria indicated. 2. Continuously monitor and maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. 3. Prevent surface water from entering excavations by grading, dikes, or other means. 4. Accomplish dewatering without damaging existing buildings, structures, and site improvements adjacent to excavation. 5. Remove dewatering system when no longer required for construction. 1.4 SUBMITTALS A. Action Submittal. Provide shop drawings for dewatering system. Show arrangement, locations, and details of wells and well points; locations of risers, headers, filters, pumps, power units, and discharge lines; and means of discharge, control of sediment, and disposal of water. B. Delegated-Design Submittal: For dewatering system indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation. C. Informational submittals 1. Qualification Data: For qualified Installer, land surveyor and professional engineer as applicable. 2. Field quality-control reports. 3. Other Informational Submittals: a. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by dewatering operations, if applicable. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer that has specialized in design of dewatering systems and dewatering work. B. Regulatory Requirements: Comply with governing notification regulations before beginning dewatering. Comply with hauling and disposal regulations of authorities having jurisdiction. Item 18 1850-001-01 OCTOBER 2016 02240 Page 2 of 3 DEWATERING 1.6 PROJECT CONDITIONS A. Interruption of Existing Utilities: As applicable, do not interrupt any utility serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility according to requirements indicated: 1. Notify Engineer no fewer than two (2) days in advance of proposed interruption of utility. 2. Do not proceed with interruption of utility without ENGINEER’s written permission. B. Project-Site Information: A geotechnical report has been prepared for this Project and is available for information only. The opinions expressed in this report are those of geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by geotechnical engineer. Owner will not be responsible for interpretations or conclusions drawn from this data. 1. Make additional test borings and conduct other exploratory operations necessary for dewatering. 2. The geotechnical report is referenced elsewhere in the Project Manual. C. Survey Work: If applicable, engage a qualified land surveyor or professional engineer to survey adjacent existing buildings, structures, and site improvements, establishing exact elevations at fixed points to act as benchmarks. Clearly identify benchmarks and record existing elevations. 1. During dewatering, regularly resurvey benchmarks, maintaining an accurate log of surveyed elevations for comparison with original elevations. Promptly notify Architect if changes in elevations occur or if cracks, sags, or other damage is evident in adjacent construction. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. 1. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared subgrades, and from flooding site and surrounding area. 2. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. B. Install dewatering system to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. C. Provide temporary grading to facilitate dewatering and control of surface water. D. Monitor dewatering systems continuously. E. Promptly repair damages to adjacent facilities caused by dewatering. F. Protect and maintain temporary erosion and sedimentation controls 3.2 INSTALLATION A. Install dewatering system utilizing wells, well points, or similar methods complete with pump equipment, standby power and pumps, filter material gradation, valves, appurtenances, water disposal, and surface-water controls. 1. Space well points or wells at intervals required to provide sufficient dewatering. 2. Use filters or other means to prevent pumping of fine sands or silts from the subsurface. Item 18 1850-001-01 OCTOBER 2016 02240 Page 3 of 3 DEWATERING B. Before excavating below ground-water level, place system into operation to lower water to specified levels. Operate system continuously until drains, sewers, and structures have been constructed and fill materials have been placed or until dewatering is no longer required. C. Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Install sufficient dewatering equipment to drain water-bearing strata above and below bottom of foundations, drains, sewers, and other excavations. 1. Do not permit open-sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope instability. D. Reduce hydrostatic head in water-bearing strata below subgrade elevations of foundations, drains, sewers, and other excavations. 1. Unless otherwise specified in the Geotechnical Report, maintain piezometric water level a minimum of 24 inches below surface of excavation. E. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water and sediment in a manner that avoids inconvenience to others. Provide sumps, sedimentation tanks, and other flow-control devices as required by authorities having jurisdiction. F. Provide standby equipment on site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. 1. Remove dewatering system from Project site on completion of dewatering. Plug or fill well holes with sand or cut off and cap wells a minimum of 36 inches below overlying construction. G. Damages: Promptly repair damages to adjacent facilities caused by dewatering operations. 3.3 FIELD QUALITY CONTROL A. Observation Wells: When shown on Drawings, provide, take measurements, and maintain at least the minimum number of observation wells or piezometers indicated; additional observation wells may be required by authorities having jurisdiction. 1. Observe and record daily elevation of ground water and piezometric water levels in observation wells. 2. Repair or replace, within 24 hours, observation wells that become inactive, damaged, or destroyed. In areas where observation wells are not functioning properly, suspend construction activities until reliable observations can be made. Add or remove water from observation-well risers to demonstrate that observation wells are functioning properly. 3. Fill observation wells, remove piezometers, and fill holes when dewatering is completed. B. Provide continual observation to ensure that subsurface soils are not being removed by the dewatering operation. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02260 Page 1 of 1 EXCAVATION SUPPORT AND PROTECTION SECTION 02260 TRENCH EXCAVATION SAFETY PROTECTION SYSTEM PART 1 - GENERAL 1.1 DESCRIPTION A. This item will consist of the basic requirements which the CONTRACTOR must comply with in order to provide for the safety and health of workers in a trench. The CONTRACTOR shall develop, design and implement the trench excavation safety protection system. The CONTRACTOR shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. Trench safety system shall be submitted to the OWNER prior to beginning any excavations on-site. 1.2 GENERAL A. The trench excavation safety protection system shall be used for all trench excavations deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this Specification. The CONTRACTOR shall, in addition, comply with all other applicable federal, state and local rules, regulations and ordinances. The design of the trench excavation safety protection system shall be performed by or under the supervision of a Professional Engineer licensed to practice in the State of Texas. 1.3 MEASUREMENT AND PAYMENT A. All methods used for a trench excavation safety protection system shall be measured by the linear foot paid at the unit price included in the CONTRACTOR's Schedule of Values, which shall be total compensation for furnishing design, materials, tools, labor equipment, and incidentals necessary, including removal of the system. B. Measurement for pipeline trench excavation safety protection system shall be based on the linear feet along the centerline of the pipeline trench. Measurement for structural trench excavation safety protection system shall be based on the linear feet around the outside perimeter of the structure's walls. C. Where pipelines intersect structures, measurement for the pipeline shall begin/end at the outside of the structure's wall. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02300 Page 1 of 8 EARTHWORK SECTION 02300 EARTHWORK MATERIALS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section provides the requirements for materials used for preparation of roadway fill, subgrade and base; structural subgrade and backfill; utility subgrade, bedding, embedment, and backfill; embankment and levee subgrade and fill; and other related work. 1.3 SUBMITTALS A. Submittals for Review. 1. Samples: As required by Engineer, provide one-gallon sample in a sealed container. 2. Contractor Design Mix Determination: Submit proposed design mix design for Controlled Low Strength Material and preliminary results demonstrating the mix design achieves required compressive strength. B. Submittals for Information. 1. Source of Materials: Submit name and location of source of materials. 2. Off-Site Borrow Source: Prior to furnishing off-site borrow (soils), provide notarized certification from the landowner stating to the best of landowner’s knowledge and belief, the borrow source has never been contaminated by hazardous and/or toxic waste materials. 3. Certified Analysis: Submit test results by independent laboratory of material compliance with specifications. Results shall not be more than 30 days old. 1.4 REFERENCES A. Definitions. 1. Well-Graded: A mixture of particle sizes that has no specific concentrations or lack thereof of one or more sizes producing a material type which, when compacted, B. Reference Standards: Following are standards that may be referenced in this Section. 1. American Concrete Institute, ACI 229. – Controlled Low Strength Materials. 2. ASTM International (ASTM): a. C33 – Standard Specification for Concrete Aggregate. b. C40 – Standard Test Method for Organic Impurities in Fine Aggregates for Concrete. c. C88 – Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate. d. C94 – Standard Specification for Ready-Mixed Concrete. e. C117 – Standard Test Method for Material Finer than 75 Micrometer (No. 200) Sieve in Mineral Aggregates by Washing. f. C127 – Standard Test Method for Density, Relative Density (Specific Gravity), and Adsorption of Coarse Aggregates. g. C131 – Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. h. C136 – Standard Test Method for Sieve Analysis of Fine and coarse Aggregates. i. C142 – Standard Test Method for Clay Lumps and Friable Particles in Aggregates. Item 18 1850-001-01 OCTOBER 2016 02300 Page 2 of 8 EARTHWORK j. C150 – Standard Specification for Portland Cement. k. C535 – Standard Test Method for Resistant to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. l. C618 – Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Concrete. m. D75 – Standard Practice for Sampling Aggregates. n. D448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction. o. D1140 – Standard Test Method for Amount of Materials in Soils Finer than the No. 200 (75 micrometer) Sieve. p. D2487 – Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). q. D2940 – Standard Specification for Graded Aggregate Material for Bases or Subbases for highways or Airports. r. D2974 – Standard Test Method for Moisture, Ash, and Organic Matter of Peat and other Organic Soils. s. D4221 – Standard Test Method for Dispersive Characteristics of Clay Soil by Double hydrometer. t. D4318 – Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. u. D4832 – Standard Test Method for Preparation and Testing of Controlled Low Strength Material (CLSM) Test Cylinders. v. D5084 – Standard Test Methods for Measurement of Hydraulic Conductivity of Saturated Porous Materials using a Flexible Wall Permeameter. w. E-11 – Standard Specification for Wire-Cloth and Sieves for Testing Purposes. 3. Public Works Construction Standards, North Texas Council of Governments (NCTCOG). 4. Texas Department of Transportation, Standard Specifications for Construction of Highways, Streets, and Bridges (TxDOT). a. TxDOT Item 247 “Flexible Base” 5. Texas Department of Transportation, Manual of Testing Procedures (TEX): a. TEX-110-E “Particle Size Analysis of Soils” b. TEX-116-E “Ball Mill Method for Determining the Disintegration of Flexible Base Material” c. TEX-117-E “Triaxial Compression for Disturbed Soils and Base Materials” d. TEX-411-A “Soundness of Aggregate Using the Los Angeles Machine” e. TEX-460-A “Determining Crushed Face Particle Count” 1.5 DELIVERY, STORAGE AND HANDLING A. Storage and Protection. 1. Stockpile excavated materials and imported materials in designated areas or in areas approved by ENGINEER. Clearly identify stockpiles. 2. Lightly compact top and slop stockpiles to prevent excessive erosion and ponding of water. 3. Store and handle materials in a manner to prevent contamination. B. Erosion and Sedimentation Control: Provide silt fences and surface drainage control at material stockpile areas in accordance with the Storm Water Permit. PART 2 - PRODUCTS 2.1 GENERAL A. Various site preparation, earthwork, trenching, and roadway subgrade and base Sections reference the materials listed in the following paragraphs. Not all materials listed are referenced in the Sections for this Project. Item 18 1850-001-01 OCTOBER 2016 02300 Page 3 of 8 EARTHWORK B. Sampling of materials shall be in accordance with ASTM D75. 2.2 GRANULAR MATERIAL A. Granular material shall be free flowing, such as sand or hydraulically graded crushed stone fines, or mixed sand and gravel, or sandy loam. The material shall be free from lumps, stones over 2-inches in diameter, clay and organic matter. The imported material shall be classified as GW, GP, GM, GC, SW, or SP according to Unified Soil Classification System, ASTM D2487. 2.3 COARSE AGREGATE A. Coarse aggregate shall consist of gravel, crushed gravel, and crushed stone. It shall consist of sound and durable particles, free from frozen materials or injurious amounts of salts, alkali, organic matter of other material either free or as adherent coating, and reasonably well graded between the prescribed limits listed below when tested in accordance with ASTM C136. B. Abrasion: It shall have a wear of not more than 40 percent when tested in accordance with ASTM C131 or ASTM C535. C. Soundness: When material is subjected to five (5) cycles of the sodium sulfate soundness test in accordance with ASTM C88, the weighted percentage of loss shall not exceed 12 percent. D. Amount of material finer than 75-micrometer (No. 200) sieve: Coarse aggregate for embedment shall contain not more than one percent by weight organic matter (other than native bitumen), clays, loam or pebbles coated therewith, and shall contain not more than five percent by weight on any one or combination of slate, schist or soft particles of sandstone. E. Each class of aggregate gradation shall comply with the applicable gradation limits listed in Table No. 1, when tested in accordance with ASTM C136. Table No. 1 – Coarse Aggregate Gradation Sieve Size Aggregate Size No. 467 (1-1/2 to No. 4) Aggregate Size No. 4 (1-1/2 to 3/4 in.) Aggregate Size No. 57 (1 in. to No. 4) Aggregate Size No. 67 (3/4 in. to No. 4) Aggregate Size No. 8 (3/8 in. to No. 8) Amounts Finer than Each Laboratory Sieve Mass Percent 2 in. 100 100 ----- ----- ----- 1-1/2 in. 95 to 100 90 to 100 100 ----- ----- 1 in. ---- 20 to 55 95 to 100 100 ----- 3/4 in. 35 to 70 0 to 5 ----- 90 to 100 ----- 1/2 in. ---- ----- 25 to 60 ----- 100 3/8 in. 10 to 30 0 to 5 ----- 20 to 55 85 to 100 No. 4 0 to 5 ----- 0 to 10 0 to 10 10 to 30 No. 8 ---- ----- 0 to 5 0 to 5 0 to 10 No. 16 ---- ----- ----- ----- 0 to 5 Aggregate Size Number and gradation is in accordance with ASTM C33 and ASTM D448. 2.4 FINE AGGREGATE A. Fine aggregate shall consist of natural sand, manufactured sand, or a combination thereof, complying with the requirements for abrasion, soundness, and impurities as specified for coarse aggregate. B. The fine aggregate gradation shall comply with the applicable gradation limits, when tested in accordance with ASTM C136. Fine aggregate shall not have more than 45% passing any sieve and retained on the next consecutive sieve shown in Table No. 2 and, it fineness modulus shall not be less than 2.3 nor more than 3.1. Item 18 1850-001-01 OCTOBER 2016 02300 Page 4 of 8 EARTHWORK Table No. 2 – Fine Aggregate Gradation Sieve Percent Passing 3/8 in. 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 5 to 30 No. 100 0 to 10 Gradation in accordance with ASTM C33 Fine Aggregate C. Plasticity index shall be less than 6 for material passing No. 30 sieve 2.5 NATURAL GRAVEL A. Natural gravel shall consist of uncrushed stones, washed and screened, complying with the requirements for abrasion, soundness, and impurities as specified for coarse aggregate. B. The fine aggregate gradation shall comply with the gradation limits listed in Table No. 3, when tested in accordance with ASTM C136. Table No. 3 – Natural Gravel Gradation Passing or Retained on Sieve Percent by Weight Passing 1-1/2 in. 100 Retained on 3/4 in. 100 2.6 CRUSHED STONE FOR FOUNDATION A. Crushed stone for foundations shall comply with the requirements for abrasion, soundness, and impurities as specified for coarse aggregate. B. The fine aggregate gradation shall comply with the gradation limits listed in Table No. 4, when tested in accordance with ASTM C136. Table No. 4 – Crushed Stone Gradation Passing or Retained on Sieve Percent by Weight Passing 5 in. 100 Retained on 2 in. 100 2.7 SAND A. Sand shall consist of clean, hard, durable, uncoated grains, free from lumps and organic material. All particles shall pass a No. 8 sieve and the material shall have a plasticity index of 12 or less. 2.8 PEA GRAVEL A. Pea Gravel: Conforming to ASTM C33, Aggregate Size No. 8, and coarse aggregate graded with 100 percent passing a 3/8-inch sieve and 90 percent retained on a No. 4 sieve. 2.9 CONCRETE ENCASEMENT A. Provide Ready mixed concrete prepared in accordance with ASTM C94. Select and proportion ingredients to obtain a minimum compressive strength of 3,000 psi at 28 days. Item 18 1850-001-01 OCTOBER 2016 02300 Page 5 of 8 EARTHWORK B. Materials: 1. Cement: ASTM C150, Type I or Type II. 2. Aggregate: ASTM C33, Size 67 or similar. 3. Fly Ash (if used): ASTM C618, Class C. 4. Water: Clean, potable, free of odor, organics, and deleterious materials. C. Slump: Not less than one-inch, cushion portion of embedment; one to three inches for the sides and top of encasement. 2.10 CONTROLLED LOW STRENGTH MATERIAL (FLOWABLE FILL) A. Ready mixed flowable fill is a blend of cement, fly ash, fine aggregate, and water. It is designed as a low strength, flowable material requiring no subsequent vibration or tamping to achieve 100% consolidation. B. Unless indicted otherwise, select and proportion ingredients to obtain compressive strength between 50 and 150 psi at 28 days in accordance with ASTM D4832 C. Materials: 1. Cement: ASTM C150, Type I, II, or III. 2. Aggregate: ASTM C33, Size 8 or fine aggregate. 3. Fly Ash (if used): ASTM C618, Class C. 4. Water: Clean, potable, free of odor, organics, and deleterious materials. D. The flowable fill mixture shall be mixed either in a pug mill, concrete mixer, or transit mixer and shall a minimum slump of five (5) inches. 2.11 CEMENT-SOIL BACKFILL A. Mixture of Portland cement and sand complying with the requirements of Division 2 Section “Cement-Soil Backfill”. 2.12 FLEXIBLE BASE A. Material Type: Unless otherwise specified, provide either crushed or crushed gravel as described below: 1. Crushed Stone produced and graded from oversize quarried aggregate that originates from a single, naturally occurring source. Do not use gravel or multiple sources. 2. Crushed Gravel with a minimum of 60% of the particles retained on a No. 4 sieve with two or more crushed faces as determined by TEX-460-A, Part I. Blending of two or more sources is allowed. B. Material Grade: Unless other specified on the Drawings, aggregate used as flexible base material, shall comply with the requirements listed in Table 5, Grade 2. Do not use additives such as, but not limited to lime, cement, or fly ash to modify aggregate to meet requirements of Table 5, unless shown on the Drawings. Item 18 1850-001-01 OCTOBER 2016 02300 Page 6 of 8 EARTHWORK Table No. 5 – Flexible Base Material Property Test Method Grade 1 Grade 2 Grade 3 Master Gradation Sieve Size (% Retained) Tex-110- E 2-1/2 inch --- 0 0 1-3/4 inch 0 0 - 10 0 - 10 7/8-inch 10 – 35 --- --- 3/8-inch 30 – 50 --- --- No. 4 45 – 65 45 – 75 45 - 75 No. 40 70 - 85 60 - 85 50 -85 Liquid Limit % Max. ASTM D4318 35 40 40 Plasticity Index % Max. 10 12 12 Wet Ball Mill1 Maximum Tex-116- E 40 45 --- Wet Ball Mill, % Max. increase passing No. 40 20 20 --- Classification2 Tes-117- E 1.0 1.1 to 2.3 --- Minimum Compressive Strength2, psi at: Lateral Pressure 0 psi 45 35 --- Lateral Pressure 15 psi 175 175 --- Foreign Material, % Max. 1 1 1. When soundness value required by Drawings, test material in accordance with Tex-411-A. 2. Meet both the classification and the minimum compressive strength, unless otherwise shown on the Drawings. 3. For work under TxDOT jurisdiction the flexible base material shall comply with the requirements of TxDOT Item 247, “Flexible Base”, Type A, Grade 2, or Type C, Grade 2, unless otherwise indicted on the Drawings. 2.13 SELECT FILL A. Select fill shall be gravel, fine stone cuttings, sand, sandy loam, or loam free from excessive clay. Stone cuttings shall have no dimension greater than two-inches. Use approved material excavated from site or imported material. B. Select fill shall have a liquid limit of 35 or less; plasticity index between 5 and 18; and gradation approximately the limits indicated in Table No. 6. Maximum aggregate size: 1-3/4 inches. Table No. 6 – Select Fill Retained on Sieve Percent by Weight No. 4 25 to 50 No. 40 50 to 85 No. 200 30 to 50 2.14 IMPERVIOUS CLAY FILL A. Impervious clay fill shall be placed as indicated on the Drawings. The material shall not be used as backfill against walls of structures except in the upper two feet. Item 18 1850-001-01 OCTOBER 2016 02300 Page 7 of 8 EARTHWORK B. The material shall consist of soil materials classified as CH or CL in accordance with ASTM D2487; have a minimum liquid limit of 40; have a minimum plasticity index of 20; have a minimum of 50 percent by weight passing a No. 200 sieve; and shall be free of organics or other deleterious materials. C. The material shall have a percent dispersion of less than 20 when tested in accordance with ASTM D4221. The material, when compacted to the recommended moisture and density, shall have permeability less than 1x E-06 cm/s (1 ft/yr), as determined by remolded specimens of the actual materials proposed, in accordance with ASTM D5084. 2.15 SITE FILL A. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, SW, SP, and SM, or a combination of these groups; free of rock or gravel larger than 3-inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. B. Material shall have a liquid limit of 40 or less; plasticity index between 4 and 20; and gradation approximately the limits indicated in Table No. 7. Table No. 7 – Site Fill Retained on Sieve Percent by Weight No. 4 Less than 35 No. 200 Less than 65 2.16 TOP SOIL A. Material shall be natural friable loam; free of subsoil, roots, grasses, and excessive amount of weeds, stone, and foreign matter. B. Material shall have a acidity range (pH) between 5.5 to 7.5; an organic matter content between 4 to 25 % in accordance with ASTM D2974; and a gradation complying with Table No. 8. Table No. 8 – Top Soil Retained on Sieve Percent by Weight No. 4 Less than 35 No. 200 Less than 65 2.17 UNCLASSIFIED EXCAVATION A. All material excavated from site not meeting the requirements for materials specified above. 2.18 MATERIAL QUALITY CONTROL A. Sampling of material stockpiles and material sources shall be in accordance with ASTM D75. B. Perform gradation analysis in accordance with ASTM C136 for: 1. Coarse and fine aggregate, natural gravel, crushed stone for foundation, sand, select fill, impervious clay fill, earth fill, and topsoil. C. Perform abrasion testing in accordance with ASTM C131 or ASTM C535. 1. Coarse and fine aggregate and when requested by ENGINEER for natural gravel and crushed stone for foundation. D. Soundness testing in accordance with ASTM C88. 1. Coarse and fine aggregate and when requested by ENGINEER for natural gravel and crushed stone for foundation. Item 18 1850-001-01 OCTOBER 2016 02300 Page 8 of 8 EARTHWORK E. Deleterious materials determination in accordance with ASTM C40, C117, and C142. 1. Coarse and fine aggregate and when requested by ENGINEER for natural gravel and crushed stone for foundation. F. Determine liquid limit and plasticity index in accordance with ASTM D4318. 1. Sand for particles passing No. 8 sieve, select fill, impervious clay fill, and earth fill. G. Determine pH of topsoil in accordance with ASTM D2974. H. Determine permeability (hydraulic gradient) in accordance with ASTM D5084 and percent dispersion in accordance with ASTM D4221 of impervious clay fill materials. I. Provide tests results showing flowable fill mix design achieves desired compressive strength. 2.19 CONTAMINATION TESTING AND CERTIFICATION A. The CONTRACTOR shall arrange and pay for the services of an EPA approved laboratory to perform a toxic contaminant scan of composite borrow material samples furnished to the site which shall be representative of each separate borrow source in accordance with the U.S. Environmental Protection Agency protocol for the list of contaminants described in 40 CFR, Part 261, Appendix VIII and by EPA Methods SW-846. All costs for contamination testing and certification shall be considered subsidiary to construction, and no separate payment will be made. B. The CONTRACTOR, prior to proceeding to furnish soil borrow to the site, shall submit copies of the results of the laboratory scan to the ENGINEER. The test results shall indicate whether the presence of contaminants is above EPA acceptable levels. Any potential off-site borrow on which scan test results indicate the presence of contaminants above background levels will be rejected as an off-site soil borrow source. C. The laboratory performing the scan test for contaminants for the CONTRACTOR shall provide a written certification along with the test, which states that the laboratory is EPA approved and that the tests were performed according to EPA guidelines. D. The CONTRACTOR shall obtain a written, notarized certification from the landowner, supplier or manufacturer of each proposed offsite borrow source stating that to the best of the landowner’s, supplier’s, or manufacturer’s knowledge and belief, there has never been contamination of the borrow source site with hazardous or toxic materials. The CONTRACTOR prior to proceeding to furnish soil materials to the site shall submit these certifications to the ENGINEER. The lack of such certification on a potential offsite soil borrow sources will be cause for rejection of that source. E. Soil materials derived from the excavation of underground petroleum storage tanks shall not be used as fill on this project PART 3 - EXECUTION (NOT USED) END OF SECTION Item 18 1850-001-01 OCTOBER 2016 02320 Page 1 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SECTION 02320 TRENCHING, BACKFILLING, AND COMPACTING PART 1 - GENERAL 1.1 WORK INCLUDED A. Trenching for the pipeline as well as subsequent embedment, backfill and compaction operations, necessary to install the pipe and electrical underground conduit as specified. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. ASTM D698: Moisture Density Relationship of Soils using a 5.5 lb. Hammer and a 12-inch drop. 2. ASTM C131: Resistance to Degradation of small sizes and coarse aggregates by abrasion and impact in the Los Angeles Machine. 3. ASTM D4253-00 Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table. 4. ASTM D4254-00 Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. 5. ASTM D1557-00 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3(2,700 kN-m/m3)). 6. ASTM D2922-01 Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). 1.3 PROTECTION A. Protect trees, shrubs and lawn areas to receive planting, and other features remaining as part of final landscaping. B. Protect benchmarks and existing structures, roads, sidewalks, paving and curbs against damage from vehicular or foot traffic. Install and maintain bridging, planking and cants to provide access to Work. C. Protect excavations by shoring, bracing, sheet piling, underpinning, or by other methods, as required to prevent cave-ins or loose dirt from falling into excavations. D. Underpin or otherwise support adjacent structures which may be damaged by excavation Work. This includes service lines and pipe chases. E. Notify ENGINEER of any unexpected subsurface conditions. F. Where damage could result from continuing Work, discontinue Work in area until ENGINEER notifies the CONTRACTOR of required modifications. G. Protect bottom of excavations and soil around and beneath foundations from frost and freezing. H. Grade around trenches to prevent surface water runoff into excavated areas. I. Protect above or below grade utilities including lateral lines, sprinkler system lines, and all other lines which are to remain. The cost of replacing damaged lines is to be borne by the CONTRACTOR. 1.4 SUBMITTALS A. Submittals for Review. 1. Product Data: Submit manufacturer’s literature for marking tapes to be used. 2. Samples: Provide two (2) one gallon samples of imported materials to be used for inspection and testing by ENGINEER, when requested. B. Submittals for Information. Item 18 1850-001-01 OCTOBER 2016 02320 Page 2 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES 1. Certified Gradation Analysis: Submit not less than 30 days prior to delivery for imported materials or anticipated to be used for trench stabilization, bedding, backfill within the pipe zone, and backfill above the pipe zone. 2. Certified Testing Analysis: Liquid limits, plasticity index, and other parameters for materials showing compliance with specified limits. 3. Flowable Fill: Certified mix design and test results. Include material types and weight per cubic yard for each component of mix. PART 2 - PRODUCTS 2.1 BED AND FILL MATERIALS A. A. Embedment: Crushed Stone for Concrete, CCFRPM and Ductile Iron Pipe Embedment: 1. Crushed stone embedment shall consist of angular sound, durable stone material graded between the prescribed limits: Sieve Size Percent Retained 2" 0 1-1/2" 0 to 5 3/4" 30 to 65 3/8" 70 to 90 No. 4 95 to 100 2. Crushed stone embedment shall not contain more than 1 percent by weight of organic matter, loam, or clays, or more than 5 percent by weight of any one or combination of slate, shale, schist, or soft particles of sandstone. 3. The percent of wear shall not exceed 40 percent when tested in accordance with ASTM C131. B. Embedment: TXI No. 10 CHAT 1. Granular bedding for concrete pipe, PVC pipe, flexible pipe, fiberglass manholes and fiberglass structures shall be TXI No. 10 Chat with the following gradation: Sieve Size Percent Retained 1/2" 0 3/8" 0-5 1/4" 20-40 No. 4 45-80 No. 10 97-100 No. 20 98-100 C. Backfill: 1. Granular backfill shall be sand or hydraulically graded crushed stone fines, or mixed sand and gravel or sandy loam. The material shall be free from lumps, stone over 1-inch in size, clay, and organic matter. 2. The plasticity index of the fraction passing the No. 40 sieve shall not exceed 10. D. Select Material: 1. Select Materials shall be gravel, fine rock cuttings, sand, sandy loam or loam free from excessive clay. 2. Select Material shall have a liquid limit less than 40 and a plasticity index less than 20 for the fraction passing the No. 40 sieve. 3. The percent passing the No. 200 sieve shall not be greater than 35 percent. 4. Select material may be excavated on site or borrowed from an outside source. E. Site Backfill: 1. Material excavated on site excluding large rock or borrowed from an outside source. F. Topsoil: Item 18 1850-001-01 OCTOBER 2016 02320 Page 3 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES 1. Imported topsoil shall be friable loam free from subsoil, roots, grass, weeds, stones and foreign matter. 2. Use topsoil stockpiled on site. G. Unclassified Material: 1. All material excavated on site, not meeting the requirements for topsoil, or fill material. H. Concrete 1. Concrete shall conform to Section 03 30 00. I. In addition to all other requirements, material furnished for use as backfill material in the pipe zone for ductile iron, concrete steel cylinder and steel pipe shall have a resistivity of not less than 5,000 ohms-cm. Any material found to have a resistivity less than that required by this specification shall be removed from the project and disposed at the CONTRACTOR's expense. Pipe zone is defined as the zone from the bottom of the excavated trench to 1-foot above the top of the pipe. J. Crushed Stone for Trench Foundation 1. Where crushed stone or coarse gravel is required for drainage of water away from the trench foundation, restorage of trench foundation, or other purposes, it shall be angular crushed stone with the following grading requirements: Sieve Size Percent Retained 5" 0 2" 100 PART 3 - EXECUTION 3.1 PREPARATION AND LAYOUT; AND CLEARING AND GRUBBING A. Preparation and Layout 1. Establish extent of excavation by line and elevation. Designate and identify datum elevations. 2. Set required lines and levels. 3. Maintain benchmarks, monuments and other reference points. B. Clearing and Grubbing 1. The CONTRACTOR shall do all clearing and grubbing necessary for construction operations. All trees, branches, limbs, and roots shall be removed and disposed of by the CONTRACTOR so as to leave the OWNER right-of-way in a neat and presentable condition. Clearing and grubbing shall be accomplished so as not to injure or damage adjacent property. The blade of the machine used for clearing and grubbing outside the permanent easement, but within the temporary construction easement shall be kept slightly above the ground surface to protect grass roots. Within the limits of the permanent easements, all stumps, roots, etc., shall be removed to a depth of at least two (2) feet below the existing ground surface. Any and all damages outside the limits of the construction right-of-way shall be paid and settled by the CONTRACTOR at his expense. 2. The CONTRACTOR shall strive to save all trees within the limits of the project. The CONTRACTOR shall abide by all conditions set forth in the Contract Documents and site certificate documents. 3. All materials cleared and grubbed shall be disposed of properly. At the time of final acceptance of the project, the work shall be neat and satisfactory in appearance, free from all weeds, brush, rubbish, stumps, and bushes. 4. No separate measurement and payment will be made for clearing and grubbing but will be considered subsidiary to work required for the project. 3.2 UTILITIES A. Known underground utilities are indicated on the Drawings. Item 18 1850-001-01 OCTOBER 2016 02320 Page 4 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES B. Before starting excavation, establish the location and extent of underground utilities occurring in the work area. C. As excavation approaches utilities, hand excavate to uncover utilities. D. Notify the ENGINEER for direction for removal and/or relocation of utility companies' lines which are in the way of excavation. E. Maintain, re-route or extend as required existing utility lines to remain which pass through the work area with the approval of the OWNER. Relocations are at the CONTRACTORS cost. F. Protect active utility services uncovered by excavation. G. Accurately locate and record abandoned and active lines rerouted or extended on Project Record Documents. 3.3 TRENCHING A. Ensure trenching does not interfere with normal 45 degree bearing splay of any foundation. B. Excavate in accordance with lines and grades. Excavated material shall be placed adjacent to the work to be used for backfilling if the material meets specifications for embedment and/or backfill. C. Trench depths and grading are calculated to provide adequate cover over pipes. Notify ENGINEER if adequate cover is lacking and correct as directed by ENGINEER. D. Cut trenches sufficiently wide to enable proper installation of services and to allow for inspection. Trim and shape trench bottoms and leave free of irregularities, lumps and projections. Over excavated trench depths shall be filled to the proper grade with crushed rock at no additional cost to the OWNER. E. Trench width in the pipe zone (pipe zone designated as the zone from the trench bottom to at least one (1) foot above the top of the pipe) shall be vertical. The walls of the excavation above this specifically designated pipe zone may be laid back where room permits, as necessary, and shall be constructed as required by the safety laws of OSHA, federal, state, municipal and any other agency having jurisdiction over the Work. F. The maximum width of the trench excavation in the pipe zone shall be no more than 18 inches wider than the outside diameter of the pipe barrel. Whenever the prescribed maximum trench width is exceeded, the CONTRACTOR shall use the next higher class of embedment and the next higher class of pipe, at no additional cost to the OWNER. G. The minimum width of the trench excavation throughout the pipe zone shall be the outside diameter of the pipe barrel plus 12 inches (6 inches on either side of the pipe). H. Do not disturb soil within branch spread of existing trees or shrubs that are to remain. If it is necessary to excavate through roots, perform work by hand and cut roots with a sharp axe. I. When complete, request the ENGINEER to inspect excavations. Correct unauthorized excavation as directed, at no cost to the OWNER. J. The trench shall be excavated to an even grade to permit the installation of the pipe in such a manner that the full length of the pipe barrel is supported on the proper depth of granular embedment material. The entire foundation area in the bottom of all excavations shall be firm, stable material, and material shall not be disturbed below required grade except as described in this article. Where the character of the foundation materials is such that a proper foundation cannot be obtained at the elevation indicated on the Plans, then, when directed by the OWNER in writing, the CONTRACTOR shall deepen the excavation to where a satisfactory foundation can be obtained. K. If the subgrade is soft, spongy, or disintegrated, the materials shall be removed until a firm, stable and uniform bearing is reached and the subgrade brought back to the required grade with crushed stone embedment material compacted in place or with concrete. If the unsatisfactory subgrade condition is due to the CONTRACTOR's failure to make a proper provision for adequate drainage or dewatering of excavations, the expense of replacing any unsatisfactory subgrade shall be borne by the CONTRACTOR. However, if, in the opinion of Item 18 1850-001-01 OCTOBER 2016 02320 Page 5 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES the OWNER, the unsatisfactory subgrade condition is not the result of the failure of the CONTRACTOR to provide adequate drainage, bailing or pumping facilities and the OWNER orders in writing that the CONTRACTOR make additional excavation and replace unsatisfactory subgrade material with crushed stone embedment material or Class B concrete, then compensation will be made for the additional expense incurred at the unit price provided in the Proposal. L. Unsuitable excavated subsoil including perishable, spongy material, large rock, or other material designated by the OWNER shall not be used in backfilling. Unsuitable material shall be disposed of by the CONTRACTOR in a manner approved by the OWNER. 3.4 SHEETING AND SHORING A. In caving ground or in wet, saturated or flowing or otherwise unstable materials, the sides of all trenches and excavations shall be adequately sheeted and braced, to maintain the excavation from slides or cave-ins and to provide safety for workmen. B. Sheeting, shoring, and bracing shall be removed unless otherwise approved by the ENGINEER. Removal of sheeting, shoring, and bracing shall be performed in a manner to prevent damage to new or existing structures and to avoid cave-ins or sliding of the banks. All holes and voids from the sheeting shall be immediately and completely filled and compacted with suitable materials. All costs associated with the abandonment of sheeting, shoring and bracing shall be borne by the CONTRACTOR. 3.5 DEWATERING A. Keep trenches dry. Provide necessary equipment including pumps, piping and temporary drains. Groundwater levels shall be maintained at least three (3) feet below the base of the excavation for the duration of construction. B. Direct surface drainage away from excavated areas. Provisions shall be made for the satisfactory disposal of water pumped to prevent damage to public or private property. C. Control the grading in and adjacent to excavations to prevent water running into excavated areas or onto adjacent properties or thoroughfares. D. Furnish and operate suitable pumps on a 24-hour basis to keep excavations free of water until services have been placed and backfilling is completed. 3.6 BEDDING A. Manually place and compact bedding material in loose lift layers not exceeding 8 inches. B. Manually shape bedding material to conform to pipe barrel and bell or flanges such that the entire length of the pipe barrel is supported by the bedding material. C. Granular backfill and embedment materials shall be placed as shown on the drawings and compacted in 8-inch loose lift layers to a minimum depth of 12 inches over the top of the pipe. 3.7 BACKFILLING A. Do not start backfilling until services have been inspected. B. Ensure trenches are free of building debris, snow, ice, and water and that ground surfaces are not in a frozen condition. C. Backfill systematically and as early as possible to allow maximum time for natural settlement and compaction. D. Place and compact backfill materials in continuous layers according to the method of compaction used. Use a method which will not disturb or damage services. No excessively large rocks (1-inch or larger) or debris of any sort shall be used as backfill. E. Maintain optimum moisture content (optimum to 2 percent wet of optimum) of fill materials so as to attain required compaction density. Item 18 1850-001-01 OCTOBER 2016 02320 Page 6 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES F. Acceptable backfill from the excavation shall be placed from twelve inches over the pipe to the surface. G. Pipe supported on piers that is installed below grade shall have a minimum 12 inches of backfill around pipe consisting of select material as specified herein with no rocks, stones, clods, etc., larger than 1-inch in size. H. H. Excavated unsuitable material and excess material shall be disposed of by the contractor off site and at an approved location. 3.8 COMPACTION A. Compact embedment materials with hand-operated mechanical compaction devices. B. All embedment material, which includes material placed in trench bottom for pipe foundation, and all backfill material within the pipe zone shall be compacted to a minimum of 95 percent of maximum dry density defined by ASTM D698 or to a minimum of 75 percent relative density determined by ASTM D4253 and D4254, whichever is applicable. C. Outside Paved Areas: Backfill materials shall be thoroughly compacted by mechanical or pneumatic tamping in layers not to exceed 9 inches in compacted thickness. Care must be taken to avoid pipe damage. Compact backfill material to 85 percent (minimum) standard Proctor (ASTM D698). D. Within Paved Areas: Backfill under roads shall be mechanically or pneumatically compacted to 95 percent of maximum dry density as defined as ASTM D698 in layers not exceeding 6 inches of compacted thickness. E. Remove and replace improperly compacted backfill material at no cost to OWNER. F. Water jetting for consolidation will not be permitted. G. Compact backfill and embedment materials at moisture contents of optimum to 2 percent wet of optimum for cohesive materials and as necessary to achieve specified density for noncohesive materials. CONTRACTOR shall provide compaction tests at a minimum of every 150 feet of trench length per lift (as directed by the OWNER) and as deemed necessary by the CONTRACTOR to ensure adequate compaction is being achieved. CONTRACTOR'S compaction tests shall be performed at CONTRACTOR'S sole expense and will be considered subsidiary to construction. H. Additional Compaction tests at intervals of 500 feet of trench length and vertical intervals of 10 feet of backfill depth may be directed by the OWNER at the OWNER'S expense. If OWNER provided tests determine that the embedment or backfill does not meet the required density the CONTRACTOR shall recompact the embedment until densities are met, or shall remove all embedment and add new embedment to meet the densities. The CONTRACTOR shall pay the cost of all additional retesting required by the OWNER. I. Field Density Testing 1. Embedment Test Section: The CONTRACTOR shall coordinate with the OWNER trial test sections. The trial test section shall consist of at least two sections (joints, lengths) of pipe. The pipe shall be installed and the CONTRACTOR shall use his proposed method of placing and compacting the embedment. At least one length of pipe shall be carefully removed to allow the integrity of the embedment along the haunches and below the pipe to be evaluated visually and by in-place density testing to verify that the CONTRACTOR's method will achieve the specified density and uniformity of the embedment. Additional test sections shall be performed for all different embedment materials, of if the CONTRACTOR proposes to change methods of placement and compaction. The means, methods, and techniques of placement and compaction shall be the sole responsibility of the CONTRACTOR, and the test sections shall be considered only as a means to verify that the CONTRACTOR's methods are capable of achieving the specified density. The actual quality of the embedment and backfill, as compacted, shall be the responsibility of the CONTRACTOR and satisfactory results from the test section(s) and field density tests shall not be considered as a guarantee of the quality of the CONTRACTOR's embedment and backfill operations. Item 18 1850-001-01 OCTOBER 2016 02320 Page 7 of 7 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES 3.9 CLEAN UP A. Remove surplus fill and spoil materials. 3.10 SUBMITTALS A. Submit the following information in accordance with the requirements of Section 01 33 00. 1. Shop Drawings a. Submit detailed sieve analysis data on embedment and backfill material to be placed in pipe zone. 2. Certified Test Report a. Submit soil resistivity for backfill material to be placed in pipe zone. 3. Sample a. Submit sample of materials to be used in pipe zone. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02675 Page 1 of 4 DISINFECTION OF POTABLE WATER PIPING AND TANKS SECTION 02675 DISINFECTION OF POTABLE WATER PIPING AND TANKS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Disinfection of water piping for potable water. 2. Testing. 3. Bacteriological and Disinfection Reports. 1.3 REFERENCES A. American Water Works Association (AWWA): 1. C651 – Standard for Disinfecting Water Mains. 2. C652 – Standard for Disinfection of Water Storage Facilities. 3. C653 – Standard for Disinfection of Water Treatment Plants. 1.4 QUALITY ASSURANCE A. Testing Laboratory: State Health Department certified approved for examination of drinking water in compliance with applicable legislation of the State of Texas. B. Piping, tanks, and equipment to be cleaned and disinfected shall be isolated from the finished water (potable water) at all times and shall be placed into service by the OWNER following receipt of acceptable test reports. C. Regulatory Requirements: Conform to applicable Texas Department of Health Rules and Regulations for Public Water Systems for work of this section. 1.5 SUBMITTALS A. Submit a schedule of the proposed sequence for cleaning and method of sterilization to be used or list of the equipment to be used, and the sterilizing agent and quantities to be used, location and/or sizes of fill, blown down connections, sources of test water, and proposed plan to dispose of test water. B. Disinfection Report: Accurately record the items listed below and submit five (5) copies of the report. 1. Type and form of disinfection used. 2. Date and time of disinfectant injection start and time of completion. 3. Test locations. 4. Initial and 24-hour disinfectant residuals (quantity in treated water) in ppm for each outlet tested. 5. Date and time of flushing in ppm for each outlet tested. C. Bacteriological Report: Accurately record the items listed below and submit five (5) copies of the report. 1. Data issued, project name, and testing laboratory name, address, and telephone number. 2. Time and date of water sample collection. 3. Name of person collecting samples. 4. Test locations. 5. Initial and 24-hour disinfectant residuals in ppm for each outlet tested. 6. Coliform bacteria test results for each outlet tested. Item 18 1850-001-01 OCTOBER 2016 02675 Page 2 of 4 DISINFECTION OF POTABLE WATER PIPING AND TANKS 7. Certification that water conforms, or fails to conform, to bacterial standards of Texas Department of Health. 8. Bacteriologist's signature. PART 2 - PRODUCTS 2.1 REQUIREMENTS A. Provide all equipment, temporary connections, taps, valves, piping, pumps, hoses, chemicals, and test equipment to accomplish the work, including taps to line. Provide adequate provisions to the line for sampling. B. Disinfection agents shall be chlorine solution prepared from sodium hypochlorite, or calcium hypochlorite. C. After completion of purging and disinfection, remove surplus pipe at the chlorination and sampling locations, plug the remaining pipe, back, and complete all appurtenant work required to secure the pipeline. PART 3 - EXECUTION 3.1 GENERAL A. CONTRACTOR shall exercise care at all times during construction to prevent contaminated material from entering the structures and pipelines in the raw, settled, filtered, finished, and potable water system. B. All facilities and piping designed to hold or transport process water shall be cleaned, including piping, basins, and channels, prior to disinfection. C. The finished water piping, together with valves and meters, all potable water, service water, and chemical piping shall be disinfected with chlorine solution as specified herein following cleaning and testing. All surfaces shall be cleaned or washed and disinfected, even though there is no visible evidence of necessity thereof. D. Disinfection shall be in accordance with the applicable disinfection procedure described in AWWA C651, AWWA C652, AWWA C653, and AWWA C654, as well as in accordance with the Rules and Regulations for Public Water Systems of the Texas Commission on Environmental Quality and the requirements of this section. Where conflicts exist, the ENGINEER shall determine the appropriate procedures. 3.2 PIPELINE DISINFECTION A. Preparation: Verify that piping system has been cleaned, inspected, and pressure tested. Flush out line, completely replacing its entire volume with potable water. B. Purging: Purging may be accomplished by flushing. 1. Flushing Method: If the "flushing" method of purging is used, the CONTRACTOR shall be required to prepare the main by installing blow-offs at locations and sized as directed by the Project Representative. a. In general, this shall consist of furnishing all equipment, material and labor to satisfactorily install blow-offs of sizes shown in Table 1: Item 18 1850-001-01 OCTOBER 2016 02675 Page 3 of 4 DISINFECTION OF POTABLE WATER PIPING AND TANKS Table 1 Flushing Method Blow-Off Requirements Size Main Size Blow-Off 2 to 8 inches 1-1/2 inches 10 to 12 inches 4 inches 16 inches to 24 inches 6 inches 30 inches and greater 10 inches b. Before disinfection, flush all foreign matter from the pipeline. Provide hoses, temporary pipes, ditches, etc., as required to dispose of flushing water without damage to adjacent properties. Flushing velocities shall be at least 2.5 fps. For large diameter pipe where it is impractical or impossible to flush the pipe at 2.5 fps velocity, clean the pipeline in-place from the inside by brushing and sweeping, then flush the line at a lower velocity. c. After flushing is complete and satisfactory test results are received at the direction of the Resident Project Representative, the CONTRACTOR shall proceed with disinfection. C. Disinfection: Disinfection of the pipeline shall be accomplished by the “continuous feed” method of the “slug” method in accordance with the OWNER or regulatory agency requirements. The free chlorine amounts shown are the minimum and calcium hypochlorite granulated shall be used as the source of chlorine. 1. Continuous Feed Method: a. Water from the existing disinfection system or other approved source shall be controlled to flow into the section to be sterilized at a constant rate. b. Inject treatment disinfectant at a point not more than 10-feet downstream from the beginning of the new conduit through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. c. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly, and the rate of application of the chlorinating agent shall be in such proportion of the rate of water entering the line that the chlorine dose applied to the water entering the line and released at the opposite end shall have a minimum chlorine concentration of 100-mg/L or a level determined by TECQ. d. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Use check valves if necessary. e. All valves shall then be closed and the chlorine solution shall remain in the line for a minimum of 24 hours. f. Operate all valves, hydrants, and other appurtenances during disinfection to assure that the disinfecting mixture is dispersed into all parts of the line, including dead ends, and similar areas that otherwise may not receive the disinfecting solution. g. Do not allow the chlorinated water to flow into conduits in ‘active’ services. h. A minimum residual of 10-mg/L free chlorine shall be present in the main following the 24-hour holding period. i. The water shall remain in the conduit until the chlorine residual is less than 4 mg/L. after this residual is achieved the water may be discharged into the drainage system. j. Remove the chlorine solution and flush the line with potable water. Comply with regulations and obtain necessary approvals for disposal or discharge of chlorine solution and flushing water. 2. Slug Method: a. Water from the existing disinfection system or other approved source shall be controlled to flow into the section to be sterilized at a constant rate. b. Inject treatment disinfectant at a point not more than 10-feet downstream from the beginning of the new conduit through a corporation stop or other approved connection inserted in the horizontal axis of the newly laid pipe. Item 18 1850-001-01 OCTOBER 2016 02675 Page 4 of 4 DISINFECTION OF POTABLE WATER PIPING AND TANKS c. Water entering the conduit shall receive a dose of chlorine such that the water shall have not less than 100-mg/L free chlorine. The chlorine shall be applied continuously and for a sufficient time to develop a solid column or “slug” of chlorinated water that shall expose all interior surfaces to the “slug” for at least 3-hours. d. Operate all valves, hydrants, and other appurtenances during disinfection to assure that the disinfecting mixture is dispersed into all parts of the line, including dead ends, and similar areas that otherwise may not receive the disinfecting solution. e. Do not allow the chlorinated water to flow into conduits in ‘active’ services. f. The heavy chlorinated water shall be flushed from the system and disposed of in an approved manner. D. Sampling: 1. The OWNER will take samples from the sterilized line through a suitable point in accordance with AWWA C651 (not at a fire hydrant) and submit to the testing laboratory. 2. Provide analysis and testing of treated water for bacteriological quality in accordance with AWWA C651. 3. Two (2) consecutive set of acceptable samples shall be, taken at least 24 hours apart, shall be collected from the new conduit. 4. At least one (1) set of samples shall be collected from every 1000 linear-feet of new conduit, plus one (1) set from the end of the line and at least one (1) set from each branch. 5. The sterilized portion of the line shall be placed in service, if the results of two consecutive tests conform to the bacterial standards. 6. If the samples show unsatisfactory quality, the sterilization process shall be repeated until satisfactory results are obtained. E. Replace permanent system devices removed for disinfection. F. Scheduling: Perform scheduling and disinfection activity with startup, testing, adjusting, and balancing, and demonstration procedures, including coordination with related systems. 3.3 DISPOSAL OF DISINFECTING WATER A. The disinfecting water shall be dechlorinated before being released to natural drainage ways in accordance with AWWA C652. Release neutralized disinfecting water at a controlled rate so at not to damage downstream facilities. B. CONTRACTOR shall coordinate with OWNER to dispose of disinfecting water to the sewer. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 02764 Page 1 of 3 PAVEMENT, JOINT SEALANTS SECTION 02764 PAVEMENT, JOINT SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies the pavement joint sealants used for sealing expansion and contraction joints within cement concrete pavement; joints between concrete pavement and adjacent work; and joints between cement concrete and asphalt pavement. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Product certificates. 1.4 REFERENCES A. ASTM International (ASTM): 1. C920 – Specification for Elastomeric Sealants 2. C1193 – Guide for Use of Joint Sealants 3. D3405 – Specification for Joint Sealants, Hot-Applied, for Concrete and Asphalt Pavements 4. D3406 – Specification for Joint Sealant, Hot-Applied, Elastomeric-Type, for Portland Cement Concrete Pavements 5. D3569 – Specification for Joint Sealant, Hot-Applied, Elastomeric, Jet-Fuel- Resistance-Type for Portland Cement Concrete Pavement 6. D3581 – Specification for Joint Sealant, Hot-Poured, Jet-Fuel-Resistance-Type, for Portland Cement Concrete and Tar-Concrete Pavements 7. D5249 – Specification for Backer Materials for Use with Cold- and Hot-Applied Joint Sealants in Portland Cement concrete and Asphalt Joints 8. D5893 – Specification for Cold applied, Single Component, Chemically Curing silicone joint Sealant for Portland Cement Concrete Pavements PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in other Part 2 articles. 2.2 MATERIALS, GENERAL A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer based on testing and field experience. 1. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate tests and field tests. B. Colors of Exposed Joint Sealants: As selected by ENGINEER from manufacturer's full range. Item 18 1850-001-01 OCTOBER 2016 02764 Page 2 of 3 PAVEMENT, JOINT SEALANTS 2.3 COLD-APPLIED JOINT SEALANTS A. Multi-component Jet-Fuel-Resistant Sealant for Concrete: Pourable, chemically curing elastomeric formulation complying with the following requirements for formulation and with ASTM C 920 for type, grade, class, and uses indicated: 1. Urethane Formulation: Type M; Grade P; Class 12-1/2; Uses T, M, and, as applicable to joint substrates indicated, O. a. Available Product: 1) Pecora Corporation; Urexpan NR-300. 2. Coal-Tar-Modified Polymer Formulation: Type M; Grade P; Class 25; Uses T and, as applicable to joint substrates indicated, O. a. Available Product: 1) Meadows, W. R., Inc.; Sealtight Gardox. 3. Bitumen-Modified Urethane Formulation: Type M; Grade P; Class 25; Uses T, M, and, as applicable to joint substrates indicated, O. a. Available Product: 1) Tremco Sealant/Waterproofing Division; Vulkem 202. B. Single-Component Jet-Fuel-Resistant Urethane Sealant for Concrete: Single-component, pourable, coal-tar-modified, urethane formulation complying with ASTM C 920 for Type S; Grade P; Class 25; Uses T, M, and, as applicable to joint substrates indicated, O. 1. Available Products: a. Sonneborn, Div. of ChemRex, Inc.; Sonomeric 1. C. Type NS Silicone Sealant for Concrete: Single-component, low-modulus, neutral-curing, non-sag silicone sealant complying with ASTM D 5893 for Type NS. 1. Available Products: a. Crafco Inc.; RoadSaver Silicone. b. Dow Corning Corporation; 888. D. Type SL Silicone Sealant for Concrete and Asphalt: Single-component, low-modulus, neutral curing, self-leveling silicone sealant complying with ASTM D 5893 for Type SL. 1. Available Products: a. Crafco Inc.; RoadSaver Silicone SL. b. Dow Corning Corporation; 890-SL. E. Multi-component Low-Modulus Sealant for Concrete and Asphalt: Proprietary formulation consisting of reactive petropolymer and activator components producing a pourable, self- leveling sealant. 1. Available Products: a. Meadows, W. R., Inc.; Sof-Seal. 2.4 HOT-APPLIED JOINT SEALANTS A. Jet-Fuel-Resistant Elastomeric Sealant for Concrete: Single-component formulation complying with ASTM D 3569. 1. Available Products: a. Crafco Inc.; Superseal 444/777. b. Meadows, W. R., Inc.; Poly-Jet 3569. B. Jet-Fuel-Resistant Sealant for Concrete and Tar Concrete: Single-component formulation complying with ASTM D 3581. 1. Available Products: a. Crafco Inc.; Superseal 1614A. b. Meadows, W. R., Inc.; Poly-Jet 1614. c. Meadows, W. R., Inc.; Poly-Jet 3406. d. Meadows, W. R., Inc.; Poly-Jet 3569. C. Elastomeric Sealant for Concrete: Single-component formulation complying with ASTM D 3406. 1. Available Products: a. Crafco Inc.; Superseal 444/777. b. Meadows, W. R., Inc.; Poly-Jet 3406. Item 18 1850-001-01 OCTOBER 2016 02764 Page 3 of 3 PAVEMENT, JOINT SEALANTS D. Sealant for Concrete and Asphalt: Single-component formulation complying with ASTM D 3405. 1. Available Products: a. Koch Materials Company; Product No. 9005. b. Koch Materials Company; Product No. 9030. c. Meadows, W. R., Inc.; Sealtight Hi-Spec. 2.5 JOINT-SEALANT BACKER MATERIALS A. General: Provide joint-sealant backer materials that are non-staining; are compatible with joint substrates, sealants, primers, and other joint fillers; and are approved for applications indicated by joint-sealant manufacturer based on field experience and laboratory testing. B. Round Backer Rods for Cold- and Hot-Applied Sealants: ASTM D 5249, Type 1, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. C. Backer Strips for Cold- and Hot-Applied Sealants: ASTM D 5249; Type 2; of thickness and width required to control sealant depth, prevent bottom-side adhesion of sealant, and fill remainder of joint opening under sealant. D. Round Backer Rods for Cold-Applied Sealants: ASTM D 5249, Type 3, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. PART 3 - EXECUTION 3.1 INSTALLATION A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with joint-sealant manufacturer's written instructions. B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. C. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants as applicable to materials, applications, and conditions indicated. D. Install backer materials to support sealants during application and at position required to produce optimum sealant movement capability. Do not leave gaps between ends of backer materials. Do not stretch, twist, puncture, or tear backer materials. Remove absorbent backer materials that have become wet before sealant application and replace them with dry materials. E. Install sealants at the same time backings are installed to completely fill recesses provided for each joint configuration and to produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. F. Tooling of Nonsag Sealants: Immediately after sealant application and before skinning or curing begins, tool sealants to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint. G. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with cleaning materials approved by manufacturers of joint sealants and of products in which joints occur. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02910 Page 1 of 5 HYDROMULCH SEEDING AND SODDING SECTION 02910 HYDROMULCH SEEDING AND SODDING PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Hydromulch seeding of grass is required as shown on the Plans and all areas disturbed by construction activities. This includes areas disturbed for the construction of the pressure reducing valve vault and associated piping. Establishment of a uniform, full-coverage of grass is required in all disturbed areas, and other areas indicated on the Plans. Hydromulch seeding is specified for these areas where grass establishment is required. 2. Hydromulch seeding includes mixing fertilizer, grass seed and mulch material with water and spraying the mixture onto tilled topsoil. Seeding includes spreading fertilizer, and grass seed onto tilled topsoil. 3. Furnish all materials, labor and equipment including watering system to establish full coverage grass where specified and to maintain the established areas for 60 days. 4. Bermuda sodding is required for a 3-foot-wide strip adjacent to all structures, on either side of all new roadways and sidewalks, and along existing pavement, sidewalks and structures where the area was disturbed by construction. B. Temporary Filter Area: 1. Hydromulch seed the side slopes and disturbed area around the Temporary Filter Excavation. Utilize Winter Rye and Millet seed. 1.02 DEFINITIONS Weeds: Includes Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard, Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perrenial Sorrel, and Brome Grass. 1.03 SYSTEM DESCRIPTION A. Design Requirements: 1. Comply with TCEQ General Permit No. TXG870000. B. Performance Requirements: 1. In the designated areas for grass establishment, it shall be the sole responsibility of the CONTRACTOR to establish uniform stand of grass which is defined as not less than 150 growing plants per square foot of seeded area, regardless of adverse climatic or other conditions. The OWNER may stop work if unfavorable conditions are likely until favorable conditions are present. 1.04 SUBMITTALS A. Product Data: 1. Submit data on fertilizer, seed, and mulch as necessary to show compliance with these specifications. Include source of supply for materials as well as: a. Name, trademark, warranty, analysis, form, and coverage for fertilizer. b. Name, type, germination, purity, germination test results with date of test for seed. c. Name, type, components and coverage for mulch. Item 18 1850-001-01 OCTOBER 2016 02910 Page 2 of 5 HYDROMULCH SEEDING AND SODDING B. Shop Drawings: 1. Submit maintenance instructions, cutting method, minimum and maximum grass height; types, application frequency, and recommended coverage of fertilizer. 1.05 QUALITY ASSURANCE A. Provide seed in containers showing name and type of seed, year of production, net weight, date of packaging, date of germination test, and location of packaging. B. Provide fertilizer in containers bearing the name, trademark warranty of producer, the weight and analysis, and form of constituents. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver grass seed mixture in sealed containers. Seed in damaged, wet, or moldy packaging is not acceptable. Store in dry location. B. Deliver fertilizer in waterproof bags. Store in dry location not in contact with runoff. 1.07 PROJECT CONDITIONS (NOT USED) 1.08 WARRANTY (NOT USED) 1.09 EXPERIENCE REQUIREMENTS (NOT USED) 1.10 MAINTENANCE A. Maintenance Service: 1. For areas where establishment is required per the Plans and per Paragraph 1.03.B.1, maintain the hydromulched areas for the term of the Contract plus 60 days following Final Completion beginning immediately after placement and watering as required until grass is well established and exhibits a vigorous growing condition. Coordinate water requirements with availability of water from OWNER and areas to be seeded at one time. PART 2 - PRODUCTS 2.01 SEED MIXTURE A. Seed Type: Hulled extra fancy grade, common Bermuda (Cynodon dactylon). B. Seed Quality: All seed shall meet the requirements of the Texas Seed Law including labeling requirements for showing pure live seed (PLS = purity x germination), name and type of seed. All seed shall be treated with a fungicide. Seed, which has become wet, moldy or otherwise damaged in transit or storage, will not be acceptable. Seed shall be new crop seed (harvested within 1 year prior to planting), free of other weed seed to the limits allowable under the Texas Seed Law. The seed shall have a germination and purity that will produce a pure live seed content of not less than 85 percent. 2.02 FERTILIZER A. Fertilizer shall be a commercial product uniform in composition, free flowing, and suitable for application with standard equipment. The fertilizer shall comply with the applicable State fertilizer laws and shall be delivered in bags or other convenient containers, each fully labeled and bearing the name, trademark, and warranty of the producer. Fertilizer applied during the initial planting shall have analysis ratio of 20-20-20 also containing traces of sulfur, iron and zinc. Fertilizer used in the second application shall have an Item 18 1850-001-01 OCTOBER 2016 02910 Page 3 of 5 HYDROMULCH SEEDING AND SODDING analysis ratio of 12-4-8. The figures in the analysis represent the percent of nitrogen, phosphorus, and potash nutrients, respectively as determined by methods of the Association of Official Agricultural Chemists. Fifty percent or greater of the nitrogen required shall be in the form of nitrate nitrogen. The remaining nitrogen may be in the form of urea nitrogen. B. In the event it is necessary to substitute a fertilizer of a different analysis or form, the total amount of nutrients applied per 1000 square feet shall equal or exceed that specified for each nutrient. C. Fertilizer which has become caked or exposed to excess humidity or mixture will not be acceptable. 2.03 HYDROMULCH Hydromulch material for areas requiring grass establishment shall be Second Nature Hydroseeding Mulch as manufactured by Central Fiber Corporation, or approved equivalent. Mulch shall be manufactured of natural fiber stock free of plastics and foreign materials. Mulch shall have a green non-toxic dye, disperse rapidly in water to form a homogeneous slurry and shall remain in suspension. It shall have a water holding capacity of not less than 1300 gms water per 100g fiber. 2.04 MULCH: Furnish straw mulch free of weeds and spread at the recommended rate to adequately cover all areas which are broadcast seeded and indicated to be mulched. 2.05 SOIL MATERIALS Topsoil: Topsoil shall be 4 inches in depth. Refer to material requirements in Section 31 05 00 “Earthwork Materials.” 2.06 ACCESSORIES A. Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of grass. Plant effluent may be used. B. Erosion Fabric: Jute matting, open weave, where shown on Plans or where slope is steeper than 3:1. PART 3 - EXECUTION 3.01 INSPECTION A. Verify that prepared soil base is ready to receive the work of this Section that topsoil has been placed and final grading is acceptable to OWNER. B. Beginning of installation means acceptance of existing site conditions. 3.02 FINAL GRADING A. Comply with the requirement in Section 02960 “Landscape Grading” for final grading, subsoil preparation and placement of topsoil prior to seeding. All areas to be seeded shall have sufficient topsoil placed prior to seeding. B. Smooth areas that have become gullied; and loosen or retill areas that have become compacted since completion of grading to a depth of 6 inches. Item 18 1850-001-01 OCTOBER 2016 02910 Page 4 of 5 HYDROMULCH SEEDING AND SODDING 3.03 FERTILIZING A. Apply initial fertilizer in accordance with manufacturer's instructions at a minimum rate of 15 lb per 1000 sf with hydromulch mixture. B. A second application of fertilizer shall be applied to the establishment areas between 45 and 60 days from seeding, at a rate of 8 pounds per 1000 sf. 3.04 SEEDING A. For hydromulch (grass establishment) areas, hydromulch mixture containing the seed, fertilizer, mulch and water shall be prepared in accordance with the following quantities. Mixture shall be applied to planting area using conventional "Hydromulch" equipment. For seeded areas, seed and fertilizer shall be spread with mechanical spreaders to obtain the specified rates. Component Rate per 1000 sf Grass seed 2.5 pounds Fertilizer 15 pounds Water As Needed Paper Fiber Mulch As recommended by Manufacturer B. Planting Season: 1. March 1 to August 31. 2. Seeding shall not be done during periods other than listed above. C. For areas to be established, apply water with a fine spray immediately (within 24 hours) after each area has been seeded and mulched. Saturate to 4 inches of soil. Water daily as often as necessary for 4 weeks to establish grass. 3.05 SEED PROTECTION A. Cover seeded slopes where grade is steeper than 4 inches per foot with erosion fabric. Roll fabric onto slopes without stretching or pulling. Cover hydromulched areas as recommended to obtain establishment of grass. B. Lay fabric smoothly on surface, bury top end of each section in 6-inch deep excavated topsoil trench. Provide 12-inch overlap of adjacent rolls. Backfill trench and rake smooth, level with adjacent soil. C. Secure outside edges and overlaps at 36-inch intervals with stakes. D. Lightly dress slopes with topsoil to ensure close contact between fabric and soil. E. At sides of ditches, lay fabric laps in direction of water flow. Lap ends and edges minimum 6 inches. F. No heavy equipment shall be moved over planted area unless area is to be retilled and reseeded. 3.06 MAINTENANCE FOR HYDROMULCHED AREAS A. The CONTRACTOR shall mow grass as required. B. CONTRACTOR shall water as required to establish grass and to prevent grass and soil from drying out for the initial 60-day period. Item 18 1850-001-01 OCTOBER 2016 02910 Page 5 of 5 HYDROMULCH SEEDING AND SODDING C. CONTRACTOR shall control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. D. Prior to the second fertilizer application, CONTRACTOR shall reseed areas which show bare spots of 2 square feet or larger. Minimum of 95 percent coverage shall be required for OWNER acceptance. E. CONTRACTOR shall maintain grass and reseed as required to establish 95 percent coverage (within a minimum of 60 days) or 150 plants per square foot. F. Protect seeded areas with warning signs during maintenance period, if necessary. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 02960 Page 1 of 2 LANDSCAPE GRADING SECTION 02960 LANDSCAPE GRADING PART 1 - GENERAL 1.1 WORK INCLUDED A. Finish grade subsoil. B. Furnish place, level, and compact topsoil in areas to receive sod as specified in Section 02910 – Hydromulch Seeding and Sodding. 1.2 PROTECTION A. Protect landscaping and other features remaining as final work. B. Protect existing structures, fences, roads, sidewalks, paving, and curbs. PART 2 - PRODUCTS 2.1 MATERIALS A. Topsoil: Topsoil shall be stripped and stockpiled for reuse on this project. B. Topsoil: Natural friable loam; free of subsoil, roots, grass, excessive amount of weeds, stone, and foreign matter; acidity range (pH) of 5.5 to 7.5; containing a minimum of 4 percent and a maximum of 25 percent organic matter. PART 3 - EXECUTION 3.1 INSPECTION A. Verify site conditions and note irregularities affecting work of this Section. B. Beginning work of this Section means acceptance of existing conditions. 3.2 SUBSOIL PREPARATION A. Eliminate uneven areas and low spots. Finish grade uniformly to maintain contours shown. Make gradual grade changes blending slopes into level areas. Create drainage swales and berms as shown on the Plans. Remove debris, roots, branches, stones, in excess of 1/2 inch in size. Remove subsoil contaminated with petroleum products. B. Scarify subgrade to depth of 4 inches where topsoil is scheduled. Scarify in areas where equipment used for hauling and spreading topsoil has compacted subsoil. 3.3 PLACING TOPSOIL A. Place topsoil in areas where seeding, sodding, plugging or planting is scheduled. B. Use topsoil in relatively dry state. Place during dry weather. C. Fine grade topsoil eliminating rough or low areas. Maintain levels, profiles, and contours of subgrade. D. Remove stone, roots, grass, weeds, debris, and foreign material while spreading. E. Manually spread topsoil around trees, plants and buildings. F. Lightly compact roll placed topsoil. G. Leave stockpile area and site clean and raked, ready to receive landscaping. 3.4 TOLERANCES A. Uniformity of Topsoil: Plus or minus 1-inch. Item 18 1850-001-01 OCTOBER 2016 02960 Page 2 of 2 LANDSCAPE GRADING 3.5 SCHEDULE OF LOCATIONS A. The following list identifies compacted topsoil thicknesses for various locations. 1. Seeded Grass: 6 inches. 2. Sod: 4 inches. 3. Shrub Beds: 18 inches. 4. Flower Beds: 12 inches. 5. Planter Boxes: To within 3 inches of box rim. END OF SECTION Item 18 1850‐001‐01  OCTOBER 2016 03100 Page 1 of 4 CONCRETE FORMWORK   SECTION 03100 CONCRETE FORMWORK 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish material and labor to form, tie, brace and support wet concrete, reinforcing steel and embedded items until the concrete has developed sufficient strength to remove forms. 1.02 QUALITY ASSURANCE A. Design Criteria: Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete, the temperature of the concrete, and all other pertinent factors shall be taken into consideration when determining the depth of the equivalent liquid. An additional design live load of 50 pounds per square foot shall be used on horizontal surfaces.  B. Qualifications:  1. Formwork, shoring and reshoring to be designed by a professional structural engineer currently registered in the state where the Project is located and having a minimum of three (3) years' experience in this type of design work. a. Above qualifications apply to slabs and beams not cast on the ground, wall and column pours over 15 FT high. C. Alignment Control: True alignment of walls and other vertical surfaces having straight lines or rectangular shapes shall be controlled and checked by the following procedures: 1. Forming shall be arranged with provisions for adjusting the horizontal alignment of a form, after the form has been filled with concrete to grade, using wedges, turn buckles, or other adjustment methods. Establish a transit line or other reference so that adjustments can be made to an established line while the concrete in the top of the form is still plastic. 2. Adjusting facilities shall be at intervals which permit adjustments to a straight line. Concrete shall not be placed until adequate adjusting facilities are in place. 1.03 SUBMITTALS A. Submittals shall be in accordance with Section 01330 “Submittals” and shall include: 1. Record Data: Manufacturers’ literature for specified products, signed and sealed shop drawings. 1.04 STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: 1. American Concrete Institute (ACI) Specifications: ACI 301 Specifications for Structural Concrete ACI 318 Building Code Requirements for Structural Concrete ACI 347R Guide to Formwork for Concrete 2. American Institute of Steel Construction (AISC) Publication: AISC Manual of Steel Construction 3. American Iron and Steel Institute (AISI) Publication: AISI Cold Formed Steel Design Manual 4. American Plywood Association (APA) Standards. Item 18 1850‐001‐01  OCTOBER 2016 03100 Page 2 of 4 CONCRETE FORMWORK   1.05 DELIVERY AND STORAGE A. Lumber for forms shall be stacked neatly on platforms raised above ground. 1.06 JOB CONDITIONS A. The Contractor shall notify the Engineer upon completion of various portions of the work required for placing concrete so that compliance with the plans and specifications may be monitored. The Engineer will authorize the Contractor to proceed with the placement after this has been completed and corrections, if required, have been made. B. In hot weather, both sides of the face forms may be required to be treated with oil to prevent warping and to secure tight joints. 2.00 PRODUCTS 2.01 MATERIALS A. Lumber: Properly seasoned and of good quality; free from loose or unsound knots, knot holes, twists, shakes, decay, splits, and other imperfections which would affect its strength or impair the finished surface of the concrete. B. Fiber Board Form Lining: Hardboard finished smooth on one side; minimum thickness of 3/16 inch thoroughly wet with water at least 12 hours before using. C. Plywood Form Lining: Conforming to APA HDO; exterior exposure waterproof adhesive, 3/8 inch thick. D. Form Oil: Light, clear oil; shall not discolor or injuriously affect the concrete surface, subsequent coatings, or delay or impair curing operations. 2.02 FABRICATIONS A. Lumber: Lumber for facing or sheathing shall be surfaced on at least one side and two edges, and sized to uniform thickness. Lumber of nominal 1-inch thickness or plywood of 3/4-inch thickness shall be permitted for general use on structures, if backed by a sufficient number of studs and wales. B. Special Form Lumber: 1. Molding for chamfer strips or other uses shall be made of redwood, cypress, or pine materials of a grade that will not split when nailed, and which can be maintained to a true line without warping. The form shall be mill cut and dressed on all faces. Fillet forms at sharp corners, both inside and outside and at edges, with triangular chamfer strips at all non-contiguous edges exposed to view. Thoroughly oil chamfer strips before installation on forms. 2. Construct forms for railings and ornamental work to standards equivalent to first class mill work. 3. All moldings, panel work, and bevel strips shall be straight and true with neatly mitered joints, and designed so that the finished work shall be true, sharp and clean cut. C. Forms: 1. Forms shall be built mortar tight and of material sufficient in strength to prevent bulging between supports. 2. Reused forms or form lumber shall be maintained clean and in good condition as to accuracy, shape, strength, rigidity, tightness, and smoothness of surface. 3. All forms shall be so constructed as to permit removal without damage to the concrete. Exercise special care in framing forms for copings, offsets, railing and ornamental work, so that there will be no damage to the concrete when the forms are removed. D. Metal Forms: Item 18 1850‐001‐01  OCTOBER 2016 03100 Page 3 of 4 CONCRETE FORMWORK   1. The specifications for “Forms” regarding design, mortar tightness, filleted corners, beveled projections, bracing, alignment, removal, re use, oiling, and wetting shall apply equally to metal forms. 2. The metal used for forms shall be of such thickness that the forms will remain true to shape. Bolt and rivet heads on the facing sides shall be countersunk. Clamps, pins, or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. 3. Metal forms which do not present a smooth surface or line up properly shall not be used. Exercise special care to keep metal free from rust, grease, or other foreign material that discolors the concrete. E. Form Ties: 1. Metal form ties shall be used to hold forms in place and to provide easy metal removal. The use of wire for ties shall not be permitted. 2. Leave no metal or other material within 1-1/2 inches of the surface, when removing form tie assemblies which are used inside the forms to hold the forms in correct alignment. The assembly shall provide cone-shaped depressions in the concrete surface at least 1 inch in diameter and 1-1/2 inches deep to allow filling and patching. Such devices, when removed, shall leave a smooth depression in the concrete surface without undue injury to the surface from chipping or spalling. 3. Burning off rods, bolts, or ties shall not be permitted. 4. Metal ties shall be held in place by devices attached to wales. Each device shall be capable of developing the strength of the tie. 5. Metal and wooden spreaders which are separate from the forms shall be wired to top of form and shall be entirely removed as the concrete is placed. 6. In the construction of basement or water bearing walls, the portion of a single rod tie that is to remain in the concrete shall be provided with a tightly fitted washer at midpoint to control seepage. Multi-rod ties do not require washers. The use of form ties which are tapered on encased in paper or other material to allow the removal of complete tie, and which leave a hole through the concrete structure, shall not be permitted. F. Falsework: 1. Falsework shall be designed and constructed so that no excessive settlement or deformation occurs. Falsework shall provide necessary rigidity. 2. Timber used in falsework centering shall be sound, in good condition and free from defects which impair its strength. 3. Steel members shall be of adequate strength and shape for the intended purpose. 4. Timber piling used in falsework may be of any wood species which satisfactorily withstands driving and which adequately supports the superimposed load. 5. When sills or timber grillages are used to support falsework columns, unless founded on solid rock, shale or other hard materials, place them in excavated pits. Backfill to prevent the softening of the supporting material from form drip or from rains that may occur during the construction process. Sills or grillages shall be of ample size to support the superimposed load without settlement. 6. Falsework not founded on a satisfactory spread footing shall be supported on piling, which shall be driven to a bearing capacity to support the superimposed load without settlement. 3.00 EXECUTION 3.01 PREPARATION Item 18 1850‐001‐01  OCTOBER 2016 03100 Page 4 of 4 CONCRETE FORMWORK   A. Before placing concrete, insure that embedded items are correctly, firmly and securely fastened into place. Embedded items shall be thoroughly clean and free of oil and other foreign material. Anchor bolts shall be set to the correct location, alignment and elevation by the use of suitable anchor bolt templates. 3.02 INSTALLATION A. Pre-Placement: 1. During the elapsed time between building the forms and placing the concrete, maintain the forms to eliminate warping and shrinking. 2. Treat the facing of forms with suitable form oil before concrete is placed. Apply oil before the reinforcement is placed. Wet form surfaces which will come in contact with the concrete immediately before the concrete is placed. 3. At the time of placing concrete, the forms shall be clean and entirely free from all chips, dirt, sawdust, and other extraneous matter at the time. Forms for slab, beam and girder construction shall not have tie wire cuttings, nails or any other matter which would mar the appearance of the finished construction. Clean forms and keep them free of foreign matter during concrete placement. B. Placement: 1. Set and maintain forms to the lines designated, until the concrete is sufficiently hardened to permit form removal. If, at any stage of the work, the forms show signs of bulging or sagging, immediately remove that portion of the concrete causing this condition. If necessary, reset the forms and securely brace against further movement. 2. Provide adequate cleanout openings where access to the bottom of the forms is not otherwise readily attainable. 3. Carefully and accurately place and support reinforcement in concrete structures. C. Removal: Remove forms so that the underlying concrete surface is not marred or damaged in any way. Forms shall not be removed until the concrete has attained sufficient strength to safely carry the dead load, but in no case less than the number of curing days set forth in the following table: Forms for concrete of minor structural load carrying importance 1 day Forms for walls, columns, sides of drilled shafts, massive structural components and other members not resisting a bending moment during curing 1 day Forms and falsework under slabs, beams and girders where deflections due to dead load moment may exist (for spans < or = 10 feet) 7 days Forms and falsework under slabs, beams and girders where deflections due to dead load moment may exist (for spans > 10 feet and < or = 20 feet) 14 days END OF SECTION Item 18 1850-001-01 OCTOBER 2016 03200 Page 1 of 4 CONCRETE REINFORCEMENT SECTION 03200 CONCRETE REINFORCEMENT 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor and reinforcing materials required to cut, bend, tie, splice, place and support the reinforcement in the material grades, sizes, quantities and locations specified. 1.02 QUALITY ASSURANCE A. Tolerances: Reinforcement shall be placed where specified, with the following maximum tolerances, plus or minus: 1. Concrete Cover: 1/4 inch. 2. Rebar Spacing: 1/4 inch in 12 inches. 1.03 SUBMITTALS A. Submit, in accordance with Section 01300, shop drawings and product data showing materials of construction and details of installation for:  1. Reinforcing steel. Drawings for fabrication, bending, and placement of concrete reinforcement shall conform to the recommendations of ACI 315 for placement drawings and as specified herein. a. Placement drawings. For walls, show elevations from the outside, looking towards the structure, at a minimum scale of 1/4-in to one foot. For slabs, show top and bottom reinforcement on separate plan views, as needed for clarity. For beams and columns, show schedules with sections and/or elevations and stirrup/tie spacing. Show additional reinforcement around openings, at corners and at other locations indicated, diagrams of bent bars, arrangements and assemblies, all as required for the fabrication and placement of concrete reinforcement. Reference bars to the same identification marks shown on the bar bending details. Identify bars to have special coatings and/or to be of special steel or special yield strength. b. Bar bending details. Reference bars to the same identification marks shown on the placement drawings. Identify bars to have special coatings and/or to be of special steel or special yield strength. B. Submit samples of each of the following items. 1. Two samples of each type of mechanical reinforcing steel coupling system.  C. Submit, in accordance with Section 01300, Test Reports of each of the following items. 1. Certified copy of mill test on each heat of each steel proposed for use showing the physical properties of the steel and the chemical analysis. 2. Welder's certification in accordance with AWS D1.4 when welding of reinforcement is indicated, specified, or approved. 1.04 STANDARDS A. The applicable provisions of the following standards shall apply as if written here in their entirety: 1. American Society for Testing and Materials (ASTM) Standards: ASTM A82 Specification for Steel Wire, Plain, for Concrete Reinforcement Item 18 1850-001-01 OCTOBER 2016 03200 Page 2 of 4 CONCRETE REINFORCEMENT ASTM A185 Specification for Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement ASTM A615 Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement 2. American Concrete Institute (ACI) Publications: ACI 301 Specification for Structural concrete for Buildings ACI 315 Details and Detailing of Concrete Reinforcement ACI 318 Building Code Requirements for Reinforced Concrete 3. Concrete Reinforcing Steel Institute (CRSI) Publications: CRSI Manual of Standard Practice 1.05 DELIVERY AND STORAGE A. Store steel reinforcement above the surface of the ground upon platform skids or other supports. Protect from mechanical and chemical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the Work, steel reinforcement shall be free from dirt, scale, dust, paint, oil and other foreign material. Tag and store steel reinforcement for ease of correlation with Shop Drawings. 1.06 JOB CONDITIONS A. Proposed deviations from reinforcing indicated on the plans or Specifications shall be approved in writing by the Engineer prior to fabrication. B. Lap lengths shall be of the length shown on the plans or noted in lap and embedment table, and shall be in compliance with ACI 318. C. Specified cover for reinforcing shall be maintained throughout construction. Bars shall be cut to lengths necessary to allow for proper clearances. Cover of concrete shall be measured from face of forms to outside face of reinforcement. D. Stirrups shall be hooked. 2.00 PRODUCTS 2.01 MATERIALS A. Steel Reinforcing Bars: Billet-steel bars for concrete reinforcement conforming to ASTM A615, Grade 60, with minimum yield strength of 60,000 psi. Steel reinforcing bars shall be produced in the United States of America. B. Welded Wire Fabric: Cold-drawn steel wire conforming to ASTM A82; flat sheets fabricated in accordance with ASTM A185. C. Supports (Chairs): Bar supports shall be of the proper type for the intended use. Bar supports shall be uniform high density polyethylene (plastic) or fiberglass reinforced plastic (FRP) conforming to CRSI Class 1, Maximum Protection. D. Spacers: Precast mortar blocks. E. Mechanical Bar Splices: Cadweld splices as manufactured by Erico Products, Inc., or approved equal, installed in strict accordance with the manufacturer’s instructions and recommendations. The mechanical devices shall develop at least 125 percent of the specified yield of the spliced bars. F. Mechanical Threaded Splices: Mechanical threaded connections shall utilize a metal coupling sleeve with internal threads which engage threaded ends of the bars to be spliced and shall develop in tension or compression 125 percent of the specified yield strength of the bar. Item 18 1850-001-01 OCTOBER 2016 03200 Page 3 of 4 CONCRETE REINFORCEMENT 2.02 FABRICATIONS A. Bending: Reinforcement shall be bent cold by machine to shapes indicated on the plans; true to shapes indicated; irregularities in bending shall be cause for rejection. Unless otherwise noted, all hook and bend details and tolerances shall conform to the requirements of ACI 315 and ACI 318. 3.00 EXECUTION 3.01 PREPARATION A. Before any concrete is placed, all mortar blocks to be used for holding steel in position adjacent to formed surfaces shall be cast in individual molds, after which time the blocks shall be immersed in water for the remainder of at least a 4-day curing period. The blocks shall be cast with the sides beveled and in such a manner that the size of the block increases away from the surface to be placed against the forms. Blocks shall be in the form of a frustum of a cone or pyramid. Suitable tie wires shall be provided in each block for anchoring the block to the reinforcing steel, and to avoid displacement when placing the concrete. The size of the surface to be placed adjacent to the forms shall not exceed 2-1/2 inches square or the equivalent thereof when circular or rectangular areas are provided. Blocks shall be accurately cast to the thickness required, and the surface to be placed adjacent to the forms shall be a true plane free of surface imperfections. 3.02 INSTALLATION A. General: Place the reinforcement carefully and accurately in the concrete structures. Rigidly tie and support the reinforcement. Welding of any type of reinforcement shall not be permitted. B. Splices: 1. Splicing of bars, except where indicated on the plans, shall not be permitted unless approved by the Engineer prior to fabrication. Splices shall be kept to a minimum. Splices shall preferably occur at points of minimum stress. Lap splices which are permitted and are not shown on the drawings shall have a lap in accordance with ACI 318. Rigidly clamp or wire the bars at all splices, in accordance with ACI. Overlap sheets of wire fabric sufficiently to maintain a uniform strength and securely fasten. 2. Welding of reinforcing steel splices shall not be permitted. 3. Make mechanical splices where shown on the plans using Cadweld splices or approved equal, installed in accordance with the manufacturer’s instructions and recommendations. The mechanical device shall develop at least 125 percent of the specified yield strength of the bar. C. Placement: 1. Place steel reinforcement, as indicated on the plans with the specified tolerances. Hold securely in place during the placing of the concrete. The minimum clear distance between bars shall be per ACI 318 unless noted otherwise. Always pass vertical stirrups around the main tension members and securely attach thereto. Wire reinforcing together at a sufficient number of intersections to produce a sound, sturdy mat or cage of reinforcement that will maintain the reinforcement in correct positions when the concrete is placed. 2. Hold the reinforcing steel in concrete slabs firmly in place with wire supports or “chairs.” Sizing and spacing of the chairs shall be sufficient to properly support the steel, and shall be in accordance with CRSI Publications “Manual of Standard Practice in.” 3. Space the reinforcing steel in concrete walls the proper distance from the face of the forms, as indicated on the Drawings: a. For wall surfaces exposed to view, use chairs. b. For wall surfaces not exposed to view, use chairs or precast mortar blocks. Item 18 1850-001-01 OCTOBER 2016 03200 Page 4 of 4 CONCRETE REINFORCEMENT 4. Where reinforcing conflicts with location of anchor bolts, inserts, etc., submit prompt notifications so that revisions can be made before concrete is placed. No cutting of reinforcing shall be permitted without the prior approval of the Engineer. 5. Welded wire shall be fabricated flat sheets, in longest practical lengths. Lap joints one mesh. Do not locate end laps over beams of continuous structures or midway between supporting beams. Offset end laps of adjacent widths to prevent continuous lap. Fasten ends and sides of welded wire fabric at 48 inches o.c. with tie wire. 6. Reinforcing shall extend through construction joints. 3.03 FIELD QUALITY CONTROL A. Concrete shall not be placed until the Engineer has observed the final placing of the reinforcing steel, and has given permission to place concrete. END OF SECTION Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 1 of 25 CAST-IN-PLACE CONCRETE SECTION 03300 CAST-IN-PLACE CONCRETE 1.00 GENERAL SUMMARY 1.01 A. Furnish labor, materials, mixing and transporting equipment and incidentals necessary to proportion, mix, transport, place, consolidate, finish and cure concrete in the structure. DEFINITIONS 1.02 A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast- furnace slag, and silica fume; subject to compliance with requirements. SUBMITTALS 1.03 A. Submittals shall be in accordance with Section 01330 “Submittal Procedures” and shall include the product for: 1. Sources of cement, fly ash, aggregates, and batched concrete. 2. Air-entraining admixture. Product data including catalogue cut, technical data, storage requirements, product life, recommended dosage, temperature considerations and conformity to ASTM standards. 3. Water reducing admixture. Product data including catalogue cut, technical data, storage requirements, product life, recommended dosage, temperature considerations and conformity to ASTM standards. 4. Sheet curing material. Product data including catalogue cut, technical data and conformity to ASTM standard. 5. Material Safety Data Sheets (MSDS) for all concrete components and admixtures. 6. High-range water-reducing admixture (plasticizer). Product data including catalogue cut, technical data, storage requirements, product life, recommended dosage, temperature considerations, retarding effect, slump range and conformity to ASTM standards. Identify proposed locations of use. 7. Liquid membrane forming curing compound. Product data including catalogue cut, technical data, storage requirements, product life, application rate and conformity to ASTM standards. Identify proposed locations of use. B. Test Reports 1. Aggregates: a. Conformance to ASTM standards, including sieve analysis, mechanical properties, deleterious substance content, and mortar bar expansion test results. b. Conformance to ASTM C33, including the test reports for soundness and abrasion resistance. c. Verification that aggregate is not “potentially reactive” per ASTM C289; or a cement chemical analysis indicating that the total alkali content is acceptable per Paragraph 2.02.A. 2. Cement and fly ash: Conformance to ASTM standards, including chemical analysis and physical tests. 3. Concrete mixes: For each formulation of concrete proposed for use, submit constituent quantities per cubic yard, water cementitious ratio, air content, concrete slump, type and manufacturer of cement and type and manufacturer of fly ash. Provide either Paragraph a. Field Strength Test Records or b. Trial Mixtures, below, for each mix proposed. a. Field Strength Test Records Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 2 of 25 CAST-IN-PLACE CONCRETE Standard deviation data for each proposed concrete mix based on statistical records. Provide the following for each strength data point used in the calculation of the standard deviation for determination of the minimum required average strength: i. Date of sampling and name of testing laboratory. ii. Name of concrete batch plant. iii. Water cementitious ratio. iv. Slump of batch. v. Air content of batch. vi. Compressive strengths of all cylinders tested at that age in that batch. vii. If available, temperature and unit weight of batch. Provide data from projects not more strictly controlled than outlined in these specifications. Provide summary sheet showing all pertinent data and the computation of the standard deviation. b. Trial Mixtures Water cementitious ratio curve for concrete mixes based on laboratory tests. Provide average cylinder strength test results at 7, 14, and 28 days for laboratory concrete mix designs. 4. Test results: Strength test results on concrete placed during construction including slump, air content, and concrete temperature. C. Certifications 1. Certify that admixtures used in the same concrete mix are compatible with each other and the aggregates. 2. Certify that cement is produced by a manufacturer that does not use hazardous waste derived fuel as an energy source for its kilns. 4. Certificate of conformance for concrete production facilities from the NRMCA. QUALITY ASSURANCE 1.04 A. Installer Qualifications: An experienced installer who has completed concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Manufacturer Qualifications: 1. A firm experienced in manufacturing ready-mixed concrete products complying with ASTM C94 requirements for production facilities and equipment. 2. Manufacturer must be certified according to the National Ready Mixed Concrete Association’s Certification of Ready Mixed Concrete Production Facilities. C. Testing Agency Qualifications: 1. An independent testing agency, acceptable to authorities having jurisdiction and the Engineer, qualified according to ASTM C1077 and ASTM E329 to conduct the testing indicated. 2. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer’s plant, each aggregate from one source, and each admixture from the same manufacturer. E. Pre-submittal Conference: 1. Conduct conference at the Site to comply with requirements in Section 01310 “Project Management and Coordination.” Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 3 of 25 CAST-IN-PLACE CONCRETE a. Before submitting design mixtures, review concrete design mixture and examine procedures for ensuring quality of concrete materials. Require representatives of each entity directly concerned with cast-in-place concrete to attend, including the following: 1). Contractor’s superintendent. 2). Independent testing agency responsible for concrete design mixtures. 3). Ready-mix concrete manufacturer. 4). Concrete Subcontractor. DELIVERY, STORAGE, AND HANDLING 1.05 A. Deliver cement in bulk or bags which are plainly marked with the brand and manufacturer’s name. Immediately upon receipt, store cement in a dry, weather-tight and properly ventilated structure which excludes moisture. Storage facilities shall permit easy access for inspection and identification. Cement not stored in accordance with the requirements shall not be used. B. Sufficient cement shall be in storage to complete placement of concrete started. In order that cement may not become unduly aged after delivery, maintain records of delivery dates. Use cement which has been stored at the Site for 60 days or more before using cement of lesser age. No cement shall be used which is lumped, caked, stored more than 90 days, or whose temperature exceeds 170 F. STANDARDS 1.06 A. Mixing, sampling, placing, curing and testing of concrete, and the materials used shall be in compliance with the latest revisions of the following standards, unless otherwise noted in the Contract Documents. The Contractor shall maintain one copy of each of the applicable standards at the construction field office. 1. American Society for Testing and Materials (ASTM) Standards: ASTM C31 Standard Practice for of Making and Curing Concrete Test Specimens in the Field ASTM C33 Standard Specification for Concrete Aggregates ASTM C39 Standard Specification Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C42 Standard Specification Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete ASTM C87 Standard Specification Test Method for Effect of Organic Impurities in Fine Aggregate on Strength of Mortar ASTM C94 Standard Specification of Ready Mixed Concrete ASTM C109 Standard Test Method for Compressive Strength of Hydraulic Cement Mortars ASTM C125 Terminology Relating to Concrete and Concrete Aggregates ASTM C143 Standard Test Method for Slump of Hydraulic Cement Concrete ASTM C150 Standard Specification for Portland Cement ASTM C156 Standard Test Method for Water Retention by Concrete Curing Materials ASTM C171 Standard Specification for Sheet Materials for Curing Concrete ASTM C172 Standard Practice for Sampling Freshly Mixed Concrete ASTM C173 Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C191 Standard Test Method for Time of Setting of Hydraulic Cement by Vicat Needle ASTM C192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 4 of 25 CAST-IN-PLACE CONCRETE ASTM C231 Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C260 Standard Specification for Air-Entraining Admixtures for Concrete ASTM C289 Standard Test Method for Potential Alkali-Silica Reactivity of Aggregates (Chemical Method) ASTM C293 Standard Test Method for Flexural Strength of Concrete (Using Simple Beam with Center-Point Loading) ASTM C309 Standard Specification for Liquid Membrane Forming Compounds for Curing Concrete ASTM C494 Standard Specification for Chemical Admixtures for Concrete ASTM C579 Standard Test Methods for Compressive Strength of Chemical Resistant Mortars, Grouts, Monolithic Surfacings, and Polymer Concretes ASTM C580 Standard Test Method for Flexural Strength and Modulus of Elasticity of Chemical Resistant Mortars, Grouts, Monolithic Surfacings, and Polymer Concretes ASTM C595 Standard Specification for Blended Hydraulic Cements ASTM C618 Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Concrete ASTM C806 Standard Test Method for Restrained Expansion of Expansive Cement Mortar ASTM C827 Standard Test Method for Change in Height at Early Stages of Cylindrical Specimens of Cementitious Mixtures ASTM C845 Standard Specification for Expansive Hydraulic Cement ASTM C878 Standard Test Method for Restrained Expansion of Shrinkage Compensating Concrete ASTM C881 Standard Specification for Epoxy Resin Base Bonding Systems for Concrete ASTM C1240 Standard Specification for Silica Fume used in Cementitious Mixtures ASTM D570 Standard Test Method for Water Absorption of Plastics ASTM D638 Standard Test Method for Tensile Properties of Plastics ASTM D746 Standard Test Method for Brittleness Temperature of Plastics and Elastomers by Impact ASTM D994 Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type) ASTM D1752 Standard Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion Joint Fillers for Concrete Paving and Structural Construction ASTM D2240 Standard Test Method for Rubber Property Durometer Hardness ASTM D6690-07 Standard Specification for Joint and Crack Sealant, Hot Applied, for Concrete and Asphalt Pavements ASTM E96 Standard Test Methods for Water Vapor Transmission of Materials 2. American Concrete Institute (ACI) Standards: ACI 211.1 Standard Practice for Selecting Proportions for Normal, Heavy-weight, and Mass Concrete ACI 214 Recommended Practice for Evaluation of Strength Test Results ACI 223 Standard Practice for Use of Shrinkage Compensating Concrete ACI 301 Specification for Structural Concrete for Buildings ACI 304 Guide for Measuring, Mixing, Transporting & Placing Concrete Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 5 of 25 CAST-IN-PLACE CONCRETE ACI 304.2R Placing Concrete by Pumping Methods ACI 305R Hot Weather Concreting ACI 306R Cold Weather Concreting ACI 308 Standard Practice for Curing Concrete ACI 309 Guide for Consolidation of Concrete ACI 318 Building Code Requirements for Reinforced Concrete ACI 350 Code Requirements for Environmental Engineering Concrete Structures and Commentary 3. Corps of Engineers, Department of the Army Specification: CRD C621 83 Corps of Engineers Specification for Non-Shrink Grout 4. Federal Specification: TT S 00227E Type II, Class A or B, Expansion Joint Sealant 5. Concrete Plant Manufacturers Bureau (CPMB) Standards: CPMB Concrete Plant Standards 2.00 PRODUCTS MANUFACTURERS 2.01 A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products specified. 2. Products: Subject to compliance with requirements, provide one of the products specified. 3. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified. 4. Manufacturers: Subject to compliance with requirements, provide products by one of the manufacturers specified. CONCRETE MATERIALS 2.02 A. Cementitious Material; General: If the fine and/or coarse aggregates test “Potentially Reactive”, in accordance with ASTM C289, then a low alkali cementitious material shall be used. A low alkali cementitious material shall be such that, the total alkali content calculated as the percentage of sodium oxide (Na2O) plus 0.658 times the percentage of potassium oxide (K2O) shall not exceed 0.6 percent of the total cementitious material content. B. Cement; Type: Type I/II or II Portland cement, conforming to ASTM C150; used for all concrete, unless noted otherwise. C. Fly Ash/Pozzolans: Conforming to ASTM C618, Class F fly ash; used in all classes of concrete. A supplier’s certificate of the analysis and composition of the fly ash shall be supplied. D. Coarse Aggregate: 1. Crushed stone or gravel conforming to ASTM C33, in the gradation size specified. 2. For gradation size number 467, a maximum aggregate size of 1-1/2 inches is: Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 6 of 25 CAST-IN-PLACE CONCRETE Sieve Size Percent Retained Percent Passing 2” 0 100 1-1/2” 0-5 95-100 3/4” 30-65 35-70 3/8” 70-90 10-30 No. 4 95-100 0-5 3. For gradation size number 57, the maximum aggregate size of 1 inch is: Sieve Size Percent Retained Percent Passing 1-1/2” 0 100 1” 0-5 95-100 1/2” 40-75 25-60 No. 4 90-100 0-10 No. 8 95-100 0-5 4. For gradation size number 67, the maximum aggregate size of 3/4 inch is: Sieve Size Percent Retained Percent Passing 1” 0 100 3/4” 0-10 90-100 3/8” 45-80 20-55 No. 4 90-100 10-10 No. 8 90-100 0-5 5. For gradation size number 8, the maximum aggregate size of 3/8 inch is: Sieve Size Percent Retained Percent Passing 1” 0 100 3/8” 0-15 85-100 No. 4 70-90 10-30 No. 8 90-100 0-10 No. 16 95-100 0-5 E. Fine Aggregate: 1. Washed and screened natural sands or sands manufactured by crushing stones; conforming to ASTM C33. The gradation in ASTM C33 for air entrained concrete is: Sieve Size Percent Retained Percent Passing 3/8” 0 100 #4 0-5 95-100 #8 0-20 80-100 #16 15-50 50-85 Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 7 of 25 CAST-IN-PLACE CONCRETE Sieve Size Percent Retained Percent Passing #30 40-75 25-60 #50 70-95 5-30 #100 90-100 0-10 2. Fine aggregate shall have not more than 45 percent retained between any two consecutive sieves. Its fineness modulus, as defined in ASTM C125, shall be not less than 2.3 nor more than 3.1. F. Water: Potable and complying with ASTM C94. ADMIXTURES 2.03 A. Air Entraining Admixture: Conforming to ASTM C260. The total average air content shall be in accordance with recommendations of ACI 211.1; 4.5 percent plus or minus 1.5 percent for 1-1/2-inch maximum size aggregate. B. Water Reducing Admixtures: Conforming to ASTM C494; Types “A” or “D” only; accurately measured and added to the mix according to the manufacturer’s recommendations. C. Do not use admixtures causing retarded or accelerated setting of concrete without written approval from the Engineer. Use retarding or accelerating water reducing admixtures when so approved. D. Water Reducing Admixtures - High Range (HRWR): High Range Water Reducer shall comply with ASTM C494, Type F or G. HRWR shall be accurately measured in accordance with the manufacturer’s recommendations. HRWR shall be added to the concrete mix at the concrete batch plant. HRWR may not be added at placement site except to redose a batch and only after approval of the HRWR manufacturer. The high range water reducing admixture shall be able to maintain the plasticity range without significant loss of slump or rise in concrete temperature for 2 hours. With the use of these admixtures, slump limit shall be between 7 and 9 inches unless otherwise authorized by the manufacturer. Other admixtures may only be used with the HRWR if approved by the HRWR manufacturer. A representative of the HRWR manufacturer shall be present during any large placement, placement of slabs, or during times of unusual circumstance which may require changes to the product formulation. 1. Manufacturers: a. Master Builders, Inc. b. W. R. Grace & Co. c. Sika Corporation. WATERSTOPS 2.04 A. Flexible PVC Waterstops: CE CRD-C 572, for embedding in concrete to prevent passage of fluids through joints. Factory fabricate corners, intersections, and directional changes. Unless indicated otherwise, provide the following configurations. 1. Construction Joints: a. Profile: Ribbed without center bulb. b. Width: 6 inches. c. Minimum thickness: 3/8 inch. 2. Expansion Joint: a. Profile: Ribbed with center bulb. b. Width: 9 inches. c. Minimum thickness: 3/8 inch. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 8 of 25 CAST-IN-PLACE CONCRETE B. Manufacturers: 1. PVC Waterstops: a. Greenstreak. b. Meadows: W. R. Meadows, Inc. c. Murphy: Paul Murphy Plastics Co. d. Progress Unlimited Inc. e. Sternson Group. f. Tamms Industries Co.; Div. of LaPorte Construction Chemicals North America, Inc. g. Vinylex Corporation. h. Westec Barrier Technologies; Div. of Western Textile Products, Inc. C. Self-Expanding Strip Waterstops (Hydrophilic): Self-expanding strip waterstops shall be used only where specifically indicated. Manufactured rectangular or trapezoidal strip, sodium bentonite or other hydrophylic material for adhesive bonding to concrete. 1. Products: a. Swellseal Joint; De Neef Construction Chemicals (U.S.) Inc. b. Adeka Ultra Seal; Mitsubishi International Corporation. VAPOR RETARDERS 2.05 A. Plastic Vapor Retarder: ASTM E1745, Class A, minimum 10 mil thickness. Include manufacturer’s recommended adhesive or pressure-sensitive tape. 1. Available Products: a. Fortifiber Corporation; Moistop Ultra A. b. Raven Industries Inc.; Vapor Block 15. c. Reef Industries, Inc.; Griffolyn Type-105. d. Stego Wrap (15-mil) Vapor Barrier; STEGO INDUSTRIES LLC. CURING MATERIALS 2.06 A. Sheet Curing Material: Conforming to ASTM C171. 1. Waterproof paper. 2. Polyethylene film. 3. White burlap - polyethylene film. B. Membrane Curing Compounds: Membrane curing compound conforming to ASTM C309; having a color to indicate coverage when applied; non-staining; applied according to the manufacturer’s recommendations. No curing compound shall be used on walls which are to receive a plaster mix finish. When tested according to ASTM C156, the curing compound shall provide a film which has retained, within the specimen, the following percentages of moisture present when the curing compound was applied: 1. At least 97 percent at the end 24 hours. 2. At least 95 percent at the end of 3 days. 3. At least 91 percent at the end of 7 days. C. Concrete Curing and Sealing Compound: Where a sealer is necessary, use a concrete curing and sealing compound. Application of this product shall be in accordance with the manufacturer’s recommendations. 1. Interior Concrete Surfaces: Sonneborn Kure-N-Seal W, by BASF The Chemical Company. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 9 of 25 CAST-IN-PLACE CONCRETE 2. Exterior Concrete Surfaces: Sonneborn Kure 1315, by BASF The Chemical Company. D. Finishing Aid: Spraying material designed to form a monomolecular film on fresh concrete that reduces the rate of evaporation of surface moisture prior to finishing; conforming to Confilm, as manufactured by Master Builders, Inc. This material is not a curing compound. Concrete must be cured as specified. RELATED MATERIALS 2.07 A. Joint Materials for Water-Retaining Structures: 1. Pre-molded, resilient, non-bituminous expansion joint filler conforming to ASTM D1752, Type “II”, in the thickness specified. 2. Expansion joint sealant for non-potable water shall be a two-component, non-sag, polysulfide-base, elastomeric sealing compound. The material shall conform to Federal Specification TT S 00227E, Type “II”, Class B; installed according to the manufacturer’s recommendations. Backing material for sealant shall be a rod of a diameter and composition recommended by the sealant manufacturer. 3. Expansion joint sealant for potable water shall be a two-component, non-sag, polysulfide sealant containing no lead or mercury; conforming to Fed. Spec. TT S 00227E, Type “II”, Class A; applied according to the manufacturer’s specifications. Backing material for sealant shall be a rod of a diameter and composition recommended by the sealant manufacturer. 4. Where surface is to receive a swept in grout topping, a 3-inch wide, 1-mil polyethylene strip shall be placed above the joint sealant and held in place with 1-inch wide polyethylene tape spaced at 12-inch centers (maximum). B. Joint Materials for Non-Water-Retaining Structures: Bituminous-type, preformed, expansion joint filler; conforming to ASTM D994. C. Bonding Agents: Install according to the manufacturer’s recommendations and written instructions. 1. Products: a. Sika Armatec 110 EpoCem by Sika Corporation. b. Sikadur 32, Hi-Mod by Sika Corporation. D. Non-Shrink Grout: 1. General: Non-shrink grout for grouting of pump, motor, and equipment baseplates or bedplates, column baseplates, other miscellaneous baseplates, piping block outs and other uses of grout. Grout shall meet the following requirements, as verified by independent laboratory tests: a. No shrinkage from the time of placement, or expansion after set, under ASTM C827 and CRD C621 83 (Corps of Engineers). When non shrink grouts are tested under CRD C621 83, the grout shall be tested in a fluid state. A fluid state shall be defined as flowing through a flow cone at a rate of 20 seconds, plus or minus 5 seconds. b. An initial set time of not less than 45 minutes under ASTM C191. 2. Non Shrink Non Metallic Grout: Pre mixed, non-staining, non-shrink grout; minimum 28- day compressive strength of 5000 psi. a. Do not use for vibrating equipment. b. Products: 1). Masterflow 713 Plus by BASF The Chemical Company. 2). Five Star Grout by Five Star Products, Inc. 3). SikaGrout 212 by Sika Corporation. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 10 of 25 CAST-IN-PLACE CONCRETE 3. Non Shrink Epoxy Structural Grouts: Furnished in two components from the factory and mixed on the Site; conforming to ASTM C579, ASTM C580, and ASTM C827; chemical resistant, water resistant and a minimum 7-day compressive strength of 12,000 psi. a. Use for vibrating equipment. b. Products: 1). Sikadur 42, Grout-Pak by Sika Corporation. 2). Five Star HP Epoxy Grout by Five Star Products, Inc. 3). Masterflow 648 CP by BASF The Chemical Company. E. Normal Shrinkage Grout: 1 part Portland cement, Type I, to 3 parts of clean, first quality sand; proportioning on a volumetric basis; used for non-structural applications for grouting areas as shown on the Drawings which do not require non-shrink grout. F. Foundation Waterproofing: Thoroseal Foundation Coating as manufactured by Thoro Systems Products. Foundation coating shall be used only on the exterior of concrete walls not exposed to view where indicated on the Drawings. G. Zinc Rich Primer: Aluminum surfaces which contact or are embedded in concrete shall be coated with zinc rich primer. Primer shall be Tneme-Zinc. REPAIR MATERIALS 2.08 A. Structural Concrete Repair Material: Non-shrink, non-slump, non-metallic, quick setting patching mortar; as approved by the manufacturer for each application and applied accordance with the manufacturer’s recommendations. 1. Products: a. Sikatop 123 by Sika Corporation. b. Five Star Structural Concrete by Five Star Products, Inc. CONCRETE MIXTURES 2.09 A. Design Criteria: 1. Concrete shall be composed of Portland cement, fine aggregate, coarse aggregate, admixtures and water, as specified. All Class A and C concrete shall include high range water reducer (HRWR). 2. ACI 211.1 shall be the basis for selecting the proportions for concrete made with aggregates of normal and high density and of workability suitable for usual cast in place structures. 3. The design of the concrete shall be consistent with the minimum requirements of strength and proportions stated herein and in accordance with ACI Standard 211.1 “Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete,” subject to maximum water cement ratio, minimum cement content and minimum strengths specified. 4. The workability of any mix shall be as required for the specific placing conditions and the method of placement. The concrete shall have the ability to be worked readily into corners and around reinforcing steel without the segregation of materials or the collection of free water on the surface. Compliance with specified slump limitations shall not necessarily designate a satisfactory mix. 5. In no case shall the amount of coarse material produce harshness in placing or honeycombing in the structure, when forms are removed. 6. The maximum amount of coarse aggregate (dry loose volume) per cubic foot of finished concrete shall not exceed 0.82 cubic feet. 7. The maximum amount of water includes the water in the aggregate, with the aggregates in a saturated, surface-dry condition. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 11 of 25 CAST-IN-PLACE CONCRETE 8. The maximum water content shall be the amount added at the mixer, plus the free water in the aggregate, and minus the absorption of the aggregate based on a 30-minute absorption period. No allowance shall be made for the evaporation of water after batching. If additional water is required to obtain the desired slump, a compensating amount of cement shall also be added. In no case shall the maximum water cement ratio exceed the specified maximum or that of the approved mix design. No additional compensation shall be made for additional cement. 9. If fly ash is to be used in place of cement, no more than 20 percent of the cement may be replaced. 10. Concrete of 3000 psi or stronger shall contain air entraining admixtures. 11. When job conditions dictate, water-reducing and set-controlling admixtures may be used. Only specified admixtures shall be used. Admixtures shall be batched at the batch plant. 12. Concrete shall be capable of developing two-thirds of the required 28-day compressive strength in 7 days. B. Concrete Classifications: Class Min. 28-Day Compressive Strength (psi) Max. Size Aggregate (inches) Max. Water: Cement Ratio Max. Slump (inches)* Min. Sacks of Cement Per Cubic Yard ** A 4500 1.0 Size No. 57 0.42 4.5 6.00 B 3000 1.5 Size No. 467 0.47 4.5 5.00 C 4000 1.0 Size No. 57 0.44 4.5 6.25 D 5000 0.75 Size No. 67 0.47 5 6.75 E 1500 1.5 Size No. 467 0.70 - 4.0 F 3500 0.375 Size No. 8 0.47 5 6.75 * Maximum slump with high range water reducing admixture may be increased to 7” – 9”. ** Provide one additional sack of cement per cubic yard if concrete must be deposited in water. C. Concrete Usage: Class Usage Class A Use All reinforced concrete for use in liquid bearing structures Class B Use Sidewalks, curbs Class C Use Drilled shafts, all other cast-in-place concrete Class D Use Precast concrete and precast panels Class E Use Cradling, blocking, foundation seal slab, lean concrete backfill Class F Use Stair pans and landings D. Required Average Compressive Strength: 1. All concrete is required to have an average compressive strength greater than the specified strength. The required average compressive strength shall be established according to the requirements of ACI 301, 4.2.3.3. 2. Standard Deviation: If the production facility has records of field tests performed within the past 24 months and spanning a period of not less than 45 calendar days for a class of Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 12 of 25 CAST-IN-PLACE CONCRETE concrete within 1000 psi of that specified for the Work, calculate a standard deviation and establish the required average strength fcr’ in accordance with ACI 301, 4.2.3.2 and 4.2.3.3.a. If field test records are not available, select the required average strength from ACI 301, Table 4.2.3.3.b. E. Documentation of Required Average Compressive Strength: 1. Documentation indicating the proposed concrete proportions will produce an average compressive strength equal to or greater than the required average compressive strength, shall consist of field strength records or trial mixture. 2. Field Strength Records: Document field strength records according to ACI 301, 4.2.3.4.a and including the following: a. Field test data shall not be older than 24 months. b. If field test data are available and represent a single group of at least 10 consecutive strength tests for one mixture, using the same materials, under the same conditions, and encompassing a period of not less than 45 days, verify that the average of the field test results equals or exceeds fcr’ . Submit for acceptance the mixture proportions along with the field test data. c. If the field test data represent two groups of compressive strength tests for two mixtures, plot the average strength of each group versus the water-cementitious materials ratio of the corresponding mixture proportions and interpolate between them to establish the required mixture proportions for fcr’. 3. Trial Mixtures: a. Establish trial mixture proportions according to ACI 301, 4.2.3.4.b and including the following. 1). Make at least three trial mixtures complying with performance and design requirements. The trial mixture shall use the same materials proposed for the work. Each trial mixture shall have a different cementitious material content. Select water-cementitious materials ratios that will produce a range of compressive strengths encompassing the required average compressive strength fcr’. 2). The trial mixtures shall have a slump and air content within ±0.75 inch and ±0.5%, respectively, of the maximum permitted. Three cylinders for each water- cementitious materials ratio shall be made and cured according to ASTM C 192. 3). The temperature of freshly mixed concrete shall be recorded and shall be within 10°F of the intended maximum temperature of the concrete as mixed and delivered. 4). Submit a plot of a curve showing the relationship between water-cementitious materials ratio and compressive strength. 5). Establish mixture proportions so that the maximum water-cementitious materials ratio is not exceeded when the slump is at the maximum specified. b. Laboratory Samples shall be taken in accordance with the trial mix designs for laboratory testing purposes. c. The fresh concrete shall be tested for Slump (ASTM C143) and Air Content (ASTM C173 and ASTM C231). Strength test specimens shall be made, cured and tested for 7-day and 28-day strength in accordance with ASTM C192, ASTM C39, and ASTM C293. d. Suitable facilities shall be provided for readily obtaining representative Samples of aggregate from each of the weigh batchers for test purposes and for obtaining representative Samples of concrete for uniformity tests. The necessary platforms, tools, and equipment for obtaining Samples shall be furnished. Aggregates shall be tested in accordance with ASTM C289. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 13 of 25 CAST-IN-PLACE CONCRETE e. The cement contents specified are minimum values. If additional quantities are required to obtain the specified strengths, supply the cement at no additional cost to the Owner. f. A trial mix shall be designed by an independent testing laboratory, retained and paid by the Contractor and approved by the Owner. The testing laboratory shall submit verification that the materials and proportions of the trial concrete mix design meet the requirements of the Specifications. g. From these trial mix tests, the ratios between 7-day and 28-day strengths shall be established. The 7-day strength which corresponds to the required 28-day strength shall be determined. h. The final results of the trial mix design shall be submitted to the Engineer at least 10 days prior to the scheduled beginning of concrete placement and shall be approved by the Engineer prior to the placement of any concrete. 4. Revisions to concrete mixtures: a. When less than 15 compressive strength tests results for a given class of concrete are available from the current Project: 1). If any of the following criteria are met, take immediate steps to increase average compressive strength of the concrete. a). A 7-day compressive strength test result multiplied by 1.5 falls below the required 28-day compressive strength. b). A 28-day compressive strength tests result is deemed not satisfactory. b. When at least 15 compressive strength test results for a given class of concrete become available from the current Project: 1). Calculate the actual average compressive strength, standard deviation and required average compressive strength using the previous 15 consecutive strength tests. Submit results in graphical form with each 28-day test result for that class of concrete. 2). If any of the following criteria are met, take immediate steps to increase average compressive strength of the concrete. a). A 7-day compressive strength test result multiplied by the average job-to- date ratio of 7-day to 28-day compressive strength falls below the required 28-day compressive strength. b). A 28-day compressive strength tests result is deemed not satisfactory. c). The average compressive strength falls below the required average compressive strength. c. When revisions to the mix design are required, notify the Engineer in writing of the corrective actions taken. OFF-SITE BATCH PLANT 2.10 A. Batch plants shall be an established concrete batching facility meeting the requirements of the Concrete Plant Standards of the Concrete Plant Manufacturers Bureau. CONCRETE MIXING 2.11 A. Mixers may be stationary, truck, or paving mixers of approved design. They shall be capable of combining the materials into a uniform mixture and of discharging without mixture segregation. Stationary and paving mixers shall be provided with an acceptable device to lock the discharge mechanism until the required mixing time has elapsed. The mixers or mixing plant shall include a device for automatically counting the total number of batches of concrete mixed. The mixers shall be operated at the drum or mixing blade speed designated by the manufacturer on the name plate. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 14 of 25 CAST-IN-PLACE CONCRETE B. The mixing time for stationary mixers shall be based upon the mixer’s ability to produce uniform concrete throughout the batch and from batch to batch. For guidance purposes, the manufacturer’s recommendations, or 1 minute for 1 cubic yard plus 1/4 minute for each additional cubic yard may be used. Final mixing time shall be based on mixer performance. Mixers shall not be charged in excess of the capacity specified by the manufacturer. C. When a stationary mixer is used for partial mixing of the concrete (shrink mixed), the stationary mixing time may be reduced to the minimum necessary to intermingle the ingredients (about 30 seconds). D. When a truck mixer is used, either for complete mixing (transit-mixed) or to finish the partial mixing in a stationary mixer and in the absence of uniformity test data, each batch of concrete shall be mixed not less than 70 nor more than 100 revolutions of the drum, at the rate of rotation designated by the manufacturer of the equipment as mixing speed. If the batch is at least 1/2 cubic yard less than the rated capacity, in the absence of uniformity test data, the number of revolutions at mixing speed may be reduced to no less than 50. Additional mixing shall be performed at the speed designated by the manufacturer of the equipment as agitating speed. When necessary for proper control of the concrete, mixing of transit-mixed concrete shall not be permitted until the truck mixer is at the Site of the concrete placement. Truck mixers shall be equipped with accurate revolution counters. E. Paving mixers may be either single compartment drum or multiple compartment drum type. A sled or box of suitable size shall be attached to the mixer under the bucket to catch any concrete spillage that may occur when the mixer is discharging concrete into the bucket. Multiple compartment drum paving mixers shall be properly synchronized. The mixing time shall be determined by time required to transfer the concrete between compartments of the drum. F. Vehicles used in transporting materials from the batching plant to the paving mixers shall have bodies or compartments of adequate capacity to carry the materials and to deliver each batch, separated and intact, to the mixer. Cement shall be transported from the batching plant to the mixers in separate compartments which are equipped with windproof and rain proof covers. 3.00 EXECUTION PREPARATION 3.01 A. Notify the Owner’s representative upon completion of various portions of the work required for placing concrete, so that inspection may be made as early as possible. Keep the Owner’s representative informed of the anticipated concrete placing schedules. B. All items, including lines and grades, forms, waterstops, reinforcing, inserts, piping, electrical, plumbing and the Contractor’s concreting materials and equipment shall be in compliance with the Contract Documents before proceeding. C. Do not place any concrete until formwork and the placing reinforcement in that unit is complete. Place no concrete before the completion of all adjacent operations which might prove detrimental to the concrete. D. Brilliantly light the Site so that all operations are plainly visible when concrete mixing, placing, and finishing, continues after daylight. Whenever possible, concrete finishing shall be completed in daylight hours. E. Provide ready-mixed concrete produced by equipment complying with ACI 318 and ASTM C94 and produced by a plant certified by the NRMCA. Do not hand-mix. All truck mixers shall carry a rating plate conforming to TMMB 100. Clean each transit mix truck drum and reverse drum rotation before the truck proceeds under the batching plant. Equip each transit mix truck with a continuous, nonreversible, revolution counter showing the number of revolutions at mixing speeds. F. Transport ready-mix concrete to the site in watertight agitator or mixer trucks loaded not in excess of their rated capacities as stated on the name plate. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 15 of 25 CAST-IN-PLACE CONCRETE G. When placing concrete, the forms shall be clean and entirely free from all chips, dirt, sawdust and other extraneous matter. Forms for slab, beam and girder construction shall not have tie wire cuttings, nails, or any other matter which would mar the appearance of the finished construction. Clean forms and keep them free of any foreign matter during concrete placing. H. The concrete shall be mixed in quantities required for immediate use. Any concrete which is not in place within the time limits specified shall not be used. Concrete shall not be re- tempered. I. Concrete shall not be placed if impending weather conditions would impair the quality of the finished Work. J. Unless otherwise provided, the following requirements shall govern the time sequence on which construction operations shall be carried. 1. Forms for walls or columns shall not be erected on concrete footings until the concrete in the footing has cured for at least 2 curing days. Concrete may be placed in a wall or column as soon as the forms and reinforcing steel placements are approved. 2. Steel beams or forms and falsework for superstructures shall not be erected on concrete substructures until the substructure concrete has cured for at least 4 curing days. Falsework required for superstructures shall not be erected until the substructure has cured for 4 curing days, and shall not be removed until the superstructure has cured. EMBEDDED ITEMS 3.02 A. Where aluminum anchors, aluminum shapes, or aluminum electrical conduits are embedded in concrete, paint aluminum contact surfaces with zinc rich primer. Allow the paint to thoroughly dry before placing the aluminum in contact with the concrete. B. Paint steel or other ferrous metal to be mounted on or placed in contact with dry/cured concrete, and coat in accordance with Division 9 painting specifications prior to installation. VAPOR RETARDERS 3.03 A. Place, protect, and repair vapor-retarder sheets according to ASTM E1643 and manufacturer’s written instructions. B. Granular fill below the vapor retarder shall be smoothed and free of protrusions that might damage or rupture the polyethylene film. Completely cover porous fill with film. Lap film not less than six inches at all joints, with the top placed in the direction of concrete spreading. Use pressure-sensitive tape at all laps of vapor barrier. Lap reinforcement directly over film before placing concrete, taking precautions to prevent film punctures. Carefully cut film around pipes and wiring outlets, and then apply pressure sensitive tape around these protrusions to insure maximum barrier effectiveness. JOINTS 3.04 A. Expansion Joints and Devices: 1. Workmanship: Exercise careful workmanship in joint construction to separate the concrete sections by an open joint or by the joint materials, and make the joints true to the outline indicated. 2. Expansion Joints: Construct expansion joints and devices to provide expansion and contraction. Construct joints which are to be left open or filled with poured joint material with forms which are adaptable for loosening or early removal. In order to avoid jamming by the expansion action of the concrete and the consequent likelihood of injuring adjacent concrete, remove or loosen these forms as soon as possible after the concrete has initially set. Make provisions for loosening the forms to permit free concrete expansion without requiring full removal. B. Construction Joints: 1. Construction joints are formed by placing plastic concrete in direct contact with concrete which has attained its initial set. When concrete is specified as monolithic, the term shall Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 16 of 25 CAST-IN-PLACE CONCRETE be interpreted as the manner and sequence of concrete placement so that construction joints do not occur. a. Unless noted otherwise, the maximum horizontal spacing of construction joints shall be 30 feet.   b. Base slab, floor, and roof slab construction joints:  1) Placements to be approximately square.  2) Maximum side dimension of a slab pour to be 50 FT.  c. For slabs on grade, the maximum spacing between two construction joints or between a construction joint and a control joint shall be 15 feet, unless noted otherwise. d. Unless noted otherwise or approved by the Engineer, the maximum vertical spacing of construction joints shall be 15 feet. If not detailed on the Drawings, construction joint details and locations shall be submitted to the Engineer for approval. 2. Additional horizontal and vertical construction joints, when submitted and approved by the Engineer, may have an impact on reinforcing details. Revise reinforcing details to reflect additional joints. 3. Unless otherwise provided, construction joints shall be square and normal to the forms. Provide bulkheads in the forms for all joints except horizontal joints. 4. At the proper time, clean horizontal construction joints for receiving the succeeding lift using air water cutting. The surface shall be exposed sound, clean aggregate. The air pressure supply to the jet shall be approximately 100 lb. per square inch, and the water pressure sufficient to bring the water into effective influence of the air pressure. After cutting, wash the surface until there is no trace of cloudiness in the wash water. 5. In areas where air water cutting cannot be satisfactorily accomplished, or in areas where it is undesirable to disturb the surface of the concrete before it has hardened, prepare the surface for receiving the next lift by wet sand blasting to immediately remove all laitance and unsound concrete prior to placing of the next lift. Thoroughly wash the surface of the concrete after sand blasting to remove all loose material. 6. Provide construction joints with concrete keyways or roughened surface without keyway if indicated on the Drawings. Unless indicated otherwise, provide joints perpendicular to main reinforcement. Continue reinforcing steel with a minimum of lap splice length through the joint as indicated on the Drawings. Provide waterstops in wall and slab construction joints in liquid retaining structures, below grade structures and at other locations shown on the Drawings. The method of forming keys in keyed joints shall permit the easy removal of forms without chipping, breaking, or damaging the concrete. The keyway shall be constructed with the dimensions indicated on the drawings. No inverted keyway shall be allowed. The surface of the construction joint without keyway shall be uniformly roughened to full amplitude (distance between high and low points and side to side) of ¼-in to expose a fresh face. C. Existing Hardened Concrete: Where new concrete or grout is to be placed in contact with existing hardened concrete, texture the existing surface by chipping or other means so that an irregular surface having a height variance of not less than 1/4 inch is created. The existing concrete shall then be coated with a bonding agent and new concrete or grout placed. WATERSTOPS 3.05 A. PVC Waterstops: Install in construction joints as indicated to form a continuous diaphragm. Install in longest lengths practicable. Support and protect exposed waterstops during progress of Work. 1. At formed surfaces, a split form shall be used. The split form shall have a tight fit which prevents misalignment and concrete leakage. 2. The embedded flange of the waterstop must be secured prior to concrete placement. The flange shall be secured at 12 inches on-center by factory installed hog rings or Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 17 of 25 CAST-IN-PLACE CONCRETE grommets at the outermost rib. Never place nails or screws through the body of the waterstop. 3. All fittings and changes in direction shall be factory fabricated. Only straight butt splices shall be made in the field. Field splices shall be according to the manufacturer’s written instructions and as follows: a. Cut adjoining ends square to form matching edges. b. Uniformly melt the ends at 380 F using a thermostatically controlled, Teflon coated splicing iron. c. When a 1/8-inch diameter melt bead develops on each waterstop end, remove the splicing iron and firmly press the two ends together in proper alignment. Hold until the material has fused and cooled. Allow the splice to cool naturally; do not quench. B. Self-Expanding Strip Waterstops: 1. Install in construction joints and at other locations indicated, according to manufacturer’s written instructions, bonding or mechanically fastening and firmly pressing into place. a. Waterstop shall be bonded to the substrate using a continuous layer of adhesive seal per manufacturer’s recommendations. 2. Install in longest lengths practicable. CONCRETE PLACEMENT 3.06 A. Cold Weather: 1. If air temperature has fallen to, or is expected to fall below 40 F during the protection period (a minimum of 48 hours unless longer time frame is recommended by ACI 306R), then cold weather concreting shall be performed in accordance with ACI 306R. 2. In cases where the temperature drops below 40 F after the concreting operations have been started, sufficient canvas and framework or other type of housing shall be furnished to enclose and protect the structure, in accordance with the requirements of ACI 306R. Sufficient heating apparatus to provide heat shall be supplied, and heating source and protection from combustion gas shall be in accordance with ACI 306R. The concrete shall be protected when placed under all weather conditions. Should concrete placed under such conditions prove unsatisfactory, remove and replace the concrete at no cost to the Owner. 3. When the air temperature is above 30 F: a. The minimum concrete temperature at the time of mixing shall be 60 F unless other requirements of ACI 306R are met, which may allow for a lower mix temperature. b. The minimum concrete temperature at the time of placement and during the protection period shall be 55 F unless other requirements of ACI 306R are met, which may allow for a lower temperature. 4. The means used to heat a concrete mix shall be in accordance with ACI 306R. 5. Salts, chemicals, or other foreign materials shall not be mixed with the concrete to preventing freezing. Calcium chloride is not permitted. B. Hot Weather: 1. Hot weather is defined as any combination of high air temperature, low relative humidity and wind velocity that impairs the quality of the concrete. Hot weather concreting shall be in accordance with ACI 305R. Concrete shall be placed in the forms without the addition of any more water than that required by the design (slump). No excess water shall be added on the concrete surface for finishing. Control of initial set of the concrete and extending the time for finishing operations may be accomplished with the use of approved water reducing and set retarding admixture, as specified. 2. Maximum time intervals between the addition of mixing water and/or cement to the batch, and the placing of concrete in the forms shall not exceed the following: Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 18 of 25 CAST-IN-PLACE CONCRETE Concrete Temperature Maximum time From Water Batch to Placement 40° to 69° F 90 Minutes 70° F to 79° F 60 Minutes 80° F to 90° F 45 Minutes a. The use of an approved high range water reducing (HRWR) admixture will allow placement time extensions as determined by the manufacturer. The extended placement time shall not exceed 90 minutes. 3. The maximum temperature of concrete shall not exceed 90 F at the time the concrete is placed. The temperatures of the mixing water shall be reduced by the use of chilled water or ice. 4. Under extreme heat, wind, or humidity conditions, concreting operations may be suspended if the quality of the concrete being placed is not acceptable. C. Handling and Transporting: 1. Delivery tickets shall be required for each batch and shall be in accordance with ASTM C94, Section 16. Each delivery ticket must show plainly the amount of water, in gallons that can be added to the mixer truck at the Site without exceeding the maximum water cement ratio approved for that mix design. Amount of water added must be in proportion to contents of truck. 2. Arrange and use chutes, troughs, or pipes as aids in placing concrete so that the ingredients of the concrete are not segregated. They shall be steel or steel lined. When steep slopes are necessary, equip the chutes with baffles or make in short lengths that reverse the direction of movement. Extend open troughs and chutes, if necessary, inside the forms or through holes left in the forms. Terminate the ends of these chutes in vertical downspouts. 3. Keep chutes, troughs and pipes clean and free from coatings of hardened concrete by thoroughly flushing with water before and after placement. Discharge water used for flushing away from the concrete in place. 4. Concrete pumping is permitted and shall comply with ACI 304.2R. 5. Carting or wheeling concrete batches on completed concrete floor slab shall not be permitted until the slab has aged at least 4 curing days. Unless pneumatic tired carts are used, wheel the carts on timber planking so that the loads and impact are distributed over the slab. Curing operations shall not be interrupted for the purpose of wheeling concrete over finished slabs. D. Depositing: 1. The method and manner of placing shall prevent segregation or separation of the aggregate or the displacement of the reinforcement. Use drop chutes of rubber or metal when necessary. Prevent the spattering of forms or reinforcement bars if the spattered concrete dries or hardens before it is incorporated into the mass. 2. Fill each part of the forms by directly depositing concrete as near its final position as possible. Work the coarse aggregate back from the face and force the concrete under and around the reinforcement bars without displacing them. Depositing large quantities at one point in the forms, then running or working it along the forms shall not be permitted. 3. After the concrete has taken initial set, the forms shall not be jarred. No force or load shall be placed upon projecting reinforcement. 4. Deposit the concrete through vertical drop chutes of rubber or metal of satisfactory size when operations involve placing concrete from above, such as directly into an excavated area, or through the completed forms, particularly in walls, piers, columns, and similar Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 19 of 25 CAST-IN-PLACE CONCRETE structures. Drop chutes shall be made in sections or provided in several lengths so that the outlet may be adjusted to proper heights during placing. 5. Except for drilled shafts, concrete shall not be dropped free more than 10 feet when HRWR admixture is used or 4 feet without HRWR. Place in continuous horizontal layers with a depth of from 1 to 3 feet, depending upon the wall thickness. Each layer shall be soft when a new layer is placed upon it. No more than 1 hour shall elapse between the placing of successive concrete layers in any portion of the structures included in continuous placement. 6. Place required sections in one continuous operation to avoid additional construction joints. 7. If excessive bleeding causes water to form on the surface of the concrete in tall forms, make the mix dryer to reduce the bleeding. In tall walls, place the concrete to a point about 1 foot below the top of the wall and allow to settle for 1 to 2 hours. Resume and complete concreting before set occurs. 8. For slopes greater than two percent, start concrete placement at low end and proceed upslope. E. Consolidating: 1. Compact each layer of concrete and flush the mortar to the surface of the forms by continuous-working mechanical vibrators. Vibrators which operate by attachment to forms shall not be used. Apply the vibrator to the concrete immediately after deposit. Move vibrator throughout the layer of the newly placed concrete, several inches into the plastic layer below. Thoroughly work the concrete around the reinforcement, embedded fixtures and into the corners and angles of the forms until it is well-compacted. 2. Mechanical vibrators shall not be operated so that they penetrate or disturb previously placed layers which are partially set or hardened. They shall not be used to aid the flow of concrete laterally. The vibration shall be of sufficient duration to completely compact and embed reinforcement and fixtures, but not to an extent causing segregation. 3. Keep vibrators constantly moving in the concrete and apply vertically at points uniformly spaced, not farther apart than the radius over which the vibrator is visibly effective. The vibrator shall not be held in one location longer than required to produce a liquified appearance on the surface. 4. When submerged in concrete, internal vibrators shall maintain a frequency of not less than 6000 impulses per minute for spuds with diameters greater than 5 inches and 10,000 impulses for smaller spuds. The vibration intensity (amplitude) shall be sufficient to produce satisfactory consolidation. 5. Provide one vibrator (powered pneumatically or electrically) for each 10 cubic yards of concrete per hour being placed. Provide at least one vibrator, which may be of the gasoline powered type, as a standby for each two vibrators in service. To produce satisfactory consolidation, and based upon the observed performance, the Owner’s representative may require the use of a larger sized and powered vibrator. 6. Check vibrators intended for regular service or standby service before beginning concreting operations. F. Placement in Water: 1. Deposit concrete in water only when dry conditions cannot be obtained. The forms, cofferdams, or caissons shall be sufficiently tight to prevent any water flowing through the space where concrete is to be deposited. Pumping of water shall not be permitted while the concrete is being placed, nor until it has set for at least 36 hours. 2. Carefully place the concrete compact mass using a tremie, closed bottom dumping bucket, or another approved method which does not permit the concrete to fall through the water without protection. The concrete shall not be disturbed after being deposited. Regulate depositing to maintain horizontal surfaces. 3. When a tremie is used, it shall consist of a tube constructed in sections having water-tight connections. The means of supporting the tremie shall permit the movement of the Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 20 of 25 CAST-IN-PLACE CONCRETE discharge end over the entire top surface of the work, and shall allow the tremie to be rapidly lowered to retard the flow. The number of times it is necessary to shift the location of the tremie shall be held to a minimum for any continuous placement of concrete. During the placing of concrete, keep the tremie tube full to the bottom of the hopper. When a batch is dumped into the hopper, slightly raise the tremie, but not out of the concrete at the bottom, until the batch discharges to the level of the bottom of the hopper. Stop the flow by lowering the tremie. Continue placing operations until the work is completed. 4. When concrete is placed by means of the bottom dump bucket, the bucket shall have a capacity of not less than 1/2 cubic yard. Lower the bucket gradually and carefully until it rests upon the concrete already placed. Raise it very slowly during the discharge travel to maintain still water at the point of discharge and to avoid agitating the mixture. 5. Use a sump or other approved method to channel displaced fluid and concrete away from the shaft excavation. Recover slurry and dispose of it as approved. Do not discharge displaced fluids into or in close proximity to streams or other bodies of water. G. Placement in Slabs: 1. Allow concrete in columns, walls and deep beams or girders to stand for at least 1 hour to permit full settlement from consolidation, before concrete is placed for slabs they are to support. Haunches are considered as part of the slab and shall be placed integrally with them. 2. When monolithic slabs are placed in strips, the widths of the strips, unless otherwise specified or indicated, shall insure that concrete in any one strip is not allowed to lie in place for more than 1 hour before the adjacent strips are placed. 3. Immediately before placing concrete, thoroughly dampen the earthen cushion to receive concrete to prevent moisture absorption from the concrete. 4. As soon as concrete placing is complete for a slab section of sufficient width to permit finishing operations, level the concrete, strike off, tamp and screed. The screed shall be of a design adaptable to the use intended, shall have provision for vertical adjustment and shall be sufficiently rigid to hold true to shape during use. 5. The initial strike off shall leave the concrete surface at an elevation slightly above grade so that, when consolidation and finishing operations are completed, the surface of the slab is at grade elevation. 6. Continue tamping and screeding operations until the concrete is properly consolidated and free of surface voids. Bring the surface to a smooth, true alignment using longitudinal screeding, floating, belting, and/or other methods. 7. When used, templates shall be of a design which permits early removal so satisfactory finishing at and adjacent to the template is achieved. 8. While the concrete is still plastic, straightedge the surface using a standard 10-foot metal straightedge. Lap each straightedge pass one-half of the preceding pass. Remove high spots and fill depressions with fresh concrete and re-float. Continue to check with a straightedge during the final finishing operation, until the surface is true to grade and free of depressions, high spots, voids, or rough spots. 9. Check the final surface with a straightedge. Ordinates measured from the face of the straightedge to the surface of the slab shall not exceed 1/16 inch per foot from the nearest point of contact. The maximum ordinate shall be 1/8 inch per 10 feet. 10. Unless noted otherwise, where floor drains are shown in slabs and sloping the slab is not indicated, slope slab to drain on a grade of 1/16 inch per foot with a maximum total slope of 1-1/4 inches. The thickness of slab at floor drain shall be the thickness of slab, as indicated on the Drawings. H. Placement in Foundations: Place concrete in deep foundations so that segregation of the aggregates or displacement of the reinforcement is avoided. Provide suitable chutes or vertical pipes. When footings can be placed in dry foundation pits without the use of cofferdams or caissons, unless otherwise indicated on the drawings, forms may be omitted Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 21 of 25 CAST-IN-PLACE CONCRETE and the entire excavation filled with concrete to the elevation of the top of footing. The placing of concrete bases above seal courses is permitted after the forms are free from water and the seal course cleaned. Execute necessary pumping or bailing during concreting from a suitable sump located outside the forms. FINISHING FORMED SURFACES 3.07 A. Forms for walls, columns and sides of beams and girders shall be removed as specified in Section 03100 “Concrete Formwork”. Patch, repair, finish and clean concrete after form removal. Finish concrete within 7 days of form removal. Cure concrete as finishing progresses. B. Air voids, for all types of finishes, are defects and shall be removed by rubbing or patching. C. Finish Schedule: Type of Finish Location No Finish Surfaces which are not visible from the inside or outside of the completed structure or more than 12” below finish grade (i.e. back of retaining walls below embankment, etc.) Smooth Finish Surfaces exposed to view and to 1-ft below grade D. No Finish: After forms are removed, repair or patch-tie holes and defects. Otherwise, no additional finish is required. E. Smooth Finish: Unless otherwise shown on the schedule above, provide smooth form finish for concrete surfaces to be exposed to view. Surfaces to receive a rubbed finish shall have a smooth form finish. The form facing material shall produce a smooth, hard, uniform texture on the concrete. The arrangement of the facing material shall be orderly and symmetrical with a minimum number of seams. Patch tie holes and defects and remove fins flush with the adjacent surface. FINISHING FLOORS AND SLABS 3.08 A. General: Comply with recommendations in ACI 302.1R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Finish slabs, platforms and steps monolithically and apply as indicated on the Drawings and the following schedule of finishes: Type of Finish Location Rough Finish Tank floors that receive grout topping and slabs which receive additional concrete toppings. Trowel Finish Slab surfaces exposed to view or to be covered with resilient flooring, carpet, and ceramic or quarry tile set over a cleavage membrane, paint, or another thin film-finish coating system. Broom Finish Exterior concrete platforms, steps, and ramps. 1. Rough Finish: Provide a rough surface by screeding only without further finish. 2. Trowel Finish: a. After applying float finish, apply first trowel finish and consolidate concrete by hand or power-driven trowel. Continue troweling passes and re-straighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings. b. Finish and measure surface so gap at any point between concrete surface and an unleveled freestanding 10-foot long straightedge, resting on two high spots and placed anywhere on the surface, does not exceed 1/8 inch. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 22 of 25 CAST-IN-PLACE CONCRETE 3. Broom Finish: Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. Coordinate required final finish with Architect before application. C. Give sidewalks a brush finish, unless noted otherwise. Score sidewalks at a spacing equal to the width of the walk and edge on each side using a tool with a radius of approximately 1/4 inch. D. Finishing in Hot, Dry Weather: During periods of high temperature and/or low humidity, take extreme care in finishing the slabs to eliminate initial shrinkage cracks. Following the initial set of concrete, but while the concrete is still “green” continue to finish as required to remove shrinkage cracks which may occur. In hot, dry weather, keep a cement finisher on the job following normal finishing operations for a sufficient length of time to insure the removal of initial shrinkage cracks. MISCELLANEOUS CONCRETE ITEMS 3.09 A. Normal Shrinkage Grouting: 1. Prior to grout application, thoroughly clean the surface of all foreign matter and wet down. Thoroughly clean the foundation and the forms set in place and securely anchor, with holes or cracks in forms caulked with rags, cotton waste or dry sand mixture to prevent the loss of grout. The necessary materials and tools shall be on hand before starting grouting operations. Concrete shall be damp when the grout is poured, but shall not have excess water to dilute the grout. 2. After wetting and just prior to grouting, sprinkle the surface lightly with cement to improve the bond between the grout and the surface. 3. After mixing, quickly and continuously place the grout to avoid overworking, segregation and breaking down of the initial set. Mix and place the grout according to the manufacturer’s recommendations. Cure grout using wet curing method for concrete. Grout shall receive a steel trowel finish. B. Non-Shrink Grout: 1. Obtain field technical assistance from the Grout manufacturer, as required, to insure that grout mixing and installation comply with the manufacturer’s recommendations and procedures. 2. Saturate the foundation for non-shrink grouts 24 hours before installation and clear of excess water. Free baseplates or bedplates of oil, grease, laitance and other foreign substances. 3. Place grout according to the manufacturer’s directions so that spaces and cavities below the top of the baseplates and bedplates are completely filled. Provide forms where structural components of the baseplates or bedplates do not confine the grout. Where necessary and acceptable under the manufacturer’s procedures, a round head pencil vibrator, 3/4-inch maximum diameter may be used to consolidate the grout. 4. Steel trowel finish the non-shrink grout where the edge of the grout is exposed to view and after the grout has reached its initial set. Cut off the exposed edges of the grout at a 45 degree angle to the baseplate, bedplate, member, or piece of equipment. 5. Wet curing should occur for at least 3 days, unless specified by manufacturer, with wet rags, wet burlap or polyethylene sheets. Keep cloths constantly wet for the curing cycle. 6. Clean and dry the foundation, baseplate or other surface of epoxy grouts prior to installation. Dry curing is acceptable for epoxy grouts. 7. Use epoxy non-shrink grout under all machinery, pumps, equipment, and where chemicals are present that would abate cementitious non-shrink grouts. 8. Mix, install, cure, and finish epoxy grouts according to the manufacturer’s recommendations. Install grout in recommended lifts to prevent excess heat. CONCRETE PROTECTION AND CURING 3.10 Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 23 of 25 CAST-IN-PLACE CONCRETE A. General: Give careful attention to proper concrete curing. The curing methods shall be wet curing, sheet materials conforming to ASTM C171, or membrane curing compound conforming to ASTM C309. Membrane curing is not permitted on surfaces to be rubbed or on surfaces to which additional concrete, plaster mix mortar or terrazzo is to be applied. Unless the curing method is specified otherwise, select the appropriate curing method. B. Length of Curing Period: 1. A “curing day” shall be any day on which the atmospheric temperature taken in the shade, or the air temperature adjacent to the concrete, remains above 50 F for at least 18 hours. 2. Cure concrete for a period of 7 consecutive days. In cold weather, when curing may be retarded, extend this period to 7 “curing days”, up to a limit of 14 consecutive days. C. Wet Curing: 1. Immediately following the finishing operations, cover concrete slabs, including roof slabs, with wet cotton mats or with a temporary covering of canvas or burlap. Keep thoroughly wet for a period of 4 curing days after the concrete is placed. The covering shall be held in direct contact with the concrete. A temporary covering shall be required when the size of slab, size of mats, or other factors dictate that the mats cannot be placed immediately after the finishing operations without marring the finishing of the slab. 2. Water used for curing shall be free from injurious amounts of oil, acid, alkali, salt, or other deleterious substances. 3. Canvas or burlap covering material shall weigh not less than 12 ounces per square yard. Place the sections with a lap at the edges of at least 8 inches. Saturate cover material with water previous to placing. Keep saturated as long as it remains in place. Use care in the placing of the cover material to prevent marring the concrete surface. 4. When temporary coverings are used, keep them in place only until the slab has sufficiently hardened so that a cotton mat covering can be substituted without marring or disturbing the slab finish. Thoroughly saturate cotton mats before placing and keep the mats on the slab in a saturated condition for a period of at least 4 curing days. D. Sheet Curing: Sheet materials shall conform to ASTM C171. They shall be in contact with the entire concrete surface and applied according to the manufacturer’s recommendations. Patch all holes. Where pedestrian traffic is unavoidable, provide suitable walkways to protect the sheet material. E. Membrane Curing: 1. Membrane curing shall not be used on surfaces which receive paint, floor hardener, or plaster mix finish or other finish which would be hindered by the use of the curing compound. 2. Cover the surface of the concrete with a continuous, uniform, water-impermeable coating, conforming to ASTM C309 “Liquid Membrane Forming Compounds for Curing Concrete” and apply according to ACI 308. 3. Immediately after the removal of the side and end forms, apply a coating to the sides and ends of all concrete. Apply the solution under pressure with a spray nozzle so that the entire exposed surface is completely covered with a uniform film. The rate of application shall insure complete coverage, but the area covered shall not exceed 150 square feet per gallon of curing compound. 4. The coating shall be sufficiently transparent and free of permanent color to not result in a pronounced color change from that of the natural concrete at the conclusion of the curing period. The coating shall, however, contain a dye of color strength to render the film distinctively visible on the concrete for a period of at least 4 hours after application. 5. After application and under normal conditions, the curing compound shall be dry to touch within 1 hour and shall dry thoroughly and completely within 4 hours. When thoroughly dry, it shall provide a continuous flexible membrane free from cracks or pinholes and shall not disintegrate, check, peel, or crack during the required curing period. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 24 of 25 CAST-IN-PLACE CONCRETE 6. If the seal is broken during the curing period, immediately repair it with additional sealing solution. CONCRETE SURFACE REPAIRS 3.11 A. After the tie rods are broken back or removed, thoroughly clean the holes to remove grease and loose particles. Patch holes with structural concrete repair material. After the holes are completely filled, strike off flush excess mortar and finish the surface to render the filled hole inconspicuous. B. If the surface of the concrete is bulged, uneven, or shows honeycombing or form marks, which in the Engineer’s opinion cannot be repaired satisfactorily, remove and replace the entire section. C. Patch honeycomb and minor defects in all concrete surfaces with structural concrete repair material. Cut back each defective area with a pneumatic chipping tool as deep as the defect extends, but in no case less than 1/2 inch. Prepare the existing concrete according to the recommendations of patching material manufacturer’s. Apply repair material according to the manufacturer’s recommendations. Finish the surface of the patches to match finish on surrounding concrete. FIELD QUALITY CONTROL 3.12 A. Testing: 1. General: a. Tests shall be required throughout the Work to monitor the quality of concrete. Samples shall be taken in accordance with ASTM C172. b. The Engineer may waive these requirements on concrete placements of ten cubic yards or less. However, evidence shall be furnished showing a design mix which meets the Specifications. c. Unless noted otherwise, testing of the materials, ready mix, transit mix or central plant concrete will be by an independent testing agency. The Owner will select and pay for this service. A summary of all tests performed will be available. No concrete shall be placed without a representative present at either the plant or at the Site. d. Unless the Owner’s laboratory is on the Site, provide housing for the curing and storage of test specimens and equipment. 2. Slump Test: Slump tests, in accordance with ASTM C143, shall be used to indicate the workability and consistency of the concrete mix from batch to batch. Generally, a slump test shall be made at the start of operations each day, at regular intervals throughout a working day, and at any time when the appearance of the concrete suggests a change in uniformity. 3. Air Content Test: Tests for the concrete’s air content shall be made in accordance with ASTM C231 or ASTM C173, at the point of delivery of concrete, prior to placing in forms. The test shall be made frequently to monitor a proper air content uniform from batch to batch. 4. Temperature Test: The temperature of the concrete to be placed shall be taken with a thermometer immediately before placement, with the point of measurement being in the chute or bucket. Temperature test shall be performed for each truck. Record temperatures on batch ticket. 5. Compression Test: a. Compression test specimens shall be 6-by-12-inch concrete cylinders made and cured in accordance with ASTM C31. If the maximum aggregate size is not greater than 1 inch, 4-by-8-inch concrete cylinders are acceptable. No fewer than four specimens shall be made for each test Sample. Samples shall be taken at a minimum of every 50 cubic yards of concrete for each class placed. At least one set of test specimens per day shall be made for each class of concrete used that day. Specimens shall be cured under laboratory conditions specified in ASTM C31. Item 18 1850‐001‐01  OCTOBER 2016 03300 Page 25 of 25 CAST-IN-PLACE CONCRETE Additional concrete cylinders may be required for curing on the job under actual job curing conditions. These Samples could be required when: 1). There is a possibility of the air temperature surrounding the concrete falling below 40 F, or rising above 90 F. 2). The curing procedure may need to be improved and/or lengthened. 3). It is necessary to determine when the structure may be put into service. b. Compression strength tests shall be made on the laboratory-cured and job-cured concrete cylinders at 7 and 28 days, in accordance with ASTM C39. Test two cylinders at 28 days for strength test result and one at 7days for information from the same sample tested at 28 days. The value of each strength test result shall be the average compressive strength of two cylinders in the test Sample. All cylinders within a test Sample shall be taken at the same time from the same batch of concrete. For the 28-day cylinders, the strength level shall be satisfactory if the averages of all sets of three consecutive strength test results exceed the required design compressive strength, and no individual strength test result falls below the required compressive strength by more than 500 psi. 6. Failure to Meet Requirements: a. Should the 7-day strengths shown by the test specimens fall below the required values, additional curing shall be performed on those portions of the structures represented by the test specimens at the Contractor’s expense. Test cores shall be obtained and tested in accordance with ASTM Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete, Designation C 42. If additional curing does not give the strength required, the Owner reserves the right to require strengthening, replacement of those substandard portions of the structure, or additional testing, at the Contractor’s expense. b. Upon receipt of the Contractor’s written request, substandard concrete work may be reexamined in place by nondestructive testing methods or core Samples, in accordance with ACI 301. The services of an independent testing laboratory shall be retained and all expenses paid without compensation from the Owner. Laboratory results shall be evaluated by the Engineer, who shall make the final decision on acceptability of the concrete in question. Core Sample holes shall be repaired. B. The Owner may withhold payment for any section of concrete which does not meet the requirements of the Specifications. Withheld payment shall be based upon the unit prices established for concrete and reinforcing steel. Payment shall be withheld until the unacceptable concrete has been refinished, removed and replaced or otherwise brought into conformance with the Specifications. C. PVC Waterstops: Waterstops shall be observed by the Owner’s representative prior to concrete placement. Unacceptable splicing defects include: 1. Misalignment of center bulb, ribs and end bulbs greater than 1/16 inch. 2. Bond failure at joint deeper than 1/16 inch. 3. Misalignment which reduces waterstop cross-section more than 15 percent. 4. Bubble or visible porosity in the weld. 5. Visible signs of splice separation when a cooled splice is bent by hand at a sharp angle. 6. Charred or burnt material END OF SECTION  Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 03410 Page 1 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL SECTION 03410 CONCRETE, PLANT-PRECAST STRUCTURAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Precast structural concrete. 1.3 PERFORMANCE REQUIREMENTS A. Delegated Design: Design precast structural concrete, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated. B. Structural Performance: Precast structural concrete units and connections shall withstand design loads indicated within limits and under conditions indicated. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Design Mixtures: For each precast concrete mixture. C. Shop Drawings: Include member locations, plans, elevations, dimensions, shapes and sections, openings, support conditions, and types of reinforcement, including special reinforcement. Detail fabrication and installation of precast structural concrete units. D. Delegated-Design Submittal: For precast structural concrete indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation. E. Qualification Data: For Installer, fabricator, and testing agency. F. Welding certificates. G. Material certificates. H. Material test reports. I. Source quality-control reports. J. Field quality-control and special inspection reports. 1.5 QUALITY ASSURANCE A. Fabricator Qualifications: A firm that assumes responsibility for engineering precast structural concrete units to comply with performance requirements. Responsibility includes preparation of Shop Drawings and comprehensive engineering analysis by a qualified professional engineer. 1. Participates in PCI's Plant Certification program and is designated a PCI-certified plant. B. Design Standards: Comply with ACI 318 and design recommendations in PCI MNL 120, "PCI Design Handbook - Precast and Prestressed Concrete," applicable to types of precast structural concrete units indicated. C. Quality-Control Standard: For manufacturing procedures and testing requirements, quality- control recommendations, and dimensional tolerances for types of units required, comply with PCI MNL 116, "Manual for Quality Control for Plants and Production of Structural Precast Concrete Products." Item 18 1850-001-01 OCTOBER 2016 03410 Page 2 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL D. Welding Qualifications: Qualify procedures and personnel according to the following: 1. AWS D1.1/D.1.1M, "Structural Welding Code - Steel." 2. AWS D1.4, "Structural Welding Code - Reinforcing Steel." E. Preinstallation Conference: Conduct conference at Project site. 1.6 DELIVERY, STORAGE, AND HANDLING A. Support units during shipment on nonstaining shock-absorbing material in same position as during storage. B. Store units with adequate bracing and protect units to prevent contact with soil, to prevent staining, and to prevent cracking, distortion, warping or other physical damage. C. Lift and support units only at designated points shown on Shop Drawings. 1.7 COORDINATION A. Furnish loose connection hardware and anchorage items to be embedded in or attached to other construction before starting that Work. Provide locations, setting diagrams, templates, instructions, and directions, as required, for installation. PART 2 - PRODUCTS 2.1 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. B. Low-Alloy-Steel Reinforcing Bars: ASTM A 706/A 706M, deformed. C. Steel Bar Mats: ASTM A 184/A 184M, fabricated from ASTM A 615/A 615M, Grade 60, deformed bars, assembled with clips. D. Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from as-drawn steel wire into flat sheets. E. Deformed-Steel Welded Wire Reinforcement: ASTM A 497/A 497M, flat sheet. F. Supports: Suspend reinforcement from back of mold or use bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place according to PCI MNL 116. 2.2 PRESTRESSING TENDONS A. Strand: ASTM A 416/A 416M, Grade 270, uncoated, 7-wire, low-relaxation strand. 1. Coat unbonded post-tensioning strand with post-tensioning coating complying with ACI 423.6 and sheath with polypropylene tendon sheathing complying with ACI 423.6. Include anchorage devices and coupler assemblies. 2.3 MOLD MATERIALS A. Molds: Rigid, dimensionally stable, non-absorptive material, warp and buckle free, that will provide continuous and true precast concrete surfaces within fabrication tolerances indicated; nonreactive with concrete and suitable for producing required finishes. 1. Mold-Release Agent: Commercially produced liquid-release agent that will not bond with, stain or adversely affect precast concrete surfaces and will not impair subsequent surface or joint treatments of precast concrete. B. Form Liners: When required, provide units of face design, texture, arrangement, and configuration indicated or to match those used for precast concrete design reference sample. Furnish with manufacturer's recommended liquid-release agent that will not bond with, stain, or adversely affect precast concrete surfaces and will not impair subsequent surface or joint treatments of precast concrete. 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I or Type III, gray, unless otherwise indicated. Item 18 1850-001-01 OCTOBER 2016 03410 Page 3 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL B. Supplementary Cementitious Materials: 1. Fly Ash: ASTM C 618, Class C or F, with maximum loss on ignition of 3 percent. C. Normal-Weight Aggregates: Except as modified by PCI MNL 116, ASTM C 33, with coarse aggregates complying with Class 5S. Stockpile fine and coarse aggregates for each type of exposed finish from a single source (pit or quarry) for Project. D. Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures. E. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and to not contain calcium chloride or more than 0.15 percent chloride ions or other salts by weight of admixture. 2.5 STEEL CONNECTION MATERIALS A. Carbon-Steel Shapes and Plates: ASTM A 36/A 36M. B. Carbon-Steel-Headed Studs: ASTM A 108, AISI 1018 through AISI 1020, cold finished, AWS D1.1/D1.1M, Type A or B, with arc shields and with minimum mechanical properties of PCI MNL 116. C. Carbon-Steel Plate: ASTM A 283/A 283M. D. Malleable-Iron Castings: ASTM A 47/A 47M. E. Carbon-Steel Castings: ASTM A 27/A 27M, Grade 60-30. F. High-Strength, Low-Alloy Structural Steel: ASTM A 572/A 572M. G. Carbon-Steel Structural Tubing: ASTM A 500, Grade B. H. Wrought Carbon-Steel Bars: ASTM A 675/A 675M, Grade 65. I. Deformed-Steel Wire or Bar Anchors: ASTM A 496 or ASTM A 706/A 706M. J. Carbon-Steel Bolts and Studs: ASTM A 307, Grade A; carbon-steel, hex-head bolts and studs; carbon-steel nuts, ASTM A 563; and flat, unhardened steel washers, ASTM F 844. K. High-Strength Bolts and Nuts: ASTM A 325 or ASTM A 490, Type 1, heavy hex steel structural bolts; heavy hex carbon-steel nuts, ASTM A 563; and hardened carbon-steel washers, ASTM F 436. 1. Do not zinc coat ASTM A 490 bolts. L. Zinc-Coated Finish: For exterior steel items and items indicated for galvanizing, apply zinc coating by hot-dip process according to ASTM A 123/A 123M or ASTM A 153/A 153M. 1. Galvanizing Repair Paint: High-zinc-dust-content paint with dry film containing not less than 94 percent zinc dust by weight, and complying with DOD-P-21035B or SSPC-Paint 20. M. Shop-Primed Finish: Prepare surfaces of nongalvanized-steel items, except those surfaces to be embedded in concrete, according to requirements in SSPC-SP 3, and shop apply lead- and chromate-free, rust-inhibitive primer, complying with performance requirements in MPI 79. 2.6 BEARING PADS A. Provide bearing pads for precast structural concrete units as recommended by precast fabricator for application. 2.7 GROUT MATERIALS A. Sand-Cement Grout: Portland cement, ASTM C 150, Type I, and clean, natural sand, ASTM C 144 or ASTM C 404. Mix at ratio of 1 part cement to 2-1/2 parts sand, by volume, with minimum water required for placement and hydration. B. Nonmetallic, Nonshrink Grout: Premixed, nonmetallic, noncorrosive, nonstaining grout containing selected silica sands, Portland cement, shrinkage-compensating agents, plasticizing and water-reducing agents, complying with ASTM C 1107, Grade A for drypack Item 18 1850-001-01 OCTOBER 2016 03410 Page 4 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL and Grades B and C for flowable grout and of consistency suitable for application within a 30-minute working time. C. Epoxy-Resin Grout: Two-component, mineral-filled epoxy resin; ASTM C 881/C 881M, of type, grade, and class to suit requirements. 2.8 CONCRETE MIXTURES A. Prepare design mixtures for each type of precast concrete required. 1. Limit use of fly ash to 20 percent replacement of Portland cement by weight. B. Design mixtures may be prepared by a qualified independent testing agency or by qualified precast plant personnel at precast structural concrete fabricator's option. C. Limit water-soluble chloride ions to maximum percentage by weight of cement permitted by ACI 318 or PCI MNL 116 when tested according to ASTM C 1218/C 1218M. D. Normal-Weight Concrete Mixtures: Proportion by either laboratory trial batch or field test data methods according to ACI 211.1, with materials to be used on Project, to provide normal-weight concrete with the following properties: 1. Compressive Strength (28 Days): 5000 psi minimum. 2. Maximum Water-Cementitious Materials Ratio: 0.45. E. Water Absorption: 6 percent by weight or 14 percent by volume, tested according to PCI MNL 116. F. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content complying with PCI MNL 116. G. When included in design mixtures, add other admixtures to concrete mixtures according to manufacturer's written instructions. H. Concrete Mix Adjustments: Concrete mix design adjustments may be proposed if characteristics of materials, Project conditions, weather, test results, or other circumstances warrant. 2.9 FABRICATION A. Cast-in Anchors, Inserts, Plates, Angles, and Other Anchorage Hardware: Fabricate anchorage hardware with sufficient anchorage and embedment to comply with design requirements. Accurately position for attachment of loose hardware, and secure in place during precasting operations. Locate anchorage hardware where it does not affect position of main reinforcement or concrete placement. 1. Weld-headed studs and deformed bar anchors used for anchorage according to AWS D1.1/D1.1M and AWS C5.4, "Recommended Practices for Stud Welding." B. Furnish loose hardware items including steel plates, clip angles, seat angles, anchors, dowels, cramps, hangers, and other hardware shapes for securing precast structural concrete units to supporting and adjacent construction. C. Cast-in reglets, slots, holes, and other accessories in precast structural concrete units as indicated on the Contract Drawings. D. Cast-in openings larger than 10 inches in any dimension. Do not drill or cut openings or prestressing strand without ENGINEER’S approval. E. Reinforcement: Comply with recommendations in PCI MNL 116 for fabricating, placing, and supporting reinforcement. F. Reinforce precast structural concrete units to resist handling, transportation, and erection stresses. G. Prestress tendons for precast structural concrete units by either pretensioning or post- tensioning methods. Comply with PCI MNL 116. H. Comply with requirements in PCI MNL 116 and in this Section for measuring, mixing, transporting, and placing concrete. After concrete batching, no additional water may be added. Item 18 1850-001-01 OCTOBER 2016 03410 Page 5 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL I. Place concrete in a continuous operation to prevent seams or planes of weakness from forming in precast concrete units. J. Thoroughly consolidate placed concrete by internal and external vibration without dislocating or damaging reinforcement and built-in items, and minimize pour lines, honeycombing, or entrapped air on surfaces. Use equipment and procedures complying with PCI MNL 116. K. Comply with ACI 306.1 procedures for cold-weather concrete placement. L. Comply with PCI MNL 116 procedures for hot-weather concrete placement. M. Identify pickup points of precast structural concrete units and orientation in structure with permanent markings, complying with markings indicated on Shop Drawings. Imprint or permanently mark casting date on each precast structural concrete unit on a surface that will not show in finished structure. N. Cure concrete, according to requirements in PCI MNL 116, by moisture retention without heat or by accelerated heat curing using low-pressure live steam or radiant heat and moisture. Cure units until compressive strength is high enough to ensure that stripping does not have an effect on performance or appearance of final product. O. Discard and replace precast structural concrete units that do not comply with requirements, including structural, manufacturing tolerance, and appearance, unless repairs meet requirements in PCI MNL 116 and meet Architect's approval. 2.10 FABRICATION TOLERANCES A. Fabricate precast structural concrete units straight and true to size and shape with exposed edges and corners precise and true so each finished unit complies with PCI MNL 116 product dimension tolerances. 2.11 COMMERCIAL FINISHES A. Commercial Grade: Remove fins and large protrusions and fill large holes. Rub or grind ragged edges. Faces must have true, well-defined surfaces. Air holes, water marks, and color variations are permitted. Limit form joint offsets to 3/16 inch. 1. Used when product will not be visible in completed structure or when function of structure does not require an enhanced surface as indicated on Drawings on Schedule. B. Standard Grade: Normal plant-run finish produced in molds that impart a smooth finish to concrete. Surface holes smaller than 1/2 inch caused by air bubbles, normal color variations, form joint marks, and minor chips and spalls are permitted. Fill air holes greater than 1/4 inch in width that occur more than once per 2 sq. in. Major or unsightly imperfections, honeycombs, or structural defects are not permitted. Limit joint offsets to 1/8 inch. 1. Used where products are exposed to view but function of structure does not require a special finish as indicated on Drawings on Schedule. C. Grade B Finish: Fill air pockets and holes larger than 1/4 inch in diameter with sand-cement paste matching color of adjacent surfaces. Fill air holes greater than 1/8 inch in width that occur more than once per 2 sq. in.. Grind smooth form offsets or fins larger than 1/8 inch. Repair surface blemishes due to holes or dents in molds. Discoloration at form joints is permitted. 1. Used for visually exposed structural members such as columns or walls as indicated on Drawings on Schedule. D. Grade A Finish: Fill surface blemishes with the exception of air holes 1/16 inch in width or smaller, and form marks where the surface deviation is less than 1/16 inch. Float apply a neat cement-paste coating to exposed surfaces. Rub dried paste coat with burlap to remove loose particles. Discoloration at form joints is permitted. Grind smooth all form joints. 1. Used where surface will be painted or coated with a textured or sanded coating; some surface blemishes will be visible as indicated on Drawings on Schedule. E. Screed or float finish unformed surfaces. Strike off and consolidate concrete with vibrating screeds to a uniform finish. Hand screed at projections. Normal color variations, minor Item 18 1850-001-01 OCTOBER 2016 03410 Page 6 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL indentations, minor chips, and spalls are permitted. Major imperfections, honeycombing, or defects are not permitted. F. When composite topping is specified, apply roughened surface finish according to ACI 318 to precast concrete units that will receive concrete topping after installation. 2.12 SOURCE QUALITY CONTROL A. Testing: Test and inspect precast structural concrete according to PCI MNL 116 requirements. B. Defective Units: Discard and replace precast structural concrete units that do not comply with requirements, including strength, manufacturing tolerances, and color and texture range. Chipped, spalled, or cracked units may be repaired, subject to Architect's approval. ENGINEER reserves the right to reject precast units that do not match approved samples, sample panels, and mockups. 2.13 PRECAST CONCRETE VAULTS A. Precast concrete vault shall meet the project specifications in its entirety and be manufactured and supplied by the following acceptable manufacturers: 1. Old Castle Precast, Inc 2. Forterra Precast 3. Or Approved Equal PART 3 - EXECUTION 3.1 INSTALLATION A. Install clips, hangers, bearing pads, and other accessories required for connecting precast structural concrete units to supporting members and backup materials. B. Erect precast structural concrete level, plumb, and square within specified allowable tolerances. Provide temporary structural framing, supports, and bracing as required to maintain position, stability, and alignment of units until permanent connection. 1. Maintain horizontal and vertical joint alignment and uniform joint width as erection progresses. 2. Remove projecting lifting devices and grout fill voids within recessed lifting devices flush with surface of adjacent precast surfaces when recess is exposed. 3. For hollow-core slab voids used as electrical raceways or mechanical ducts, align voids between units and tape butt joint at end of slabs. C. Connect precast structural concrete units in position by bolting, welding, grouting, or as otherwise indicated on Shop Drawings. Remove temporary shims, wedges, and spacers as soon as practical after connecting and grouting are completed. D. Field cutting of precast units is not permitted without approval of the ENGINEER. E. Fasteners: Do not use drilled or powder-actuated fasteners for attaching accessory items to precast, prestressed concrete units. F. Welding: Comply with applicable AWS D1.1/D1.1M and AWS D1.4 for welding, welding electrodes, appearance, quality of welds, and methods used in correcting welding work. G. At bolted connections, use lock washers, tack welding, or other approved means to prevent loosening of nuts after final adjustment. H. Grouting: Grout connections and joints and open spaces at keyways, connections, and joints where required or indicated on Shop Drawings. Retain grout in place until hard enough to support itself. Pack spaces with stiff grout material, tamping until voids are completely filled. 3.2 ERECTION TOLERANCES A. Erect precast structural concrete units level, plumb, square, true, and in alignment without exceeding the noncumulative erection tolerances of PCI MNL 135. Item 18 1850-001-01 OCTOBER 2016 03410 Page 7 of 7 CONCRETE, PLANT-PRECAST STRUCTURAL B. Minimize variations between adjacent slab members by jacking, loading, or other method recommended by fabricator and approved by Architect. 3.3 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform tests and inspections. B. Field welds will be visually inspected and nondestructive tested according to ASTM E 165 or ASTM E 709. High-strength bolted connections will be subject to inspections. C. Testing agency will report test results promptly and in writing to Contractor and Architect. D. Repair or remove and replace work where tests and inspections indicate that it does not comply with specified requirements. E. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. F. Prepare test and inspection reports. 3.4 REPAIRS A. Repair precast structural concrete units if permitted by ENGINEER. 1. Repairs may be permitted if structural adequacy, serviceability, durability, and appearance of units have not been impaired. B. Mix patching materials and repair units so cured patches blend with color, texture, and uniformity of adjacent exposed surfaces and show no apparent line of demarcation between original and repaired work, when viewed in typical daylight illumination from a distance of 20 feet. C. Prepare and repair damaged galvanized coatings with galvanizing repair paint according to ASTM A 780. D. Wire brush, clean, and paint damaged prime-painted components with same type of shop primer. E. Remove and replace damaged precast structural concrete units that cannot be repaired or when repairs do not comply with requirements as determined by Architect. 3.5 CLEANING A. Clean mortar, plaster, fireproofing, weld slag, and other deleterious material from concrete surfaces and adjacent materials immediately. B. Clean exposed surfaces of precast concrete units after erection and completion of joint treatment to remove weld marks, other markings, dirt, and stains. 1. Perform cleaning procedures, if necessary, according to precast concrete fabricator's written recommendations. Clean soiled precast concrete surfaces with detergent and water, using stiff fiber brushes and sponges, and rinse with clean water. Protect other work from staining or damage due to cleaning operations. 2. Do not use cleaning materials or processes that could change the appearance of exposed concrete finishes or damage adjacent materials. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 05501 Page 1 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS SECTION 05501 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Provide anchor bolts, expansion anchors and concrete inserts for equipment and metal fabrications as specified or shown on the Drawings, including, but not limited to: a. Baffles, weirs and troughs. b. Sprockets and conveyors. c. Rails. d. Sluice and slide gates. e. Hangers and brackets. f. Equipment. g. Piping. h. Tanks. i. Grating and floor plate. j. Electrical, Plumbing and HVAC Work. k. Wood and plastic fabrications. l. Partitions and ceilings. B. Related Sections: 1. Division 5 Section 05120 “Structural Steel” for fasteners for structural steel framing, with the requirements for anchor bolts and fasteners for structural steel, steel joists, steel decking, and metal fabrications are described in applicable sections of Division 5 Metals. 2. Division 15 Section 15015 “Piping Systems-Basic Materials and Methods” for pipe joining materials. 3. Division 15 Section 15060 “Hangers and Supports for Piping Systems” for requirements for hangers and supports for equipment and piping systems as an engineered system by the Contractor. 4. Division 16 Section 16073 “Hangers and Supports for Electrical Systems” for requirements for hangers and supports for electrical conduits, cable trays, components and related work. 1.3 REFERENCES AND DEFINITIONS A. References: 1. American Concrete Institute (ACI): a. ACI 318, Appendix D - Building Code Requirements for Structural Concrete and Commentary; Anchoring to Concrete. b. ACI 355.2 - Qualification of Post-Installed Mechanical Anchors in Concrete & Commentary 2. ASTM International (ASTM): a. A 36 – Specification for Carbon Structural Steel b. A 193 – Specification for Alloy-Steel and Stainless Steel Bolting Materials for High Temperature or High Pressure Service and Other Special Purpose Applications c. A 194 – Specification for Carbon and Alloy Steel for Bolts for High Pressure or High Temperature, or Both d. A 283 – Specification for Low and Intermediate Tensile Strength Carbon Steel Plates e. A 307 – Specification for Carbon Steel Externally and Internally Threaded Standard Fasteners Item 18 1850-001-01 OCTOBER 2016 05501 Page 2 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS f. A 320 – Specification for Alloy-Steel and Stainless Steel Bolting Materials for Low-Temperature Service g. C 881 – Specification for Epoxy-Resin-Base Bonding Systems for concrete h. E 488 – Test Method for Strength of Anchors in Concrete and Masonry Units i. E 1512 – Test Method for Testing bond Performance of Bonded Anchors j. F 436 – Specification for Hardened Steel Washers k. F 593 – Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs l. F 594 – Specification for Stainless Steel Nuts m. F 844 - Specification for Washers, Steel, Plain (Flat), Unhardened for General Use n. F 1554 – Specification for Anchor Bolts, Steel, 36, 55, and 105-ksi Yield Strength 3. International Building Code, 2006 or later edition. 4. ICC Evaluation Service, Inc. (ICC ES): a. AC193 – Acceptance Criteria for Mechanical Anchors in Concrete Elements b. ESR - Evaluation Service Report 5. FM Global (Formerly: FM - Factory Mutual System) 6. NSF International (NSF) B. Definitions: 1. Exterior Area: Location not protected from the weather by a building or other enclosed structure. 2. Interior Dry Area: Location inside building or structure where floor is not subject to liquid spills or washdown, no where wall or roof slab is common to a water-holding or earth-retaining structure. 3. Interior Wet Area: Location inside building or structure where floor is sloped to floor drains or gutters and is subject to liquid spills or washdown, or where wall, floor, or roof slab is common to a water-holding or earth-retaining structure. 4. Submerged: Location at or below top of wall or embankment of open water-holding structure, such as a basin or channel, or wall, ceiling, or floor surface inside a covered water-holding structure, or exterior below grade wall or roof surface of water-holding structure, open or covered. 1.4 SYSTEM DESCRIPTION A. Design Requirements: 1. Designed in accordance with ACI 318 (Strength Design method using Appendix D) for use in cracked and uncracked concrete. 2. Testing Requirements: Tested in accordance with ACI 355.2 and ICC ES AC193 for use in cracked and uncracked concrete including seismic and wind loading (Category 1 anchors). 3. When the size, length or load carrying capacity of an anchor bolt, expansion anchor, or concrete insert is not shown on the Drawings, provide the size, length and capacity required to carry the design load in accordance with ACI 318, Appendix D for cracked and uncracked concrete. 4. Determine design loads as follows: a. For equipment anchors, use the design load recommended by the manufacturer and approved by the ENGINEER. b. For pipe hangers and supports, use one half the total weight of pipe, fittings, valves, accessories and water contained in pipe, between the hanger or support in question and adjacent hangers and supports on both sides. 1.5 SUBMITTALS A. Product Data: 1. For each type of product indicated. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for products. 2. Provide the ICC ES Evaluation Service Report (ESR Number) for each fastener. B. Shop Drawings: Submit the following; 1. Setting drawings and templates for location and installation of anchorage devices. Item 18 1850-001-01 OCTOBER 2016 05501 Page 3 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS 2. Copies of manufacturer's specifications, materials, load tables, dimension diagrams and installation instructions for anchorage devices. C. Samples: Submit representative samples of bolts, anchors and inserts as may be requested for review by the ENGINEER. Review will be for type and finish only. Compliance with all other requirements is the exclusive responsibility of CONTRACTOR. 1.6 QUALITY ASSURANCE A. Manufacturer: 1. Manufacturer shall have been engaged in the manufacturer of anchor bolts, expansion anchors, concrete inserts, and related items for a minimum of ten (10) years. 2. ISO 9001 Certified. B. Installer Qualifications: Adhesive anchor installers shall be trained and certified by manufacturer. C. Testing Agency Qualifications: Qualified for testing anchors in accordance with ASTM E 488 and E 1512 and has performed ICC ES method of evaluation. PART 2 - PRODUCTS 2.1 GENERAL A. Unless otherwise indicated, comply with the following requirements: Table 1 Material Requirements Item ASTM Reference Stainless Steel: Bolts, Threaded Rods, and Anchor Studs F 593, AISI Type 316, Condition CW Nuts F 594, AISI Type 316, Condition CW Steel Bolts and Nuts: Carbon Steel A 307 bolts, with A 563 nuts High-Strength A 325, Type 1 bolts, with A 563 nuts Anchors Bolts and Rods F 1554, Grade 55, with weldability supplement S1 Eyebolts A 489 Threaded Rods A 36 Flat Washers (Unhardened) F 844 Flat and Beveled Washers (Hardened) F 436 Thrust Ties for Steel Pipe: Threaded Rods A 193, Grade B7 Nuts A 194, Grade 2H Plate A 283, Grade D B. Bolt, Washers, and Nuts: Use stainless steel, and carbon steel types as indicated in Fastener Schedule at end of this Section. 2.2 ANCHOR BOLTS AND ANCHOR BOLT SLEEVES A. Cast-In-Place Anchor Bolts: 1. Headed type, unless otherwise shown on Drawings. 2. Material type and protective coating as listed in Fastener Schedule. B. Anchor Bolt Sleeves: 1. Plastic: Item 18 1850-001-01 OCTOBER 2016 05501 Page 4 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS a. Single unit construction with corrugated sleeve. b. Top of sleeve shall be self-threading to provide adjustment of threaded anchor bolt projection. c. Material: High density polyethylene. 2. Fabricated Steel: ASTM A 36. 2.3 CONCRETE AND MASONRY DRILLED ANCHORS A. Mechanical Expansion Anchors: 1. Design Requirements: Anchor bolt and sleeve assembly shall have capability to sustain without failure, as determined by the Strength Design method when installed in cracked and uncracked concrete, in accordance with the International Building Code and as determined by testing in accordance with ASTM E 488 and AC-355.2. 2. Material: AISI Type 304 and Type 316 stainless steel, and carbon steel as listed in Fastener Schedule. 3. Current evaluation and acceptance reports by ICC or other similar code organization, and listed by UL and FM Global. 4. Acceptable for use in potable water structures by NSF and local health organizations. 5. Type: a. ICC-ES Code Listed, Category 1, Cracked and Uncracked Concrete. b. Self-drilling Anchors; snap-off or flush type, zinc-plated. c. Non-drilling Anchors; flush type for use with zinc-plated or stainless steel bolt, or stud type with projecting threaded stud. 6. Size: As shown on Drawings and required for the concrete strength specified. 7. Manufacturers. Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. ITW Ramset/Red Head, Wood Dale, IL. b. Hilti, Inc., Tulsa, OK c. Powers Fasteners, New Rochelle, NY d. Simpson Strong-Tie Co., Inc., Pleasanton, CA B. Wedge Bolts: 1. Material: Zinc plated, case hardened carbon steel. 2. Current evaluation and acceptance reports by ICC or other similar code organization, and listed by UL and FM Global. 3. Type: a. ICC-ES Code Listed, Category 1, Cracked and Uncracked Concrete. b. Description: One piece, heavy duty screw anchor with finished hex head suitable for cracked and uncracked concrete and grouted masonry. 4. Size: As shown on Drawings and required for the concrete strength specified. 5. Manufacturers. Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. ITW Ramset/Red Head, Wood Dale, IL. b. Hilti, Inc., Tulsa, OK c. Powers Fasteners, New Rochelle, NY d. Simpson Strong-Tie Co., Inc., Pleasanton, CA C. Snake Anchors: 1. Material: Zinc plated, case hardened carbon steel. 2. Current evaluation and acceptance reports by ICC or other similar code organization, and listed by UL and FM Global. 3. Type: a. ICC-ES Code Listed, Category 1, Cracked and Uncracked Concrete. b. Description: Internally threaded, self-tapping screw anchor designed for performance in cracked and uncracked concrete and grouted masonry. Suitable base materials included normal-weight concrete, structural lightweight concrete, and concrete over metal deck. 4. Size: As shown on Drawings and required for the concrete strength specified. 5. Manufacturers. Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. ITW Ramset/Red Head, Wood Dale, IL. Item 18 1850-001-01 OCTOBER 2016 05501 Page 5 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS b. Hilti, Inc., Tulsa, OK c. Powers Fasteners, New Rochelle, NY 6. Simpson Strong-Tie Co., Inc., Pleasanton, CA D. Adhesive Anchors: 1. General: Adhesive anchoring system designed for bonding threaded anchor rod and reinforcing bar hardware into drilled holes in concrete and solid masonry base materials. 2. Threaded rod: a. Material: Unless otherwise specified: 1) ASTM A36 for interior application, unless otherwise specified. 2) ASTM F 593 Stainless steel threaded rod for exterior, interior wet, and submerge applications. 3) ASTM A 193, Grade B7, Type 2 for high strength applications. b. Diameter as shown on the Drawings or as required for the loads and conditions. c. Length as required to provide minimum depth of embedment. d. Clean and free of grease, oil, or other deleterious material. e. For hollow-unit masonry, provide galvanized or stainless steel wire cloth screen tube to fit threaded rod. f. Anchor rods shall have rolled threads. 3. Adhesive: a. Two-component, high strength adhesive anchoring system designed to be used in adverse/thaw environments, with gray color mixing. 1) ICC-ES Code Listed. 2) Cure Temperature, Pot Life, and Workability: Compatible for the intended use and environmental conditions. 3) Nonsag, with selected viscosity base on installation temperature and overhead application where applicable. 4) ASTM Compliance: a) Uncracked Concrete: Meets ASTM C881, Types I, II, IV, and V, Grade 3, Class A and B. b) Uncracked and Cracked Concrete: Meets ASTM C881, Types I, II, IV, and V, Grade 3, Class B and C. 5) Compliant with NSF/ANSI Standard 61 for potable water applications. 6) Manufacturers: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a) ITW Ramset/Red Head, Wood Dale, IL. b) Hilti, Inc., Tulsa, OK c) Powers Fastenersl, New Rochelle, NY d) Simpson Strong-Tie Co., Inc., Pleasanton, CA E. Concrete Inserts: 1. For piping, grating and floor plate provide malleable iron inserts. 2. Provide those recommended by the manufacturer for the required loading. 3. Finish shall be black. F. Powder actuated fasteners and other types of bolts and fasteners not specified herein shall not be used unless approved by ENGINEER. PART 3 - EXECUTION 3.1 CAST-IN-PLACE ANCHOR BOLTS A. Accurately locate and hold anchor bolts in place with templates at the time concrete is placed. B. Use anchor bolt sleeves for location adjustment and provide two nuts and one washer per bolt of same material as bolt. C. Minimum Bolt Size: 1/2-inch diameter by 12 inches long, unless otherwise shown. Item 18 1850-001-01 OCTOBER 2016 05501 Page 6 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS 3.2 CONCRETE AND MASONRY DRILLED ANCHORS A. Begin installation only after concrete or masonry to receive anchors has obtained design strength. B. Install in accordance with manufacturer’s instructions. C. Provide minimum embedment, edge distance, and spacing as follows, unless indicated otherwise by manufacturer’s instructions or shown otherwise on Drawings. Table 2 Minimum Requirements Concrete and Masonry Drilled anchors Anchor Type Min. Embedment (bolt diameters) Min. Edge Distance (bolt diameters) Min. Spacing (bolt diameters) Wedge 9 6 12 Expansion and Sleeve 4 6 12 Adhesive 9 9 13.5 D. Use only drill type, bit type, and diameter recommended by anchor manufacturer. Clean hole of debris and dust with brush and oil-free compressed air. E. Contractor shall accurately locate steel reinforcement by the use of a pachometer or other approved means, prior to drilling the hole. If reinforcing is encountered in drilling holes for mechanical anchors, the hole should be abandoned and a new hole should be drilled. F. Mechanical anchors shall be set by applying the manufacturer’s recommended torque. G. Adhesive Anchors: 1. Do not install adhesive anchors when temperature is below 40 degree F or above 100 degree F. 2. Remove any standing water from hole with oil-free compressed air. Inside surface of hole shall be dry. 3. For hollow-unit masonry, install screen tube in accordance with manufacturer’s instructions. 4. Do not disturb anchor during recommended curing time. 5. Do not exceed maximum torque as specified in manufacturer’s instructions. 3.3 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified testing agency to perform tests and inspections on concrete and masonry anchors when indicated on the Drawings. 3.4 MANUFACTURER’S SERVICES A. Adhesive Anchors: Conduct site training of installation personnel for proper installation, handling, and storage of adhesive anchor system. 3.5 FASTENER SCHEDULE A. Unless otherwise indicated on the Drawings, provide anchor bolts and anchors as shown in Table 3. B. Anti-seizing Lubricant: Use on all stainless steel threads. C. Do not use adhesive anchors to support fire-resistive construction or where ambient temperature will exceed 120 degree F. Item 18 1850-001-01 OCTOBER 2016 05501 Page 7 of 7 ANCHOR BOLTS, EXPANSION ANCHORS AND CONCRETE INSERTS Table 3 Requirements, Anchor Bolts and Anchors Service Use and Location Product Remarks 1. Anchor Bolts Cast into Concrete for Equipment Bases Interior Dry Areas Stainless steel headed anchor bolts, unless otherwise specified with equipment. Submerged, Exterior, Interior Wet, and Corrosive Areas Stainless steel headed anchor bolts with fusion bonded coating, unless otherwise specified with equipment See Section 09910, Painting and Protective Coatings 2. Drilled Anchors for Equipment and Components to Cast-in-Place Concrete Interior Dry Areas Adhesive zinc-plated carbon steel anchors Submerged, Exterior, Interior Wet, and Corrosive Areas Adhesive stainless steel anchors 3. Anchors in Grout-Filled Concrete Masonry Units Exterior and Interior Wet and Dry Areas Zinc-coated carbon steel or stainless steel adhesive anchors. 4. Anchors in Hollow Concrete Masonry Units Exterior and Interior Wet and Dry Areas Zinc-plated carbon steel or stainless steel wedge anchors or stainless steel adhesive anchors with screen tube. 5. Connections for Structural Steel Framing and Support Components Exterior and Interior Wet and Dry Areas High-strength steel bolted connections Use hot-dipped galvanized high-strength bolted connections for galvanized steel framing members. 6. Connections of Aluminum Components Submerged, Exterior and Interior Wet and Dry Areas Stainless steel bolted connections, unless otherwise specified with equipment. 7. Overhead Pipe and Duct Supports Exterior and Interior Wet and Dry Areas Snake anchors or adhesive anchoring systems. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 09910 - Page 1 of 33 PAINTING AND PROTECTIVE COATINGS SECTION 09910 PAINTING AND PROTECTIVE COATINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the surface preparation and application of HIGH-PERFORMANCE COATING SYSTEMS for exterior and interior surfaces applied to the following substrates: 1. Exterior substrates: a. Concrete, vertical and horizontal surfaces. b. Clay masonry. c. Concrete masonry units (CMU). d. Steel. e. Galvanized metal. f. Aluminum (not anodized or otherwise coated). g. Wood. h. Plastic trim fabrications. i. PVC and fiberglass materials. 2. Interior Surfaces: a. Concrete, vertical and horizontal surfaces. b. Clay masonry. c. Concrete masonry units (CMU). d. Steel. e. Galvanized metal. f. Aluminum (not anodized or otherwise coated). g. Wood. h. Plastic trim fabrications. i. PVC and fiberglass materials. j. Gypsum board. k. Plaster. l. Cotton or canvas insulation covering. B. Related Sections: 1. Specify Sections in subparagraphs below that contain requirements Contractor might expect to find in this Section but are specified in other Sections. Do not list Sections that are referenced elsewhere in the Section. 2. Division 10 Section 10952 “Identification, Stenciling, and Tagging” which provides for the identification painting for piping, duct works, conduit and related items. Refer to Piping and Sign Color Code included in this Section for colors for lettering, piping, and background. 3. Division 11, 13, 14, 15, and 16 Sections for manufacturer’s factory-applied coatings for equipment. 1.3 REFERENCES AND DEFINITIONS A. References: Following is a list of standards, which might be referenced in this Section. 1. ASTM International (ASTM): a. D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related Products. b. D2016 - Test Method for Moisture Content of Wood. c. D4263 – Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method d. F1869 – Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride 2. The Society for Protective Coatings (SSPC): Item 18 1850-001-01 OCTOBER 2016 09910 - Page 2 of 33 PAINTING AND PROTECTIVE COATINGS a. SSPC Painting Manual, “Good Painting Practice” b. SSPC Painting Manual, “Systems and Specifications” c. SSPC-SP1 Solvent Cleaning d. SSPC-SP3 Power Tool Cleaning e. SSPC-SP5/NACE No. 1 White Metal Blasting f. SSPC-SP6/NACE No. 3 Commercial Blast Cleaning g. SSPC-SP7/NACE No. 4 Brush-Off Blast Cleaning h. SSPC-SP10/NACE No. 2 Near-White Blast Cleaning i. SSPC-SP12/NACE No. 5 Surface Preparation and Cleaning of Metals by Waterjetting Prior to Recoating j. SSPC-SP13/NACE No. 6 Surface Preparation of Concrete k. SSPC-SP14/NACE No. 8 Industrial Blast Cleaning l. SSPC-VIS 1 Visual Standard for Abrasive Blast Cleaned Steel 3. Master Painters Institute (MPI): MPI Architectural Painting Specification Manual 4. NACE International (National Association of Corrosion Engineers International) a. RP0287 “Field Measurements of Surface Profile of Abrasive Blast Cleaned Steel Surfaces Using Replica Tape” b. SP0188 “Discontinuity (Holiday) Testing of Protective Coatings” c. TM-01-70 “Visual Comparator for Surfaces of New Steel Airblast Cleaned with Sand Abrasive” d. TM-01-70 “Visual Comparator for Surfaces of New Steel Airblast Cleaned with Slag Abrasive” e. RP0178 “Fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service” f. RPO 892 “Linings Over Concrete for Immersion Service” g. RPO 591 “ Coatings for Concrete Surfaces in Non-Immersion” h. 6G186 “Surface Preparation of Contaminated Steel Surfaces” i. 6G191, “Surface Preparation of Contaminated Concrete.” j. RPO 178 “Weld preparation Visual Comparator.” 5. National Association of Pipe Fabricators, Inc. (NAPF): NAPF 500-03 “Surface Preparation for Ductile Iron Pipe and Fittings in Exposed Locations Receiving Special External coatings and/or Special Interior Linings.” 6. National Science Foundations (NSF): NSF 61 Drinking Water System Components- Health Effects B. Definitions: 1. Barrier Coat: Recommended coating material applied to factory-applied or other coatings, which consist of unidentified materials or non-compliance materials, prior to the application of the specified coating system. 2. CSDS: Coating System Data Sheet. 3. Coverage: Total minimum dry film thickness in mils or square feet per gallon. 4. Exposed Surfaces: Used to define painting locations and requirements it shall include all visible interior or exterior surfaces, top of walls, ceilings, and inside surfaces to 1'- 0" below grade or the weir level or to floor level, whichever applies. 5. MDFT: Minimum Dry Film Thickness, mils. 6. MDFTPC: Minimum Dry Film Thickness per Coat, mils. 7. Mils: Thousandth of an Inch. 8. PDS: Product Data Sheet. 9. SFPG: Square Feet Per Gallon. 10. SFPGPC: Square Feet Per Gallon Per Coat. 1.4 SUBMITTALS A. Action Submittals: 1. Product Data: a. For each product. Furnish a Product Data Sheet (PDS), the manufacturer’s technical data sheets, and paint colors available, where available. The PDS form is appended to the end of this Section. b. For each coating system, furnish a Coating System Data Sheet (CSDS). The CSDS form is appended to the end of this Section. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 3 of 33 PAINTING AND PROTECTIVE COATINGS c. Technical and performance information that demonstrates compliance with this specification. d. Indiscriminate submittal of only manufacturer’s literature is not acceptable. e. Detail chemical and gradation analysis for each abrasive material. 2. Samples: a. Proposed Abrasive Materials: Minimum 5-pound sample for each type. b. Reference Panel: 1) Surface Preparation: a) Prior to start of surface preparation, furnish a 4-inch by 4-inch steel panel for grade of sandblast specified herein, prepared to specified requirements. b) Provide panel representation of the steel used; prevent deterioration of surface quality. c) Panel to be reference source for inspection upon approval by ENGINEER. 2) Paint Samples for Verification: For each type of paint system and in each color and gloss of topcoat indicated. a) Submit Samples on rigid backing, 8 inches square. b) Step coats on Samples to show each coat required for system. c) Label each coat of each Sample. d) Label each Sample for location and application area. 3) Product List: For each product indicated, include the following: a) Show where each coating is to be used on the Project, with cross reference to this Section paragraphs and Painting Schedule. b) Product date and information submitted shall demonstrate compliance with this Section. c) Provide the surface preparation required or recommended by coating manufacturer for each type of coating application if different from that specified in this Section. B. Information Submittals: 1. Manufacturer’s verification that submitted coating materials is suitable for the intended use. 2. Manufacturer’s Certification of Compliance. 3. Special shipping, storage and protection, and handling instructions. 4. Manufacturer’s Certificate of Proper Installation. 5. Qualification Data: For manufacturer and manufacturer’s representative, if applicable. 6. Material Safety Data Sheets (MSDS) for review and posting at Site. 7. Volatile Organic Compounds (VOC’s) certification that VOC’s emitted by paints and coatings are in compliance with regulatory requirements. Provide certification that paints and coatings comply with National Architectural and Industrial Maintenance (AIM) rule. 8. Manufacturer’s Instructions: a. Provide manufacturer’s instructions for the application of the coating system for the purpose intended by these specifications. The instructions shall provide the limitations, precautions, and requirements that may adversely affect the coating system; that may cause unsatisfactorily results after the application; or that may prevent the coating system not to serve the purpose for which it was intended, which is to provided coverage and protection from corrosion, shall be clearly stated. b. The instructions shall include, but not limited to: 1) Surface preparation. 2) Methods of Application. 3) Number of coats. 4) Thickness of each coat. 5) Total Thickness. 6) Drying time of each coat, including primer. 7) Drying time of final coat before placement in service. 8) Time allowed between coats. 9) Primers required to be used. 10) Primers not permitted. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 4 of 33 PAINTING AND PROTECTIVE COATINGS 11) Use of a primer. 12) Compatible topcoats. 13) Thinner and use of thinner. 14) Weather limitations during and after application (temperature, humidity, wind velocity). 15) Protection from sun. 16) Physical properties of paint, including percent solids content by volume, ingredient analysis, and weight per unit surface per dry mil thickness. 17) Cathodic bonding limitations, if any. 18) Equipment settings (air cap, fluid tip, equipment pressure settings, etc.) C. Field Quality-Control Reports: Provide temperature and humidity readings, testing for coating dry mil thickness and bonding, surface preparation, and related requirements. D. Pre-Installation Conference: Provide minutes of the pre-installation conference. 1.5 QUALITY ASSURANCE A. Coating Manufacturer Qualifications: 1. Nationally recognized manufacturers of paints and protective coatings who are regularly engaged in the production of such materials for essentially identical service conditions. 2. Minimum of 5 years verifiable experience in manufacture of specified product. 3. Certified to ISO 9001 by an accredited certification agency. B. Applicator Qualifications: Company specializing in industrial painting and finishing with five (5) years documented experience, approved by product manufacturer, and shall provide proof before commencement of work that a qualified crew of painters will maintain throughout the duration of the work. C. Manufacturer's Authorized Representative: Person who is trained and approved to provide the on-site supervision of the installation. D. Source Limitations: Coating systems of each type specified in this section shall be supplied by a single manufacturer. a. Retain paragraph below if Work of this Section is extensive or complex enough to justify a preinstallation conference. If not required, delete paragraph and the requirement for submittal of minutes. E. Preinstallation Conference: Conduct conference at Project site. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and protect products in accordance with manufacturer's instructions. Deliver products to site in the original, sealed, labeled, and unopened containers; inspect to verify acceptance. Damaged containers will not be accepted. B. Store paint materials in original containers in a secure (lockable), dry, heated and well ventilated single designation area meeting the minimum requirements of the paint manufacturer and jurisdictional authorities and at minimum ambient temperatures continuously maintained at not less than 45ºF (7ºC) and not more than 90ºF (32ºC). C. Where toxic and/or volatile/explosive/flammable materials are being used, provide adequate fireproof storage lockers and take all necessary precautions and post adequate warnings (e.g. no smoking) as required. D. Take precautionary and safety measures to prevent fire hazards and spontaneous combustion. Remove oily rags, waste, or other fire hazards from facilities each night. Place cloths and cotton waste, which might constitute a fire hazard, in metal containers or destroy at the end of each work day. 1.7 PROJECT CONDITIONS A. Environmental Requirements: Do not perform painting work: 1. When the ambient air temperature and surface temperature are below 50º F or above 95º F. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 5 of 33 PAINTING AND PROTECTIVE COATINGS 2. Exterior Painting: Unless environmental conditions are within the coating manufacturer’s requirements or until adequate weather protection is provided. Where required, suitable weatherproof covering and suitable, sufficient heating facilities shall be in place to maintain minimum ambient air and surface temperatures for 24 hours before, during, and after application of finishes. 3. Interior Painting: Unless adequate continuous ventilation and suitable, sufficient heating facilities are in place to maintain minimum ambient air and surface temperatures for 24 hours before, during, and after application of finishes. Provide supplemental ventilating and suitable heating equipment if ventilation and heating from an existing system is inadequate to meet minimum requirements. 4. When the relative humidity is above 85% or whenever surface temperature is less than 5º F above dewpoint of ambient air. This includes abrasive blast cleaning of the surfaces. 5. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: a. Concrete and Masonry (clay and concrete brick/block): 12%. b. Wood: 15%. c. Plaster and Gypsum Board: 12% 6. On concrete or masonry substrates until: a. Surfaces have been installed for at least 28-days. b. Surfaces have been tested for alkalinity as required. 7. Unless a minimum lighting level of 323 Lux (30 foot candles) is provided on surfaces to be painted. Adequate lighting shall be furnished by CONTRACTOR in accordance with SSPC Technology Guide No. 12 “Guide for Illumination of Industrial Painting Projects”. B. Primers Compatibility: 1. Primers, which are factory applied to equipment, shall be as specified for the coating system indicated in this Section for the service. 2. CONTRACTOR shall notify equipment manufacturers which primers will be required in order to be compatible with the field-applied finish coats. 3. Equipment purchase that has the manufacturer’s standard primer or a factory applied finish, which is other than as specified in this Section, shall be prepared for application of specified coating system in accordance with paragraph titled Shop Finishes. C. CONTRACTOR shall be fully responsible for personnel safety during painting operations. 1. Display caution signs in necessary areas advising of spray painting and warning against open flames. 2. Provide barriers or shelters on windy days to protect equipment and facilities. 3. Temporary ladders and scaffolds shall conform to applicable safety requirements. D. All coatings in contact with potable water and water being treated for use as potable water shall conform to ANSI/NSF Standard 61 and shall be certified by an organization accredited by ANSI. E. CONTRACTOR shall receive written confirmation of the specific surface preparation procedures and primers used for all fabricated steel items from the fabricator/supplier to ascertain appropriate and manufacturer compatible finish coat materials to be used before painting such work. 1.8 EXTRA MATERIALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish an additional 5 percent, but not less than 1 gallon of each material and color applied. 2. The material shall be delivered in unopened labeled containers as delivered from the manufacturer. If the manufacturer does not delivered in gallon containers, and in the case of special colors, the new gallon containers, properly closed with typed labels indicating brand, type, color, location used, etc. 3. Where multiple component materials are used, provide an unopened kit of the necessary materials in the manufacturer’s smallest standard packaging size. Provide Item 18 1850-001-01 OCTOBER 2016 09910 - Page 6 of 33 PAINTING AND PROTECTIVE COATINGS three (3) copies of the manufacturer’s instructions describing the materials and directions for their use. 4. Provide a typed inventory list of the extra materials furnished at time of delivery. 1.9 SPECIAL WARRANTY A. Warranty inspection of the coating systems shall be conducted during the eleventh month following completion and acceptance of all coating system work. The personnel or their representatives present at the pre-installation conference are requested to attend. All defective coating systems shall be repaired in accordance with this Section and to the satisfaction of the ENGINEER and OWNER. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturers: Provide coating products from one of the manufacturers listed below: 1. Carboline Protective Coatings and Linings 2. AzkoNobel (ICI Paints) 3. PPG Protective and Marine Coatings (PPG Amercoat) 4. Tnemec Company, Inc. 5. Sherwin-Williams Company 2.2 COATING MATERIALS A. General: 1. Coating manufacturer’s highest quality products suitable for intended service. 2. All materials shall be from a single manufacturer for the each coating system used. 3. Other materials such as linseed oil, shellac, thinners, solvents, etc. shall be the highest quality product of the coating manufacturer and shall be compatible with paint materials being used. B. Coatings: Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating. 1. CONTRACTOR shall have complete responsibility for ensuring that each coating applied is compatible with its substrate and/or its intended finish coat, and that the completed coating system is suitable for its intended service. C. Accessory Materials: Thinning of paint and all accessory type materials used shall be strictly in accordance with the manufacturer's recommendations covering material types, solvents, mix ratios, and methods. D. Volatile Organic Compounds (VOC’s) emitted by paints and coatings shall be in accordance with federal, state, and local regulations, as well as in accordance with National Architectural and Industrial Maintenance (AIM) rule. Provide certification that paints and coatings comply. 2.3 GLOSS/SHEEN RATINGS A. Paint gloss shall be defined as the sheen rating of applied paint in accordance with the values listed in Table 2. Gloss level ratings of all painted surfaces shall be as defined herein and as noted on the Painting Schedule. TABLE 2 GLOSS LEVEL Gloss Level Description Units @ 60 degrees Units @ 80 degrees GL-1 Matte or Flat finish 0 to 5 10 maximum GL-2 Velvet finish 0 to 10 10 to 35 GL-3 Eggshell finish 10 to 25 10 to 35 GL-4 Satin finish 20 to 35 35 minimum GL-5 Semi-Gloss finish 35 to 70 Item 18 1850-001-01 OCTOBER 2016 09910 - Page 7 of 33 PAINTING AND PROTECTIVE COATINGS GL-6 Gloss finish 70 to 85 GL-7 High-Gloss finish > 85 Source: MPI Architectural Painting Specification Manual 2.4 MIXING A. Multiple-Component Coatings: 1. Prepare using each component as packaged by coating manufacturer. Mix only components specified by coating manufacturer. 2. No partial batches will be permitted. 3. Do not use multiple-component coatings that have been mixed beyond their pot life. 4. Furnish small quantity kits for touchup painting and for painting other small areas. 5. Do not intermix additional components for reasons of color or otherwise, even within the same generic type of coating. 6. Colorants: Formulate coatings with colorants free of lead, lead components, or other materials that might be affected by presence of hydrogen sulfide or other gas likely to be present at Site. 2.5 SHOP FINISHES A. Shop Coating Requirements: 1. When required by equipment Specifications, such equipment shall have the applicable surface preparation, be primed, and the finished coating applied in shop by the manufacturer in accordance with this Section for the service and conditions. Touchup will be accomplished in the field with identical material after installation. 2. Where manufacturer’s standard coating is not suitable for intended service condition, ENGINEER may approve use of a barrier-coat to be used between manufacturer’s standard coating and specified field finish. a. Barrier-coat shall be surface tolerant epoxy as recommended by manufacturer of specified field finish coat. b. Coordinate details of equipment manufacturer’s standard coating with field coating manufacturer. 3. If approval not obtained, remove the factory-applied finish and apply the specified coating system. B. Pipe Coating Requirements: 1. Ductile Iron Pipe: Refer to Division 15 Section 15020 “Piping Systems, Ductile Iron” when ductile iron piping is used on Project. 2.6 COLOR SCHEDULE A. Color Selection: 1. Colors: As selected by ENGINEER/ARCHITECT from manufacturer's full range. 2. Colors selected may or may not be the manufacturer’s standard color. 3. Submit color charts to Engineer at least 60 days prior to coating application to allow time for color selection. 4. Different colors will be selected for concrete structures; building columns, framing, walls, window and door frames, and other areas; various items of equipment; piping and conduit; safety colors will be used for fire equipment locations, protective covers for rotating or moving equipment, walkways, and other related items; architectural treatment, both interior and exterior of buildings; and for all other items of Work. 5. Colors for equipment shall be selected by OWNER during submittal process. B. Colors selection for piping systems and identification of piping systems shall be in accordance with Division 10 Section 10952 “Identification, Stenciling, and Tagging”. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 8 of 33 PAINTING AND PROTECTIVE COATINGS PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of work. 1. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as listed in Part 1-Project Conditions. B. Concrete and Masonry Surfaces: Test for alkalinity prior to application of finishing system. 1. Dampen surface area to be tested with distilled water and apply pH indicator paper. 2. When a solvent base system is applied, pH shall be below 8.5. 3. If pH is above 8.5, apply an alkali resistant primer/sealer. C. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. D. Begin coating application only after unsatisfactory conditions have been corrected and surfaces are dry. Beginning coating application constitutes CONTRACTOR'S acceptance of substrates and conditions. 3.2 PROTECTION OF ITEMS NOT TO BE PAINTED A. Remove, mask, or otherwise protect plates, machined surfaces, hardware, lighting fixtures, couplings, shafts, bearing, stainless steel, aluminum, fiberglass, and similar surfaces already in place that are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and painting. 1. Mask openings in motors, vents, filters, etc. to prevent paint materials from entering. 2. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection if any. 3. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. 4. Provide drop cloths to prevent paint materials from falling on or marring adjacent surfaces. B. Protect working parts of mechanical and electrical equipment from damage during surface preparation and painting process. Protect surfaces adjacent to or downwind of Work from overspray. 3.3 SUBSTRATE SURFACE PREPARATION A. General Requirement: 1. Comply with manufacturer’s written instructions, recommendations contained in this Section, and SSPC PA 3, Guide to Safety in Paint Applications. 2. Clean substrates of substances that could impair bond of paints, including dirt, oil, grease, and incompatible paints. 3. Remove unknown primers or coatings systems and incompatible primers of shop painted work and prime substrate with compatible primers as required to produce paint systems indicated. 4. When removal is not feasible and with approval of ENGINEER, CONTRACTOR may apply a barrier coat in accordance with coating manufacturer’s instructions prior to application of the designated coating system. 5. When abrasive blasting, use a source of compressed air, which is free of detrimental water and oil and capable of delivering the required volume and pressure. 6. Subject to review by ENGINEER, any substrate in which SPPC-SP6 or SPPC-SP10 abrasive blasting cannot be accomplished shall be cleaned in accordance with SPPC- SP3 removing loose mill scale, rust, paint, and other foreign matter. B. Concrete Substrates (SP-1): 1. Allow new concrete to cure for a minimum of 28-days. 2. Remove soil, cement splatter, release agents, curing compounds, efflorescence, chalk, and other foreign and loose material by solvent, detergent, or other suitable Item 18 1850-001-01 OCTOBER 2016 09910 - Page 9 of 33 PAINTING AND PROTECTIVE COATINGS cleaning methods in accordance with SSPC-SP13/NACE No. 6 and coating manufacturer’s instructions. 3. Cracks, holes and/or air pockets shall be filled or sacked by the concrete finishing trades and allowed to cure completely. 4. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that stated herein. C. Clay and Concrete Masonry Substrates (SP-2): 1. Allow masonry construction to cure a minimum of 28-days. 2. Remove loose mortar, mortar splatter, oil, grease, efflorescence, rust stains, and any other foreign matter in an approved manner. 3. Cracks, holes, broken corners, joints, and other surface imperfections shall be repaired. All patches are to be flush and blend with texture and appearance of the adjoining surfaces. 4. Do not paint surfaces if moisture content of surfaces or alkalinity of mortar joints to be painted exceeds that stated herein. D. Structural Steel and Metal Fabrications (SP-3): 1. Remove rust and loose mill scale, if work has not been shop primed with coating system compatible primer, and other foreign materials. Clean using methods indicated below, and as recommended by coating manufacturer. a. Minimum Surface Preparation: SSPC-SP1, Solvent Cleaning, followed by SSPC-SP 6/NACE No. 3, Commercial Blast Cleaning. b. High Performance Coatings: SSPC-SP5/NACE No. 1, White Metal Blast Cleaning, orSSPC-SP10/NACE No.2, Near-White Metal Blast Cleaning, as recommended by coating manufacturer. 2. The SSPC specifications are summarized as follows: a. SP1, Solvent Cleaning: Removal of visible oil, grease, soil, drawing and cutting compounds, and other soluble contaminants by cleaning with solvent. b. SP2, Hand Tool Cleaning: Removal of loose rust, loose mill scale, loose paint, and other loose detrimental foreign matter, using non-power hand tools. c. SP3, Power Tool Cleaning: Removal of loose rust, loose mill scale, loose paint, and other loose detrimental foreign matter, using power-assisted hand tools. d. SP5/NACE No. 1, White Metal Blast Cleaning: Removal of visible oil, grease, dust, dirt, rust, mill scale, coatings, oxides, corrosion products, and other foreign matter by blast cleaning. e. SP6/NACE No. 3, Commercial Blast Cleaning: Removal of visible oil, grease, dust, dirt, rust, mill scale, coatings, oxides, corrosion products, and other foreign matter, except for random staining limited to no more than 33 percent of each unit area of surface which may consist of light shadows, slight streaks, or minor discolorations caused by stains of rust, stains of mill scale, or stains of previously applied coatings. f. SP7/NACE No. 4, Brush-Off Blast Cleaning: Removal of visible oil, grease, dust, dirt, loose rust, loose mill scale, and loose coatings. Tightly adherent mill scale, rust, and coating may remain on surface. g. SP10/NACE No. 2, Near-White Metal Blast Cleaning: Removal of visible oil, grease, dust, dirt, rust, mill scale, coatings, oxides, corrosion products, and other foreign matter, except for random staining limited to no more than 5 percent of each unit area of surface which may consist of light shadows, slight streaks, or minor discolorations caused by stains of rust, stains of mill scale, or stains of previously applied coatings. h. SP11, Power Tool Cleaning to Bare Metal: Removal of visible oil, grease, dust, dirt, rust, mill scale, coatings, oxides, corrosion products, and other foreign matter using power-assisted hand tools capable of producing suitable surface profile. Slight residues of rust and paint may be left in lower portion of pits if original surface is pitted. i. SP-12/NACE No. 5, High Pressure Water Jetting: Describes the use of waterjetting to achieve a defined degree of cleaning of surfaces prior to the application of a protective coating or lining system. j. SP-13/NACE No. 6, Surface Preparation of Concrete: Describes the requirements for surface preparation of concrete by mechanical, chemical, or Item 18 1850-001-01 OCTOBER 2016 09910 - Page 10 of 33 PAINTING AND PROTECTIVE COATINGS themal methods prior to the application of bonded protective coating or lining systems. 3. The words “solvent cleaning”, “hand tool cleaning”, “wire brushing”, and “blast cleaning”, or similar words of equal intent in these Specifications or in the coating manufacturer’s instructions, refer to the applicable SSPC Specification. 4. Where OSHA, EPA, or other regulations preclude standard abrasive blast cleaning, wet or vacu-blast methods may be required. Coating manufacturers’ recommendations for wet blast additives and first coat application shall apply. 5. Ductile Iron Pipe Supplied with Asphaltic Varnish Finish: For exposed or submerged locations, remove asphaltic varnish finish prior to performing specified surface preparation in accordance with NAPF 500.03/. 6. Hand tool clean surfaces areas that cannot be cleaned by power tool cleaning. 7. Round of chamfer sharp edges and grind smooth burrs, jagged edges, and surfaces defects. 8. Welds and Adjacent Areas: Prepare such that there is: a. No undercutting or reverse edges on weld bead. b. No weld spatter on or adjacent to weld or any area to be painted. c. No sharp peaks or ridges along weld bead. 9. Grind embedded pieces of electrode or wire brush with adjacent surface of weld bead. a. Preblast Cleaning Requirements: b. Remove oil, grease, welding fluxes, and other surface contaminants prior to blast cleaning. c. Cleaning Methods: Steam, open flame, hot water, or cold water with appropriate detergent additives followed by clean water rinsing. d. Clean small isolated as above or solvent clean with suitable solvent and clean cloth. 10. Blast Cleaning Requirements: a. Type of Equipment and Speed of Travel: Design to obtain specified degree of cleanliness. Minimum surface preparation is as specified herein. b. Select type and size of abrasive to produce surface profile that meets coating manufacturer’s recommendations for particular primer used. c. Use only dry blast cleaning methods. d. Do not reuse abrasive, except for designed recyclable systems. e. Meet applicable rules and regulations for air pollution and environmental control regulations for blast cleaning, confined space entry (if required), and disposition of spent aggregate and debris. 11. Post Cleaning Requirements: a. Clean surfaces of dust and residual particles from cleaning operations by dry (no oil or water vapor) air blast cleaning or other method prior to painting. Vacuum clean enclosed areas and other others where dust settling is a problem and wipe with a tack cloth. b. Paint surfaces the same day they are blasted. Reblast surfaces that have started to rust before they are painted. E. Galvanized-Metal (SP-4): 1. Removal oil, grease, cement splatter, and other foreign material by wiping or scrubbing with suitable solvent, rag, and brush. Use clean solvent and clean rag for final wiping to avoid contaminating surface. 2. In aggressive environments (e.g. over basins, areas frequently washdown, high humidity applications), prepare surface by brush off blasting or proper use of an appropriate etching solution in accordance with coating manufacturer’s recommendations. 3. Remove grease and oil residue in accordance with coating manufacturer’s recommendations. F. Aluminum Substrates (SP-5): Remove surface contamination such as dirt, oil, grease, oxidation, and other foreign matter in accordance with coating manufacturer’s recommendations. G. Plastic and FRP Substrates (SP-6): 1. Hand sand surfaces to be coated with medium grit sandpaper to provide tooth for coating system. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 11 of 33 PAINTING AND PROTECTIVE COATINGS 2. Large areas by be power sanded or brush-off blasted, provided sufficient controls are employed so surface is roughened without removing excess material. 3. Prepare surfaces in accordance with coating manufacturer’s recommendations. H. Wood Substrates (SP-7): 1. Scrape and clean knots, and apply coat of knot sealer before applying primer. 2. Sand surfaces that will be exposed to view, and dust off. 3. Round sharp edges by light sanding prior to priming. 4. Prime edges, ends, faces, undersides, and backsides of wood. 5. After priming, fill holes and imperfections in the finish surfaces with putty or plastic wood filler. Sand smooth when dried. 6. Prepare surfaces in accordance with coating manufacturer’s recommendations. I. Plaster and Gypsum Board Substrates (SP-8): Do not begin paint application until finishing compound is dry and sanded smooth. Prepare surfaces in accordance with coating manufacturer’s recommendations. J. Spray-Textured Ceiling Substrates (SP-9): Prepare surfaces in accordance with coating manufacturer’s recommendations. K. Cotton or Canvas Insulation Covering Substrates (SP-10): Remove dust, dirt, and other foreign material that might impair bond of paints to substrates in accordance with coating manufacturer’s recommendations. 3.4 APPLICATION A. General Requirements: 1. Inspection: Schedule with ENGINEER in advance for cleaned surfaces and all coats to succeeding coat. 2. Apply paint only to a dry, clean, properly cured and adequately prepared surfaces in areas where dust is no longer generated by construction activities such that airborne particles will not affect the quality of finished surfaces. 3. Apply products in accordance with manufacturer's instructions in regard to drying time between coats, technique of application, ventilation, paint thinning, and safety precautions. a. Use applicators and techniques suited for paint and substrate indicated. b. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Before final installation, paint surfaces behind permanently fixed equipment or furniture with prime coat only. c. Paint front and backsides of access panels, removable or hinged covers, and similar hinged items to match exposed surfaces. 4. Allow applied coat to dry for the time period specified by the coating manufacturer before next coat is applied. Do not apply finishes to surfaces that are not dry to touch. 5. Apply coatings to produce surface films without cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections. Produce sharp glass lines and color breaks. 6. Where multiple coats are specified; apply each coat in a different color, which compliments the following coat and is different than the proceeding coat. Each coat must be free of shadows and uniform in appearance. 7. Double-lap all welds. Apply prime coat by brush to all weld areas; then apply prime coat to entire surface, including weld areas. 8. Coat units or surfaces to be bolted together or joined closely to structures or to one another prior to assembly or installation. 9. Repair any damage or overspray to paint on existing structures caused by construction work. Match existing colors with touch-up paint. B. Substrates Subject to Immersion: 1. Coating shall be applied to internal vessel and pipe surfaces, nozzle bores, flange gasket seating surfaces, carbon steel internals, and stainless steel internals, unless otherwise specified. 2. Obtain full cure for completed system. Do not immerse coating until completion of curing cycle. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 12 of 33 PAINTING AND PROTECTIVE COATINGS a. Apply coating to surfaces, which will be under water constantly or periodically, to appoint one foot above maximum water level. Mask the line of demarcation between the coating systems to a straight level line. C. Wood Surfaces: 1. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface. 2. Prime back surfaces of interior and exterior woodwork with primer paint. 3. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits. D. Porous Surface, Such As Concrete and Masonry: 1. Filler/Surfacer: Use coating manufacturer’s recommended product to fill air holes, bug holes, and other surface voids or defects. 2. Prime Coat: May be thinned to provide maximum penetration and adhesion. Type and amount of thinning shall be determined by coating manufacturer and dependent of surface density and type of coating. 3. Surface specified to receive water base coating should be damp, but free of running, standing, or glistening water, just prior to application. E. Factory Applied Coatings: 1. Shop Priming: Primer applied shall be compatible with the field applied coating system. If prier type is not known or is not compatible with final coating system, remove and the correct primer applied. 2. Unknown or Non-Compatible Coating System: a. Remove system and apply specified coating system at Project site. b. When not feasible and with approval of ENGINEER, a barrier coat may be applied as recommended by the coating manufacturer and the specified coating system applied. c. MDFT shall be increased by an amount equal to the barrier coat plus the unknown or non-compatible coating. F. Paint all items throughout the project except for surfaces listed below, unless otherwise designated on the Drawings or in the specifications: 1. Concrete walkways, pavement, sidewalks, and stair treads. 2. Interior fiberglass items. Exterior fiberglass shall be painted. 3. Metal surfaces of anodized aluminum, brass, bronze, chrome, copper, or stainless steel. 4. Nameplates or serial numbers 5. Grease fittings. 6. Valve operator stems. 7. Glass. G. Film Thickness and Coverage: 1. Number of Coats: a. Minimum required without regard to coating thickness. b. Additional coats may be required to achieve minimum paint thickness. 2. Application Thickness: a. Do not exceed coating manufacturer’s recommendations. b. Measure using wet film thickness gauge to ensure proper coating thickness during application. 3. Film Thickness Measurements and Electrical Inspection of Coated Surfaces: a. Perform with properly calibrated instruments. b. Where inspection shows that the specified thickness is not developed, apply additional coats in accordance with manufacturer’s instructions and cure schedule requirements to produce the required dry film thickness. 4. Attention shall be paid to edges, angles, flanges, and other similar areas, where insufficient film thickness are likely to be present. Assure complete hiding of underlying coats have been achieved. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 13 of 33 PAINTING AND PROTECTIVE COATINGS 3.5 MECHANICAL AND ELECTRICAL EQUIPMENT A. Refer to Division 10 Section 10952, “Identification, Stenciling, and Tagging”, and Division 16 Section 16075, “Electrical Identification”, for requirements for color-coding and identification banding of ductwork, piping, conduit, and identification systems. B. Applications: 1. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately. 2. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports. For insulated pipe, provide shop and field primer coats on pipe and surface preparation and final coat on insulation jacket. 3. Replace identification markings on mechanical or electrical equipment when painted accidentally. 4. Paint interior surfaces of air ducts, and convector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint, to limit of sight line. Paint dampers exposed behind louvers, grilles, and convector and baseboard cabinets to match face panels. 5. Paint exposed conduit and electrical equipment occurring in finished areas. 6. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment. C. Color code equipment, piping, conduit, and exposed ductwork in accordance with requirements indicated. Color band and identify with flow arrows and names. D. Coating systems applied at the factory shall be protected against damaged during transit, delivery, storage, and erection. 1. Repair damaged areas on factory applied coatings on equipment in accordance with the equipment manufacturer’s instructions and with manufacturer’s correct color. 2. Carefully blend repaired areas into original finish. E. The following items will receive factory applied coatings and usually will not be field painted: 1. Electrical panels, motor control centers, transformers, and related items. 2. Light fixtures. 3. Pressure gauges. 4. Instrumentation. 5. Similar items with standard factory finishes, subject to ENGINEER’s review. 3.6 FIELD QUALITY CONTROL A. CONTRACTOR shall be responsible for the following testing during coating operations: 1. Prior to start, during the coating application, and at the completion of work each day, temperature and humidity readings will be obtained. If the values obtained are not within the recommended temperature and humidity range described herein or as required by the coating manufacture, the coating application will not be allowed. 2. Periodically check the wet film thickness during coating applications. 3. Prepared records of the above tests and readings. B. Testing Agency: CONTRACTOR shall engage a qualified testing agency to perform tests and inspections. 1. MDFT Measurement: a. Obtain after application of each coat of paint and final coat for every 25 square feet of surface and at locations designated by the ENGINEER. b. A minimum of three readings of the area around the location will be obtained. c. If the average of these readings indicates the MDFT for the final coat is below the specified minimum, CONTRACTOR shall apply another coat in accordance with the manufacturer’s instructions. 2. The interiors of liquid containing structures and tanks will be tested for holidays after final coat application per NACE SPO188. Areas found to be defective shall have an additional coat applied. 3. Visually inspect concrete, nonferrous metal, plastic, and wood surfaces to ensure proper and complete coverage has been obtained. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 14 of 33 PAINTING AND PROTECTIVE COATINGS 4. Provide particular attention to edges, angles, flanges, and similar areas where insufficient film thickness is likely to occur. C. Damaged Coatings, Pinholes, and Holidays: 1. Feather edges and repair in accordance with recommendations of coatings manufacturer. 2. Hand or power sand visible areas of chipped, peeled, or abraded paint, and feather edges. Apply prime and intermediate and final coatings in accordance with this Section. 3. Repair fusion bonded coatings as recommended by the manufacturer. 4. Apply finish coat, including touch-up and damaged repair coatings, in a manner that will present uniform texture and color-matched appearance. D. The coating system will be considered defective if it does not pass tests and inspections. When this occurs the ENGINEER will specify corrective measures. The coating system will be retested, with the additional expense occurred charged to the CONTRACTOR. E. Unsatisfactory Appearance: 1. Top coat surface found to have improper finish color or insufficient film thickness. 2. Evidence of runs, bridges, shiners, laps, or other imperfections shall be cause for rejection. 3. Repair defects in accordance with coating manufacturer’s recommendations. 4. Leave staging up until the coating has been inspected and approval received. F. Testing of Paint Materials: OWNER reserves the right to invoke the following procedure at any time and as often as OWNER deems necessary during the period when paints are being applied: 1. Owner will engage the services of a qualified testing agency to sample paint materials being used. Samples of material delivered to Project site will be taken, identified, sealed, and certified in presence of Contractor. 2. Testing agency will perform tests for compliance of paint materials with product requirements. 3. OWNER may direct CONTRACTOR to stop applying paints if test results show materials being used do not comply with product requirements. CONTRACTOR shall remove non-complying paint materials from Project site, pay for testing, and repaint surfaces painted with rejected materials. CONTRACTOR will be required to remove rejected materials from previously painted surfaces if, on repainting with complying materials, the two paints are incompatible. a. Testing Report: Prepare a Report for each coating applied on the Project. 3.7 MANUFACTURER’S SERVICES A. In accordance with the requirements of Division 1 Section 01640 “Manufacturer’s Services,” coating representative shall be present at Project site as follows: 1. On first day of application of any coating system. 2. Minimum of two additional Site inspection visits as required to resolve filed problems attributable to, or associated with, coating manufacturer’s product. 3. As required to verify full cure of coating prior to coated surfaces being placed into immersion service. 3.8 CLEANING AND PROTECTION A. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers and remove daily from site. B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by ENGINEER, and leave in an undamaged condition. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 15 of 33 PAINTING AND PROTECTIVE COATINGS D. Upon completion of the work remove all staging and scaffolding. Dispose of all sand, containers, and rubbish in a suitable manner. Remove overspray, paint spots, oil or stains on adjacent surfaces. Leave the entire Project clean and acceptable. 3.9 PROTECTIVE COATING SYSTEMS A. General Information: 1. Coverage: The minimum coverage for the various components is specified as Minimum Dry Film Thickness (MDFT), unless otherwise indicated as Square Foot per Gallon (SFPG). 2. If a manufacturer is not listed, they do not offer a compatible coating system. B. Concrete Vertical Surfaces (CS-1): Exterior and Interior Cast-In-Place Concrete Walls and Ceilings, Precast Concrete Surfaces, Tilt-Up Concrete Walls, Equipment Bases, Pipe Supports, and Similar Surfaces, having a “smooth rubbed finish.” 1. Surface Preparation: SP-1 and in accordance with manufacturer’s instructions. 2. For surfaces having a rough finish or not having a “smooth rubbed finish,” apply block filler prior to application of final coats. 3. Apply exterior coating to one foot below finished grade, overlapping below ground coating system if applicable. 4. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Concrete Vertical Surfaces Exposed, Not Submerged, Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Exterior Vertical Concrete Surfaces Generic Description Waterborne Acrylic Filler (Surfaces not having “smooth rubbed finished”) AzkoNobel (ICI Paints-Devoe) BloxFil 4000(1) 50-100 SFPG Carboline Sanitile 100(1) 5.0-20.0 MDFT PPG Amercoat Pitt-Glaze 16-90 64-138 SFPG Sherwin-Williams Cement-Plex 875(1) 50-100 SFPG Tnemec Series 130(1) Envirofill 60-80 SFPG Generic Description Modified Waterborne Acrylate or Epoxy AzkoNobel (ICI Paints-Devoe) Tru-Glaze-WB 4408 3.0-5.0 MDFT Tru-Glaze-WB 4408 3.0-5.0 MDFT Carboline Sanitile 555 3.0-5.0 MDFT Sanitile 555 3.0-5.0 MDFT PPG (Amercoat) Pitt-Flex 4-110 5.4-7.2 MDFT Pitt-Flex 4-110 5.4-7.2 MDFT Sherwin-Williams ConFlex XL 6.0-8.0 MDFT ConFlex XL 6.0-8.0 MDFT Tnemec Series 156 Enviro-Crete 6.0-8.0 MDFT Series156/157 Enviro-Crete 6.0-8.0 MDFT Interior Vertical Concrete Surfaces Generic Description Ceramic-Modified Aliphatic Polyurethane over Waterborne Epoxy-Amine Adduct (Interior Damp Areas, Locker rooms, Chlorine Storage Areas) AzkoNobel (ICI Paints-Devoe) Tru-Glaze- WB 4030 2.0-4.0 MDFT Devthane 359H 2.0-6.0 MDFT Carboline Santile 555 2.0-3.0 MDFT Sanitile 855 2.0-4.0 MDFT PPG (Amercoat) Megaseal WBPC 2.0-4.0 MDFT Amershield 3.0-5.0 MDFT Item 18 1850-001-01 OCTOBER 2016 09910 - Page 16 of 33 PAINTING AND PROTECTIVE COATINGS 99-12800 Sherwin-Williams ArmorSeal WB Epoxy Primer/Sealer 2.0-3.0 MDFT Waterbased Acrolon 100 2.0-4.0 MDFT Tnemec Series 287 Enviro-Pox 2.0-3.0 MDFT Series 297 Enviro-Glaze 2.0-3.0 MDFT Products and application procedures differ frorm one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. (1) Apply block filler to concrete surfaces not having a “smooth rubbed finish”, prior to application of final coats. C. Waterproofing Below Grade Exterior Concrete Surfaces (CS-2): Cast-In-Place Concrete Walls. 1. Surface Preparation: SP-1 and in accordance with manufacturer’s instructions. 2. Apply exterior coating to one foot below finished grade, overlapping below ground coating system if applicable. 3. Coating System: When designated in Painting Schedule or on the Drawings, selection shall be one of coating systems listed below. a. Xypex Chemical Corporation: 1) First Coat: Apply Xypex Concentrate at a rate of 1-1/2 pounds per square yard worked into surface to fill surface pores and hairline cracks. (60 lb. pail covers approximately 300 sq. ft.) 2) Second Coat: Apply Xypex Modified at a rate of 1-1/2 pounds per square yard while first coat is still green but after it has reached its final set. (60 lb. pail covers approximately 300 sq. ft.) b. THOROSEAL® Foundation Coating, with ACRYL® 60 added to mixing water, to concrete surfaces located below grade. 1) Apply first coat at a rate of 2 pounds per square yard. 2) Apply second coat at a rate of 1 pound per square yard. D. Submerged or Intermittently Submerged Concrete (CS-3): Interior and exterior concrete surfaces, except for potable water service, and where special coatings are required. 1. Except where specifically excluded elsewhere in the Contract Documents, the interiors of all concrete structures exposed to wastewater or wastewater gas shall be coated per this paragraph. Coating shall not be applied to finish floors. Apply to top of vertical wall. 2. Surface Preparation: a. Allow new concrete to cure 28 days. Level protrusions and mortar splatter. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 17 of 33 PAINTING AND PROTECTIVE COATINGS Concrete Horizontal Surfaces Concrete Floors, Decks, Stairs, and other Surfaces Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description EPOXY NON-SLIP COATING AzkoNobel (ICI Paints-Devoe) Pre-Prime 167 1.5 MDFT Devran 124 150-200 SFPG Carboline Carboline 1340 Clear 3.0 MDFT Carboguard 890 4.0 MDFT(2) PPG (Amercoat) Megaseal HSPC 99-12700 6.0-10.0 MDFT Megaseal SL 10.0 MDFT Sherwin-Williams Corobond 100 4.0-6.0 MDFT Corcote HP 5.0-10.0 MDFT Tnemec Series 201 Epoxoprime 131-200 SFPG 280/281 Tneme-Glaze 131-200 SFPG(2) Generic Description Colored Quartz-Filled Modified Polyamine Epoxy (Interior Lab Floors, Locker rooms, Hallways) AzkoNobel (ICI Paints-Devoe) Devfloor 525 5.0-15.0 MDFT Devfloor 521 (2 coats) 100 SFPGPC Devoe 521 5.0-10.0 MDFT Carboline Flowprime 990 6.0-8.0 MDFT Flowquartz 920 Clear(3) (2 coats) 80 SFPGPC Flowquartz 920 Clear 80 SFPG PPG (Amercoat) Megaseal HSPC 99-12700 6.0-10.0 MDFT Megaseal SL with Quartz Broadcast 10.0 MDFT Megaseal SL Clear 99-6686 10.0 MDFT Sherwin Williams ArmorSeal 33(2) 80-100 SFPG ArmorSeal 33(2) 80-100 SFPG ArmorSeal 650 SL/RC Clear 10.0-30.0 MDFT Tnemec Series 201 Epoxoprime(1) 6.0-8.0 MDFT Series 222 Deco-Tread (2 coats) 80 SFPGPC Series 222 Deco-Tread or 284 Decco- Clear 10.0-12.0 MDFT Generic Description Clear Sealer AzkoNobel (ICI Paints-Devoe) Devthane 379UVA Clear 2.0-3.0 MDFT Carboline Carbothane 134HG Clear (gloss or satin) 1.5-2.0 MDFT PPG (Amercoat) Megaseal HSPC 99-12700 6.0-10.0 MDFT Sherwin Williams SherCrete Concrete Hardener 182- 9209 300 SFPG Tnemec Series 629 CT Densifyer 300-350 SFPG Generic Description Concrete Stain AzkoNobel (ICI Paints) Ground Works 3610 200-300 SFPG PPG (Amercoat) Plex Seal WB 4-4210 Varies up to 800 SFPG Sherwin Williams H&C Concrete Stain WB 100-150 SFPG Tnemec 607 Conformal Stain 125-200 SFPG Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 18 of 33 PAINTING AND PROTECTIVE COATINGS b. Abrasive blast per SSPC-SP13/NACE 6 for “Severe Surface”, achieving a surface profile equal to ICRI CSP 5 in accordance with manufacturer’s instructions. 3. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings, provide products of one of the manufactures listed below. Concrete Surfaces Submerged or Intermittently Submerged Manufacturer Coat 1 Coat 2 OR Coat 2 Product Coverage Product Coverage Product Coverage AzkoNobel (ICI Paints-Ceilcote) 680M Primer 3-5 MDFT Ceilpatch 610(8) Up to 500 MDFT Ceilguard 663 SG 50-125 MDFT A.W. Chesterton Co. ARC 797(1) 7-10 MDFT ARC 791(2) 250 MDFT ARC S1HB 125 MDFT Carboline Carboguard 954HB(6) (100% Solids Epoxy) 7-10 MDFT Polibrid 705 60 to 125 MDFT Plasite 4500S 60 to 125 MDFT Shewin-Williams Steel Seam FT-910(7) 5-500 MDFT Sherflex Up to 250 MDFT CorCote FRE 50-125 MDFT Tnemec Series 218 MortarClad(4) 1/16-inch Series 436 Perma-Glaze FR 60 to 100 MDFT(5) Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. 1. Do not prime more surface area than can not be top-coated within 4-hours. For vertical surfaces and applications where concrete is porous, double prime the area. 2. Primer must still be tacky prior to application of ARC 791, otherwise reprime. 3. Apply ARC S1HB at manufacturer’s recommended rate to achieve total MDFT> 4. Fill voids and bug holes with Tnemec Series 218 MortarClad. 5. Total MDFT: 125 MDFT including Series 218 MortarClad. 6. Fill voids and bug holes with Carboguard 510 water based epoxy surface applied at 1/8-inch to 2-inch depth as required. 7. Fill voids and bug holes with Steel Seam epoxy based surface applied at 1/8-inch to 2-inch depth as required. 8. Fill voids and bug holes with Ceilpatch after priming applied at 1/8-inch to 2-inch depth as required. Consult Ceilcote representative for recommended recoat intervals. E. Concrete Horizontal Surfaces (CS-4): Concrete Floors, Decks, Stairs, and other surfaces where water might pond and painting is required. 1. Surface preparation: SSPC-SP 13, achieving a surface profile equal to ICRI CSP 3 and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. 3. Refer to Division 3 Section 03300 “Cast-In-Place Concrete” for additional concrete floor and slab treatments, as applicable. F. Concrete Masonry Units (CMU) and Clay Masonry Units (CS-5): includes concrete block and concrete brick; pressed and extruded brick. 1. Surface Preparation: SP-2 and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Concrete Masonry Units (CMU) and Clay Masonry Units Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage (1) Fill voids and bug holes with Tnemec Series 218 MotarClad. (2) Broadcast 50 mesh dry silica sand to topcoat to provide non-skid surface in walkway areas. (3) Add Broadcast Colored Quartz filler #50. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 19 of 33 PAINTING AND PROTECTIVE COATINGS Concrete Masonry Units (CMU) and Clay Masonry Units Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Exterior Concrete Masonry Units (CMU) and Clay Masonry Units Generic Description Waterborne Cementitious Acrylic Filler AzkoNobel (ICI Paints-Devoe) BloxFil 4000 50-100 SFPG Carboline Sanitile 100 60-80 SFPG PPG (Amercoat) 95-217 60-80 SFPG Sherwin Williams Cement-Plex 875 60-80 SFPG Tnemec Series 130 Envirofill 60-80 SFPG Generic Description Modified Waterborne Acrylate AzkoNobel (ICI Paints-Devoe) Devflex 4216HP 3.0-6.0 MDFT Devflex 4216HP 3.0-6.0 MDFT Carboline Carbocrylic 3359 3.0-5.0 MDFT Carbocrylic 3359 3.0-5.0 MDFT PPG (Amercoat) Pitt-Flex 4-110 5.4-7.2 MDFT Pitt-Flex 4-110 5.4-7.2 MDFT Sherwin Williams ConFlex XL 6.0-8.0 MDFT ConFlex XL 6.0-8.0 MDFT Tnemec Series 156 Enviro-Crete 6.0-8.0 MDFT Series 156/157 Enviro-Crete 6.0-8.0 MDFT Generic Description RTV Silicone Rubber Water Repellant and Graffiti Protectant Sherwin Williams Anti-Graffiti Clear B97C150 6.0-9.0 MDFT Tnemec Series 626 Dur A Pell GS 65-85 SFPG Series 626 Dur A Pell GS 65-85 SFPG Interior Concrete Masonry Units (CMU) and Clay Masonry Units Generic Description Waterborne Cementitious Acrylic Filler AzkoNobel (ICI Paints-Devoe) BloxFil 4000 50-100 SFPG Carboline Sanitile 100 60 to 80 SFPG PPG (Amercoat) 95-217 60 to 80 SFPG Sherwin Williams Ement-Plex 875 50 to 100 SFPG Tnemec Series 130 Envirofill 60 to 80 SFPG Generic Description Acrylic Polymer AzkoNobel (ICI Paints) Devflex 4216HP 3.0-6.0 MDFT Devflex 4216HP 3.0-6.0 MDFT Carboline Carbocrylic 3359 3.0-5.0 MDFT Carbocrylic 3359 3.0-5.0 MDFT PPG (Amercoat) Pitt Tech Plus 2.0-4.0 MDFT Pitt Tech Plus 2.0-4.0 MDFT Sherwin Williams DTM Acrylic Coating 2.0-4.0 MDFT DTM Acrylic Coating 2.0-4.0 MDFT Tnemec Series 1029 Enduratone 2.0-3.0 MFDT Series 1028/1029 Enduratone 2.0-3.0 MDFT Item 18 1850-001-01 OCTOBER 2016 09910 - Page 20 of 33 PAINTING AND PROTECTIVE COATINGS Concrete Masonry Units (CMU) and Clay Masonry Units Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. G. Structural Steel and Metal Fabrications (CS-6): Interior and Exterior, Non-submerged, includes columns, bar joists, framing materials, window and door frames, doors, work platforms, railings, miscellaneous materials, piping, including piping to be insulated, valves, specials, equipment, pumping units, and all ferrous metals. 1. Surface Preparation: SP-3 and in accordance with coating manufacturer’s instructions. 2. Coating System: Selection shall be as shown in the Painting Schedule or on the Drawings. Structural Steel and Metal Fabrications Interior and Exterior, Non-submerged Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Organic, Zinc Rich AzkoNobel (ICI Paints-Devoe) Catha-Coat 302H 3.0-5.0 MDFT Carboline Carbozinc 859 3.0-5.0 MDFT PPG (Amercoat) Amercoat 68HS 4.0-6.0 MDFT Sherwin-Williams Corothane 1 Galvapac 2.5-3.5 MDFT Tnemec Series 90-97 Tneme-Zinc 2.5-3.5 MDFT Generic Description Low VOC Hybrid Aliphatic Polyurethane over Polyamidoamine Epoxy AzkoNobel (ICI Paints-Devoe) Bar-Rust 236 4.0-6.0 MDFT Devthane 359H 4.0-6.0 MDFT Carboline Carboguard 893 Epoxy 4.0-5.0 MDFT Carbothane 134HG Series Polyurethane 2.0-2.5 MDFT PPG (Amercoat) Amercoat 385 4.0 -6.0 MDFT Amercoat 450 Series 2.0-2.05 MDFT Sherwin-Williams Macropoxy 646 Fast Cure 5.0-10.0 MDFT Hi-Solids Polyurethane 3.0-4.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0-6.0 MDFT Series 740/750 Endura-Shield 3.0-4.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. H. Steel, Galvanized Steel, Aluminum, and Copper (CS-7): Submerged or intermittently submerged; includes piping, valves, specials, equipment, and related items. Also can be used on items to be buried underground, such as tanks and piping. 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions, depending on the metal substrate. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Steel, Galvanized Steel, Aluminum, and Copper Submerged or Intermittently Submerged and Items Buried Underground Manufacturer Coat 1 Coat 2 Coat 3 Item 18 1850-001-01 OCTOBER 2016 09910 - Page 21 of 33 PAINTING AND PROTECTIVE COATINGS Product Coverage Product Coverage Product Coverage Generic Description Polyamidoamine Epoxy AzkoNobel (ICI Paints-Devoe) Bar-Rust 236 4.0-6.0 MDFT Bar-Rust 236 4.0-6.0 MDFT Carboline Carboguard 890 4.0-6.0 MDFT Carbolguard 890 4.0-6.0 MDFT PPG (Amercoat) Amercoat 385 4.0 -6.0 MDFT Amercoat 385 4.0 -6.0 MDFT Sherwin-Williams Macropoxy 646 Fast Cure 4.0-6.0 MDFT Macropoxy 646 Fast Cure 4.0-6.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0-6.0 MDFT N69 Hi-Build Epoxoline II 4.0-6.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. I. Ferrous Metals, Alternate to Coating System CS-7 (CS-8): Submerged or intermittently submerged; includes piping, valves, specials, equipment, and related items. Also can be used on items to be buried underground, such as tanks and piping. 1. Coating system may also be for as an alternate to Coating System CS-7 when specified in the Painting Schedule. 2. Surface Preparation: a. SSPC-SP10, Near-White Blast, and in accordance with manufacturer’s instructions, depending on the metal substrate. b. Remove applied primer, if unknown or provide verification an epoxy primer was used and the “recoat” time window has not expired. Normally this period from epoxy primer application to final coat application is 6 to 12 months. 3. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Steel, Buried Alternate to Coating System CS-7 (CS-8) Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Coal Tar Epoxy 0ver Polyamidoamine Epoxy Primer 2 Coat Application(1)Single Coat Application AzkoNobel (ICI Paints) Devran 223 Recoatable Epoxy 2.0-4.0 MDFT Devtar 5A 8.0 MDFTPC Devtar 247 16.0 MDFT Carboline Carboguard 888 2.0-4.0 MDFT Carbomastic 300M 8.0 MDFTPC Carbomastic 300M 16.0 MDFT PPG (Amercoat) Amercoat 370 2.0 -4.0 MDFT Amercoat 78HB Coal Tar Epoxy 8.0 MDFTPC Amercoat 78HB Coal Tar Epoxy 16.0 MDFT Sherwin-Williams Recoatable Epoxy 2.0 -4.0 MDFT Targuard Coal Tar Epoxy 8.0 MDFTPC Hi-Mil Sher- Tar Epoxy 16.0 MDFT Tnemec N69 Hi-Build Epoxoline II 2.0-4.0 MDFT 46-H-413 Tneme-Tar 8.0 MDFTPC 46-H-413 Tneme-Tar 16.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. Apply second coat cross-wise to first coat. J. Ferrous Metals Encased in Concrete, Plaster, Insulation, Fireproofing and Similar Materials (CS-9): 1. Surface Preparation: SSPC SP6, Commercial Blast Cleaning. 2. Coating shall be UL classified in accordance with UL 263 (ASTM E119) and meets material adhesion test ASTM E 736 for use under various fire-resistive products. Meets AISC requirements for Class B surface with a mean slip coefficient no less than Item 18 1850-001-01 OCTOBER 2016 09910 - Page 22 of 33 PAINTING AND PROTECTIVE COATINGS 0.50 and tension creep not in excess of .005 inches (SSPCSP5/NACE 1 and SSPC- SP3). 3. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Ferrous Metals Encased in Concrete, Plaster, Insulation, Fireproofing and Similar Materials Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Aromatic Polyurethane, Mio-Zinc Filled Primer Sherwin-Williams Corothane l Mio-Zinc 2K 2.0-4.0 MDFT Macropoxy 646 Fast Cure 5.0-10.0 MDFT Tnemec Series 394 PerimePrime 2.5-3.5 MDFT N69 Hi-Build Epoxoline II 4.0-6.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. K. Metal Surfaces Exposed to Temperatures 2500 F to 4500 F (CS-10): 1. Surface Preparation: As described herein and in accordance with the manufacturer’s instructions. a. SPC10, Near White Blast. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Metal Surfaces Exposed to Temperatures 2500 F to 4500 F Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Silicone Acrylic High Heat AzkoNobel (ICI Paints-Devoe) HT-10 (710-S- 9100) 2 coats 1.0-1.5 MDFTPC Carboline Thermaline 4900R Aluminum 2 coats 1.0-1.5 MDFTPC PPG (Amercoat) Amercoat 892HS Silicone Aluminum 2 coats 1.0-1.5 MDFTPC Sherwin-Williams Kem Hi- Temp Heat- Flex II 450 2 coats 1.0-1.5 MDFTPC Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. L. Ferrous Surfaces in Contact with Potable Water and Water Being Treated for use as Potable Water (CS-11): 1. NSF Certified: Coatings shall conform to ANSI/NSF Standard 61 and certified by an organization accredited by ANSI. 2. Surface Preparation: As described herein and in accordance with the manufacturer’s instructions. a. Interior Ferrous Metals; Submerged or Intermittently Submerged: SSPC SPC10, Near White Blast. b. Interior Ferrous Metals, Dry: SSPC SPC6, Commercial Blast. 3. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Ferrous Surfaces in Contact with Potable Water and Water Being Treated for use as Potable Water Item 18 1850-001-01 OCTOBER 2016 09910 - Page 23 of 33 PAINTING AND PROTECTIVE COATINGS Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Organic, Zinc Rich Urethane/Modified Polyamine Epoxy, min. 80% Volume Solids AzkoNobel (ICI Paints-Devoe Bar-Rust 233H 4.0-6.0 MDFT Bar-Rust 233H 4.0-6.0 MDFT Carboline Carboguard 561 or 561LT 4.0-6.0 MDFT Carboguard 561 or 561LT 4.0-6.0 MDFT PPG (Amercoat) Amerlock 2 5.0-6.0 MDFT Amerlock 2 5.0-6.0 MDFT Sherwin-Williams Corothane 1 Galvapac 2.5-3.5 MDFT Tank Clad HS 3.0-6.0 MDFT Tnemec Series 91 H20 Hydro- Zinc 2.5 to 3.5 MDT Series 141 Epoxoline 10.0 MDFT Generic Description SPECIAL SYSTEM (Long term service of 25 to 30 years) AzkoNobel (ICI Paints-Enviroline) Enviroline 230 Potable Water Lining (100% Soilds Hybrid Epoxy) 20 to 50 MDFT Carboline(1) Carboline Polyclad 708 (100% Solids Polyurthane) 25 to 30 MDFT Sherwin-Williams Envirolastic AR520 PW 40 to 60 MDFT Tnemec Series 406 Elasto- Shield (100% Solids Polyurethan e) 25 to 30 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. Carboline Alternate: Polibrid 705 applied at a coverage of 25 to 30 MDFT. M. Concrete Surfaces in Contact with Potable Water (CS-12): 1. Surface Preparation: In accordance with manufacturer’s instructions and the following requirements: a. Allow new concrete to cure 28 days. b. Verify dryness testing for moisture with a “plastic film tape-down test” per ASTM D4263. c. Horizontal Surfaces: If required, test for moisture vapor emission using anhydrous calcium chloride per ASTM F1869. d. Moisture Content: Not exceed 3 pounds per 1,000 sq. ft. in a 24 hour period. e. Abrasive blast or mechanically abrade to remove laitance, form release agents, curing compounds, sealers, and other contaminates and to provide a surface profile per SSPC-SP 13, ICRI CSP 5. f. Voids, bug holes, and other cavities to be filled with recommended filler or surfacer. 2. Coating System: Subject to compliance with requirements, provide products of one of the manufactures listed below. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 24 of 33 PAINTING AND PROTECTIVE COATINGS Concrete Surfaces in Contact with Potable Water Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Modified Polyamine Epoxy (100% Volume Solids) AzkoNobel (ICI Paints-Enviroline) Enviroline 230 Potable Water Lining 20 to 50 MDFT Carboline Phenoline 341 16.0- 22.0 MDFT PPG (Amercoat) SigmaGuard CSF 585US 12.0-16.0 MDFT Sherwin-Williams DuraPlate UHS 18.0-22.0 MDFT Tnemec Series 22 Pota Pox 100 16.0- 22.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. N. Galvanized Metal (Not Chromate Passivated), Interior and Exterior (CS-13): Includes doors, windows, frames, railings, pipes, platforms, overhead decking, eaves troughs, gutters, downspouts, ducts, etc. 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. 2. Brush all weld seams, rivets, bolt and nuts, etc. with 50 percent thinned solution prior to first full coat. 3. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Galvanized Metal (Not Chromate Passivated), Interior and Exterior Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Hybrid Aliphatic Polyurethane over Polyamidoamine Epoxy AzkoNobel (ICI Paints-Devoe) Devran 205 2.0-4.0 MDFT Devthane 359H 4.0-6.0 MDFT Carboline Carboguard 893 Epoxy(1) 4.0-5.0 MDFT Carbothane 134HG Series Polyurethane 2.0-2.5 MDFT PPG (Amercoat) Amercoat 385 4.0 -6.0 MDFT Amercoat 450 Series 2.0-2.5 MDFT Sherwin-Williams Macropoxy 646 Fast Cure 4.0-6.0 MDFT Hi-Solids Polyurethane 3.0-4.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0-6.0 mdft Series 740/750 Endura-Shield 3.0-4.0 mdft Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. Carboline Alternate: Galosveal WB applied at coverage of 0.5 to 1.0 MDFT. Delete requirement for brush blasting. O. Aluminum (Not Anodized), Interior and Exterior Items (CS-14): Includes sash, sills and frames, flashing, handrails, post and railings, downpipes, etc. 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions.. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 25 of 33 PAINTING AND PROTECTIVE COATINGS Aluminum (Not Anodized), Interior and Exterior Items Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Hybrid Aliphatic Polyurethane over Polyamidoamine Epoxy AzkoNobel (ICI Paints-Devoe) Devran 205 2.0-4.0 MDFT Devthane 359H 4.0-6.0 MDFT Carboline Carboguard 890 4.0-5.0 MDFT Carbothane 134HG Series Polyurethane 2.0-2.5 MDFT PPG (Amercoat) Amercoat 385 4.0 -6.0 MDFT Amercoat 450 Series 2.0-2.5 MDFT Sherwin-Williams Macropoxy 646 Fast Cure Epoxy 4.0-6.0 MDFT Hi-Solids Polyurethane 3.0-4.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0-6.0 mdft Series 740/750 Endura-Shield 3.0-4.0 mdft Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s P. Wood Products (CS-15): 1. Includes the following wood products: a. Glue laminated beams and columns. b. Dimension lumber, such as columns, beams, exposed joists, underside of decking, siding, fencing, etc. c. Dressed lumber, such as doors, door and window frames, casings, battens, smooth fascias, etc. d. Wood paneling and casework, such as partitions, panels, plywood veneer, millwork, etc. 2. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. a. Sand rough areas smooth, seal knots and pitch pockets, and fill cracks and nail holes after primer is dry, b. Wood fillers will be used on open grained woods if a smooth, glass-like finish is desired. c. All surfaces shall be free of oil, grease, dust, dirt, and other contaminants. 3. Coating System: Selection of finished coating system, with gloss/sheen required, shall be as shown in Painting Schedule or on the Drawings. Wood Products Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Polyamidoamine Epoxy (Wood surfaces of baffles and paddles, water treatment equipment) AzkoNobel (ICI Paints-Devoe) Bar-Rust 233H 4.0-6.0 MDFT Bar-Rust 233H 4.0-6.0 MDFT Carboline Carboguard 61 4.0-6.0 MDFT Carboguard 61 4.0-6.0 MDFT Sherwin-Williams Macropoxy 646 PW 4.0-6.0 MDFT Macropoxy 646 PW 4.0-6.0 MDFT Tnemec Series N140 Pota-Pox Plus 4.0-6.0 MDFT Series 141 Epoxoline 8.0-10.0 MDFT Generic Description High-Performance Pure acrylic (Over epoxy primer) (Not for immersion service) AzkoNobel (ICI Tru-Glaze- 2.0-4.0 Devflex 3.0-6.0 Devflex 3.0-6.0 Item 18 1850-001-01 OCTOBER 2016 09910 - Page 26 of 33 PAINTING AND PROTECTIVE COATINGS Paints-Devoe) WB 4030 MDFT 4216HP MDFT 4216HP MDFT Carboline Sanitile 120 1.0-2.0 MDFT Carbocrylic 3359 2.0-4.0 MDFT Carbocrylic 3359 2.0-4.0 MDFT PPG (Amercoat) Seal Grip Acrylic Primer 1.0-2.0 MDFT Pitt Tech Plus 2.0-4.0 MDFT Pitt Tech Plus 2.0-4.0 MDFT Sherwin-Williams DRM Acrylic Primer/Finis h 2.0-5.0 MDFT DTM Acrylic Coating 2.0-4.0 MDFT DTM Acrylic Coating 2.0-4.0 MDFT Tnemec Series 151- 1051 Elasto- Grip FC 0.7-1.5 MDFT Series 1029 Enduratone 2.0-3.0 MDFT Series 1028/1029 Enduratone 2.0-3.0 MDFT Generic Description Solid Color Stain W.B. AzkoNobel (ICI Paints-Flood) SWF Solid 150-300 SFPG PPG (Amercoat) Sun Proof 77-1110 350-5000 SFPG Sherwin-Williams DeckScapes 150-300 SFPG Generic Description Varnish (Over stain, gloss or simi-gloss) AzkoNobel (ICI Paints-Devoe) Wood Classics 2 coats 400-500 SFPG Sherwin-Williams WoodClassic s Fast Dry 2 coats 1.3 MDFTPC Generic Description Polyurethane, Clear, 2-Component AzkoNobel (ICI Paints-Devoe) 1802 Satin or 1808 Gloss 2 coats 400-500 SFPG PPG (Amercoat) Olympic 4388X 2 coats 1.4 MDFTPC Sherwin-Williams WoodClassic s Polyurethan e Varnish 2 coats 1.4-1.7 MDFTPC Generic Description Polyurethane Pigmented, 2-Component PPG (Amercoat) Pitthane Ultra 95- 8000 2.0-3.0 MDFT Sherwin-Williams WoodClassic s Polyurethan e Varnish 2 coats 1.4-1.7 MDFTPC Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. Q. Fiberglass (CS-16); Includes tanks, piping, panels, trims, fabrications, etc. 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Fiberglass Interior and Exterior, Exposed, Uninsulated Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Item 18 1850-001-01 OCTOBER 2016 09910 - Page 27 of 33 PAINTING AND PROTECTIVE COATINGS Generic Description Low VOC Hybrid Aliphatic Polyurethane over Polyamidoamine Epoxy AzkoNobel (ICI Paints) Carboline Carboguard 890 4.0-5.0 MDFT Carbothane 134HG Series Polyurethane 2.0-2.5 MDFT AzkoNobel (ICI Paints-Devoe) Bar-Rust 236 4.0-8.0 MDFT Devthane 359H 3.0-6.0 MDFT PPG Amercoat Amercoat 385 4.0-6.0 MDFT Amercoat 450 Series 2.0-2.5 MDFT Sherwin-Williams Macropoxy 646 Fast Cure Epoxy 4.0-6.0 MDFT Hi-Solids Polyurethane 3.0-4.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0-6.0 MDFT Series 740/750 Endura-Shield 3.0-4.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. R. Plastic (CS-17); Exposed, uninsulated, includes PVC and CPVC piping (exposed uninsulated), fabrications, vinyl siding and related items. 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Plastic Interior and Exterior, Exposed, Uninsulated Manufacturer Coat 1 Coat (1)Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Aliphatic Polyurethane (exterior only) over Polyamidoamine Epoxy AzkoNobel (ICI Paints-Devoe) Bar-Rust 236 4.0-8.0 MDFT Devthane 359H 3.0-6.0 MDFT Carboline Carboguard 890 4.0 MDFT Carbothane 134HG Series Polyurethane(1) 2.0-2.5 MDFT PPG Amercoat Amercoat 385 4.0-6.0 MDFT Amercoat 450 Series(1) 2.0-2.5 MDFT Sherwin-Williams Macropoxy 646 Fast Cure Epoxy 4.0-6.0 MDFT Hi-Solids Polyurethane 3.0-4.0 MDFT Tnemec N69 Hi-Build Epoxoline II 4.0 MDFT Series 740/750 Endura- Shield(1) 3.0-4.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. (1) Apply polyurethane second coat to exterior plastic components. S. Spray Texture Ceiling (CS-18): 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Spray Texture Ceiling Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Item 18 1850-001-01 OCTOBER 2016 09910 - Page 28 of 33 PAINTING AND PROTECTIVE COATINGS Generic Description Latex, Flat AzkoNobel (ICI Paints) Spraymaster 1280 Unigrip Dryfall 1.5-2.0 MDFT PPG (Amercoat) Speedhide Acrylic Dryfall 2.6-3.2 MDFT Sherwin-Williams Waterborne Acrylic Dryfall 3.0-4.5 MDFT Generic Description Alkyd AzkoNobel (ICI Paints) Spraymaster 1380 Alkyd Dryfall 3.0-5.0 MDFT PPG (Amercoat) Apeedhide Alkyd Dryfall 3.1-4.2 MDFT Sherwin-Williams Dryfall Flat 3.0-5.0 MDFT Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. T. Plaster and Gypsum Board, Interior (CS-19): Includes gypsum wallboard, drywall, Sheet Rock type material, and texture finishes: 1. Surface Preparation: As described herein and in accordance with manufacturer’s instructions. 2. Coating System: Selection shall be as shown in Painting Schedule or on the Drawings. Plaster and Gypsum Board, Interior Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Waterborne , low VOC, high dispersion pure acrylic polymer AzkoNobel (ICI Paints) Prep & Prime 1000 1.0-2.0 MDFT Devflex 4212 1.5-4.0 MDFT Devflex 4212 1.5-4.0 MDFT Carboline Sanitile 120 1.0-2.0 MDFT Sanitile 555 2.0-4.0 MDFT Sanitile 555 2.0-4.0 MDFT PPG (Amercoat) Speedlhide Latex Primer 6-2 1.0-1.3 MDFT Pitt Tech Plus 2.0-4.0 MDFT Pitt Tech Plus 2.0-4.0 MDFT Sherwin-Williams PrepRite 200 Latex Primer 1.0-1.5 MDFT DTM Acrylic Coating 2.0-4.0 MDFT DTM Acrylic Coating 2.0-4.0 MDFT Tnemec Series 151- 1051 2.0-4.0 MDFT Series 1029 Enduratone 2.0-3.0 MDFT Series 1029 Enduratone 2.0-3.0 MDFT Valspar Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. U. Interior Concrete Floors (Sealed)(CS-20): 1. Surface Preparation: Clean and prepare floor surface as described herein. 2. Coating System: Standard “water clear” emulsion type breathing coating of acrylic resins (based on methyl methacrylate) in water recommended for application to interior concrete as water-repellant coating; minimum 20 percent solids content. Interior Concrete Floors (Sealed) Manufacturer Coat 1 Coat 2 Coat 3 Product Coverage Product Coverage Product Coverage Generic Description Methylmethacrylate Acrylic/ Hydrophobic Fumed Silica Item 18 1850-001-01 OCTOBER 2016 09910 - Page 29 of 33 PAINTING AND PROTECTIVE COATINGS AzkoNobel (Distributer- Rainguard) Micro-Seal Water Repellant/Curing Aid 250 SFPG PPG (Amercoat) Plex Seal WB 300-500 SFPG Sherwin-Williams H&C Concrete Sealer 200-300 SFPG Tnemec Series 625 Conformal Clear 125-200 SFPG Products and application procedures differ from one manufacturer to another, therefore apply coatings in accordance with manufacturer’s instructions. 3.10 FIELD QUALITY CONTROL A. CONTRACTOR shall be responsible for the following testing during coating operations: 1. Prior to start and during the coating application each day, temperature and humidity readings will be obtained. If the values obtained are not within the recommended temperature and humidity range described herein or as required by the coating manufacture, the coating application will not be allowed. 2. Periodically check the wet film thickness during coating applications. 3. Prepared records of the above tests and readings. B. Testing Agency: OWNER will engage a qualified testing agency to perform tests and inspections. 1. Minimum Dry Film Thickness (MDF) readings will be obtained after each coat of paint has been applied, and after final coat has been applied. A test will be made for every 25 square feet of surface and at locations designated by the ENGINEER. A minimum of three readings of the area around the location will be obtained. If the average of these readings indicates the MDF for the final coat is below the specified minimum, CONTRACTOR shall apply another coat in accordance with the manufacturer’s instructions. 2. The interiors of liquid containing structures and tanks will be tested for holidays after final coat application. Areas found to be defected shall have an additional coat applied. C. The coating system will be considered defective if it does not pass tests and inspections. When this occurs the ENGINEER will specify corrective measures. The coating system will be retested, with the additional expense occurred charged to the CONTRACTOR. D. Testing of Paint Materials: Owner reserves the right to invoke the following procedure at any time and as often as Owner deems necessary during the period when paints are being applied: 1. Owner will engage the services of a qualified testing agency to sample paint materials being used. Samples of material delivered to Project site will be taken, identified, sealed, and certified in presence of Contractor. 2. Testing agency will perform tests for compliance of paint materials with product requirements. 3. Owner may direct Contractor to stop applying paints if test results show materials being used do not comply with product requirements. Contractor shall remove non- complying paint materials from Project site, pay for testing, and repaint surfaces painted with rejected materials. Contractor will be required to remove rejected materials from previously painted surfaces if, on repainting with complying materials, the two paints are incompatible. E. Prepare test and inspection reports. 3.11 CLEANING AND PROTECTION A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. Item 18 1850-001-01 OCTOBER 2016 09910 - Page 30 of 33 PAINTING AND PROTECTIVE COATINGS B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by ENGINEER, and leave in an undamaged condition. D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. E. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris. F. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers and remove daily from site. G. Upon completion of the work remove all staging and scaffolding. Dispose of all sand, containers, ad rubbish in a suitable manner. Remove overspray, paint spots, oil or stains on adjacent surfaces. Leave the entire Project clean and acceptable. 3.12 PRODUCT DATA SHEET, COATING SYSTEM DATA SHEET, AND PAINTING SCHEDULE A. Product Data Sheet and Coating System Data Sheet: Information shall be provided by coating system manufacturer for each system in accordance with the PDS and CSDS after the “END OF SECTION”. B. Painting Schedule: Protective coatings shall be applied to the various substrates in accordance with the Painting Schedule after the “END OF SECTION”. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 09910 Page 31 of 33 PAINTING AND PROTECTIVE COATINGS PRODUCT DATA SHEET Complete and attach manufacturer’s Technical Data Sheet to this Product Data Sheet (PDS) for each product submitted. Provide manufacturer’s recommendations for the following parameters at temperature (o F)/relative humidity. TEMPERATURE/RH 50/50 70/30 90/25 Induction Time Pot Life Shelf Life Drying Time Curing Time Min. Recoat Time Max. Recoat Time Provide manufacturer’s recommendations for the following:  Mixing Ratio: ___________________________________________________________  Maximum Permissible Thinning: ____________________________________________  Ambient Temperature Limitations: ___________________________________________  Surface Temperature Limitations: ___________________________________________  Surface Profile Requirements: ______________________________________________ Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 09910 Page 32 of 33 PAINTING AND PROTECTIVE COATINGS COATING SYSTEM DATA SHEET Complete this Coating System Data Sheet (CSDS) for each coating system; include all components of the system (surface preparation, primer, intermediate coats, and finish coat). Include all components of a given coating system on a single PSD. PAINT SYSTEM NUMBER: Paint System Title: Coating System Supplier: Representative: Surface Preparation: Paint Material (Generic) Product Name/Number (Proprietary) Minimum Coats Coverage Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 09 9 1 0 P a g e 3 3 o f 3 3 PA I N T I N G A N D P R O T E C T I V E C O A T I N G S PA I N T I N G S C H E D U L E (1 ) CS N o . Su b s t r a t e D e s c r i p ti o n Fi n i s h i n g S y s t e m Gl o s s Le v e l Ap p l i c a t i o n Remarks No t e s : 1. T h i s S c h e d u l e i s n o t i n t e n d e d t o b e a l l i n c l u s i v e o f i t e m s t o b e c o a t e d o n t h e P r o j e c t . R e f e r t o t h e s p e c i f i c a t i o n s a n d D r a w in g s f o r i n f o r m a t i o n o n a r e a s t o be c o a t e d . 2. P r o d u c t s a n d a p p l i c a t i o n p r o c e d u r e s d i f f e r f o r m o n e m a n u f a c t u r e r to a n o t h e r , t h e r e f o r e a p p l y c o a t in g s i n a c c o r d a n c e w i t h m a n ufacturer’s instructions. Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 10952 - Page 1 of 6 IDENTIFICATION, STENCILING, AND TAGGING SECTION 10952 IDENTIFICATION, STENCILING, AND TAGGING PART 1 - GENERAL 1.1 WORK INCLUDED A. The CONTRACTOR shall furnish all labor, materials, tools, equipment, and perform all work and services for all identifications, stenciling and tagging as shown on the drawings and as specified. B. Items include but are not necessarily limited to the following areas of work: 1. Paint and provide identification signs for all exposed piping, ductwork, and conduits in accordance with Schedule A at the end of this section. 2. Provide identification tags and stenciling for all equipment, valves, instrumentation, and electrical components, including existing equipment and valves. Specific valve and equipment tag information shall be furnished by the OWNER. C. Although such work is not specifically shown or specified, all supplementary or miscellaneous items, including connections and mounting hardware, necessary for a sound, secure, and complete installation shall be furnished and installed as part of this work. 1.2 QUALITY ASSURANCE A. Unless otherwise specified, all equipment and valves including mechanical, process, electrical, and instrumentation are required to be identified. B. Unless otherwise specified, openings, accesses and related locations are required to be identified. C. Coordination, development, and initiation of identification, marking, and tagging systems and determination of separation of subcontractor's and manufacturer's corresponding responsibilities is the sole responsibility of the CONTRACTOR. D. Referenced Standards: Comply with applicable provisions and recommendations of the following, except where otherwise shown or specified: 1. ANSI A13.1, Scheme for the Identification of Piping Systems. 2. Great Lakes - Upper Mississippi River Board of State Sanitary Engineers (Ten States Standards). Recommended Standards of Waste Treatment Works latest edition, Recommended Color Scheme for Piping. Three Great Lakes - Upper Mississippi River Board of State Sanitary, 1968 Edition, Addendum No. 6, Painting of Water Works Piping for Public Water Supplies. 3. OSHA 1910.144, Safety Color Code for Marking Physical Hazards. 4. SSPC Volume 2, System and Specifications, Surface Preparation Guide and Paint Application Specifications. 1.3 SYSTEM DESCRIPTION A. All exposed piping, duct, and conduit systems and accessible piping and conduit systems located in chases shall be painted with an identifying coded color with the product identification and flow directional arrows applied. B. All equipment, pumping units and machinery shall be identified. C. All valves shall be identified. D. Electrical and instrumentation components shall be identified. E. Safety signage shall be installed at non-potable water locations, equipment that automatically starts, covers for rotating machinery, electrical control centers, fire fighting apparatus locations, eye and noise protection, hazardous material locations, chlorine and chemical areas, and other designated locations. F. Unless otherwise specified, openings, accesses and related locations are required to be identified. Item 18 1850-001-01 OCTOBER 2016 10952 - Page 2 of 6 IDENTIFICATION, STENCILING, AND TAGGING G. Coordination, development, and initiation of identification, marking, and tagging systems and determination of separation of subcontractor and manufacturers corresponding responsibilities shall be determine by the CONTRACTOR. 1.4 SUBMITTALS A. Submit identification register acknowledging all designated or scheduled equipment, instruments, gauges, valves, HVAC equipment, mechanical and electrical equipment. All items on register shall be tagged. Numbering system will be determined by the OWNER. B. Develop and submit full identification register acknowledging equipment, valves, instruments, mechanical equipment and electrical equipment which is not designated or scheduled in drawings and specifications. Provide identifications compatible but not conflicting with designated or scheduled equipment and related items. All items on register shall be tagged. C. Submit assurances that subcontractors and manufacturers have been advised of register requirements. D. Update identification register immediately prior to final acceptance of work. E. Pipe Markers and Safety Signs: 1. Submit for approval samples of each type of marker and sign specified. 2. Submit copies of manufacturer's technical brochure including color chart and list of standard signs. PART 2 - PRODUCTS 2.1 MATERIALS A. Acceptable Manufacturers: Provide products by one of the following: 1. W. H. Brady Company. 2. Seton Name Plate Corporation. 3. Or approved equal. B. General: 1. Pipe marker and safety sign materials shall withstand normal washing as required to remove grease, oil, chemicals, etc., without showing discoloration, loss of gloss, staining or other damage. 2. Piping markers shall be formed from laminated plastic. All printing shall be sealed with a formed butyrate plastic film. Markers for piping up to 6-inch diameter shall be pre-formed to completely wrap around the pipe requiring no adhesive. Markers for pipes over 6-inch diameter shall be performed to the contour of the pipe and attached with stainless steel spring fastener. 3. Each marker shall consist of at least one legend descriptive of the function of the pipe, as listed in Schedule A, and a directional arrow. 4. The size of lettering and marker shall conform to ANSI A13.1. 5. Location of markers: a. Adjacent to each valve and "T" connection. b. At each branch and riser takeoff. c. At each pipe passage through a wall, floor and ceiling. d. On all horizontal and vertical pipe runs at 20-foot intervals. 6. Safety signs shall be 18 inches by 24 inches formed from semi-rigid butyrate or polyethylene. They shall be attached with 4 stainless steel screws or similar fastener for substrate. 2.2 COLORS AND FINISHES A. Color Schedule: Paint colors will be selected by the ENGINEER from the approved manufacturer's color chips. B. Color Coding: In general, all color coding of piping, ducts and equipment shall comply with applicable standards of ANSI A13.1 and OSHA 1910.144. Item 18 1850-001-01 OCTOBER 2016 10952 - Page 3 of 6 IDENTIFICATION, STENCILING, AND TAGGING C. Piping and Sign Color Code: Refer to Schedule A at end of section. 2.3 IDENTIFICATION SYSTEMS A. Tagging system and stenciling system may be selected by the CONTRACTOR. Valve tags shall include identification number, process, valve type, direction to open and number of turns to open. B. Tagging of Equipment: 1. Yard Valves: Identify with brass marking plate (minimum 1/8-inch thick) with embedment for placement in concrete. 2. Yard Slide Gates: Provide stainless steel plates with black enamel filled embossed lettering. Provide minimum plate of 2-1/2 inches with minimum letter height of 2 inches. Attach to gate frames at visible location by stainless steel fasteners. 3. Process valves, mechanical valves, instrumentation, and mechanical and process equipment (interior/exterior): a. Provide minimum 2-1/2-inch stainless steel plate with black enamel filled lettering. b. Attach to valves by nylon strap or stainless steel nonremovable beaded chains or to equipment by stainless steel fasteners. c. Provide general color scheme of tagging for listed items with black letter and numbers on background as follows: Instrumentation tags White Process valves and equipment tags Red Water valves tags Blue Mechanical valve and equipment tags Green Electrical equipment Yellow 4. Electrical Equipment: Observe requirements and provisions stated in Divisions 25 and 26 of these specifications. C. Identification of piping, process tanks, galleries, pits, chemical liquid or solid storage tanks and silos, storage vessels, air ducts and similar items. 1. Use Tagging Systems by W. H. Brady Company, as follows: a. Vinyl film cloth for interior non-insulated piping systems (Category B-500). b. Thin film for insulated piping systems (Category B-350). c. All weather film for outdoor exposed piping (Category B-350). Provide flow arrows, banding tape, and numbering and lettering of same materials for corresponding applications. 2. Use stenciling systems in accordance with accepted practices. 3. Tagging and stenciling letter and number heights shall be: a. Minimum 1/2 inch for piping less than 1-inch diameter. b. Minimum 1-1/8 inches for piping 1 inch to 3-inch diameter. c. Minimum 2-1/4 inches for piping greater than 3-inch diameter to 24-inch. d. Minimum 3-1/2 inches for piping greater than 24-inch diameter and all process tanks, galleries, pits, chemical, liquid, or solid storage tanks and silos, storage vessels, mechanical heat exchangers, ducts, fans, and similar related items. PART 3 - EXECUTION 3.1 INSTALLATION A. Protected printed surfaces and adjacent work and materials by suitable covering during progress of work. B. Insure hardware, accessories, plates, fixtures, finished work and similar items are removed or protected. C. Paint or apply not less than one band on any length of pipe. Follow a clean-cut line around entire pipe. Item 18 1850-001-01 OCTOBER 2016 10952 - Page 4 of 6 IDENTIFICATION, STENCILING, AND TAGGING D. Install piping markers and safety signs only after all painting and finish work has been completed. This does not include temporary "wet paint" or construction safety signs. E. Provide arrows and identification stickers: 1. At 20'-0" maximum centers along continuous lines. 2. At changes in direction (route), valves, risers, joints, machinery, or equipment. 3. Where pipes, ducts pass through floor, wall, ceiling, cladding assemblies and the like obstruction on both sides of assembly. 4. Apply markers on both sides of pipe and where view is not obstructed. 5. Arrow markers must point away from pipe markers and in flow direction, if flow in both directions use double-headed arrow markers. F. Identify piping and ductwork including interior or exterior, exposed or covered, insulated or not, including pipes and ducts in open or covered floor or ceiling ducts or spaces. G. Apply tapes in uniform manner and parallel to piping and ducts. Item 18 1850-001-01 OCTOBER 2016 10952 - Page 5 of 6 IDENTIFICATION, STENCILING, AND TAGGING SCHEDULE A PIPING AND SIGN COLOR CODE Piping Lettering Background Piping and Legend Color Color Color Water Air Conditioning Water Blue White Green Domestic Hot Water Blue/Red Black Yellow Bands Plant Water Gray Black Green Potable Water Blue Black Green Air and Gas Blower Air Green White Blue Chlorine Gas Yellow White Blue Mixed Gas Red Black Yellow Natural Gas Red Black Yellow Propane Gas Red Black Yellow Sludge Gas, HP Red Black Yellow Sludge Gas, LP Red Black Yellow Waste Gas Red Black Yellow Blower Lube White White Blue Grease White Black Green Foul (odorous) Air Match Existing Pipe Color Oxygen Gas N/A Green White Chemicals Chlorine Liquified Yellow Black Yellow Chlorine Solution Yellow Black Yellow Ferric Chloride Yellow Black Yellow Ferric Sulfide Yellow Black Yellow Ferrous Chloride Yellow Black Yellow Item 18 1850-001-01 OCTOBER 2016 10952 - Page 6 of 6 IDENTIFICATION, STENCILING, AND TAGGING SCHEDULE A PIPING AND SIGN COLOR CODE Piping Lettering Background Piping and Legend Color Color Color Process Grit Beige Black Green Scum Beige Black Green Sewage Beige Black Green Sludge Beige Black Green Digester Tank Vent Beige Black Green Oxygenated Wastewater Green White Green Vents High and Low Yellow Black Yellow Temperature Colors listed above shall be similar to the following standard colors by Tnemec Company: Blue: BR18 "Safety Blue" Red: CC13 "Safety Red" Gray: BG62 "Slate Gray" Green: BS28 "Safety Green" Beige: AH72 "Ivory Tower" Yellow: BR18 "Safety Yellow" White: AA90 "White" END OF SECTION Item 18 1850-001-01 OCTOBER 2016 11010 - Page 1 of 3 INSTALLATION OF PRE-SELECTED EQUIPMENT L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\100% Specifications\Div 11\11010 Installation of Pre-Selected Equip.docx SECTION 11010 INSTALLATION OF PRE-SELECTED EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. CONTRACTOR shall furnish and install the equipment previously pre-selected by the OWNER. The Pre-Selected Equipment proposal(s) received by the OWNER are included in Appendix A of the Contract Documents. 2. CONTRACTOR shall provide the pre-selected equipment and furnish all labor, tools, equipment and machinery necessary to receive, inspect, unload, protect and install completely, in proper operating condition, the equipment pre-selected by the OWNER. 3. CONTRACTOR shall be responsible for furnishing and installing incidental items required for proper installation and operation of the pre-selected equipment. 4. When the service of a manufacturer's representative is required to assist in installation and start-up of the equipment, the CONTRACTOR shall arrange for such and advise the OWNER as to the schedule. 5. When the service of a manufacturer’s representative is required to provide training of the OWNER’S personnel, schedule the training with the OWNER. 6. Installation, adjustments, and testing of the equipment shall be in accordance with the manufacturer's recommendations and instructions. 7. Piping connections, electrical and instrumentation connections, and related work shall be in accordance with the shop drawings, manufacturer’s recommendations, and as shown on the Drawings. 1.3 SUBMITTALS A. Submittals for pre-selected equipment will be provided to the CONTRACTOR, so that the CONTRACTOR will have earliest notification as to size, weight, components, equipment type, anchor bolts, etc., of the equipment. CONTRACTOR shall coordinate all equipment installation. B. The CONTRACTOR shall review submittals prior to submitting to ENGINEER and return to the Supplier in accordance with the specifications. The CONTRACTOR should note that the submittal is subject to review, changes, or rejection. 1.4 DELIVERY, STORAGE AND HANDLING OF PRE-SELECTED EQUIPMENT A. Deliver, handle and store pumping system components in accordance with manufacturers written instructions, the requirements of Division 1 Sections and the requirements of the following paragraphs. B. The CONTRACTOR shall coordinate with Supplier the date and time of delivery of pre- selected equipment to jobsite and provide instructions as to the appropriate time in order to make delivery. C. The CONTRACTOR shall provide personnel and equipment as necessary for the equipment unloading and placing in appropriate storage in accordance with the manufacturer's instructions and these specifications. D. The CONTRACTOR shall provide a clean, dry place for storage of delivered equipment and store it until it is to be installed in it’s permanently location. 1. If equipment manufacturer's instructions require, the CONTRACTOR shall provide and connect electrical power to equipment or those parts of equipment, such as heaters, etc., indicated in manufacturer's instructions. Item 18 1850-001-01 OCTOBER 2016 11010 - Page 2 of 3 INSTALLATION OF PRE-SELECTED EQUIPMENT L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\100% Specifications\Div 11\11010 Installation of Pre-Selected Equip.docx 2. The preferred storage method for equipment is in a weatherproof equipment storage trailer or shed constructed for the purpose of storing equipment. For items of equipment which are too large to be stored in a trailer or shed, storage shall be in a location protected from surface water drainage, and equipment shall be covered with waterproof tarpaulins or heavy plastic film. 3. Motors stored in such a manner shall be provided with electric power connected to the motor heaters in accordance with the manufacturer's instructions, and an incandescent light bulb shall also be provided adjacent to the motor to aid in preventing condensation on the motor. E. The CONTRACTOR shall protect all pre-selected equipment from damage during unloading, storage, removing equipment from storage for installation, or during installation of equipment. If any equipment is damaged after delivery of equipment and its removal from freight hauler, the CONTRACTOR shall bear all costs for repair or replacement, as directed by ENGINEER. F. Receive delivery, store, deliver to OWNER, and place spare parts in OWNER'S designated storage location. PART 2 - PRODUCTS 2.1 GENERAL A. The pre-selected equipment is described and specified in the applicable Appendix A of the Contract Documents. PART 3 - EXECUTION 3.1 INSTALLATION A. Pre-select equipment shall be installed by the CONTRACTOR in accordance with the Drawings, pre-selected equipment specifications, shop drawings, manufacturer’s instructions, and Division 1 Section 01700 “Execution Requirements.” 1. Conflicts between Drawings, pre-selected equipment specifications, and manufacturer’s instructions shall be reported to ENGINEER as soon as they are discovered. ENGINEER shall coordinate the resolution of such conflicts and provide the CONTRACTOR their resolution in writing. B. Install equipment, pumps, piping, valves, electrical and instrumentation in accordance with the Drawings, shop drawings, the manufacturer's instructions and the supplemental requirements below. 1. Equipment bases shall be set level and in alignment and shall be grouted in place in accordance with manufacturer’s recommendations. 2. Provide pipe supports for piping adjacent to connection to equipment. Provide gaskets and bolt sets for all connections unless specifically identified as being furnished by the Supplier. 3. Do not cut or weld any stainless steel or galvanized steel component in the field. Violation of this requirement may result in rejection of affected components. 4. Align, adjust and lubricate equipment in accordance with the manufacturer's instructions, and leave in proper working condition. 5. Touch up minor scratches and scrapes in galvanized finishes using at least 3 mils of zinc rich compound conforming to Federal Specification MIL-P-26915A. 6. Clean surface with wire brush and wipe clean with damp rag. Allow to dry before application. 7. Electrical components shall be provided and installed in accordance with the Drawings and Division 16 of the Specifications. 8. Instrumentation and controls shall be in accordance with the Drawings and the Instrumentation Sections. C. Provide manpower, equipment, and related services to manufacturer's field representative and assist with equipment lubrication, alignment, adjustment, and start-up. Requirements for manufacturer’s representative shall be as described in Division 15 Section 15115 “Valves, Pressure Reducing Valve.” Item 18 1850-001-01 OCTOBER 2016 11010 - Page 3 of 3 INSTALLATION OF PRE-SELECTED EQUIPMENT L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\100% Specifications\Div 11\11010 Installation of Pre-Selected Equip.docx 1. Furnish necessary lubricants for initial operation. The grades of oil and grease shall be in accordance with the recommendations of the equipment manufacturer. 2. CONTRACTOR shall observe equipment in operation after start-up and report any irregularities in equipment operation to ENGINEER. 3. CONTRACTOR shall assist equipment manufacturer in making adjustments to equipment to improve its performance and to reduce operating irregularities, rough operation, vibration, and noise such that equipment operates within acceptable limits set by manufacturer and typical for other similar installations. D. Provide cleanup and disposal of unneeded or surplus materials, which were delivered with equipment, after installation of equipment. If the OWNER desires, the CONTRACTOR shall remove unneeded or surplus materials, deliver to location designated by the OWNER, and unload and place in designated storage location for the OWNER'S future use. E. Provide a protective coating system in accordance with Division 9 Section 09910 “Painting and Protective Coatings.” 1. Provide touch-up painting, as required, for equipment which is delivered painted, in accordance with manufacturer's instructions for the paint system used for manufacturer's equipment. 2. Field paint piping, valves, connections and unpainted equipment as shown and specified in the specifications and drawings. F. Provide equipment identification and install in accordance with Division 10 Section 10952 “Identification, Stenciling, and Tagging”. 3.2 FIELD QUALITY CONTROL A. Assist manufacturer's representative with startup, adjusting, and site testing of the completed installation. Place system in proper operating condition. B. Operate equipment for the specified time periods in applicable pre-selected equipment section Appendix A of the Contract Documents. 3.3 DEMONSTRATION A. Startup and test equipment in accordance with Division 1 Section 01750 “Starting and Adjusting.” B. Provide the training of the OWNER’S personnel in accordance with Division 1 Section 01117 “Pre-selected Equipment.” 3.4 PRE-SELECTED EQUIPMENT SCHEDULE A. The equipment listed in the Schedule below has been pre-selected by the OWNER for installation by the CONTRACTOR. Section Title SUPPLIER 15115 PRESSURE REDUCING VALVE CLA-VAL END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 15001 Page 1 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx SECTION 15001 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS PART 1 - GENERAL 1.1 WORK INCLUDED A. All exposed, submerged and buried plant and station piping including modifications to existing systems as well as new pipe systems. B. Potable water and raw water mains, sanitary sewers, storm drains and culverts shown on Drawings. 1.2 RELATED WORK A. Section 02223 Trenching, Backfilling and Compacting. B. Division 15 Pipe and Fitting Sections and Pipe Testing Requirements. 1.3 DESCRIPTION OF PIPING SYSTEMS A. The configuration and layout of yard and station piping systems are shown in the Drawings. The existing piping systems are shown based on identifiable points and the previous project construction plans. CONTRACTOR shall identify existing piping locations and elevations in the vicinity of construction and notify the ENGINEER of conflicts prior to ordering materials. B. The type of pipe and joints, and embedment (if buried) to be used for each system are shown on the drawings or included in the appropriate specifications. C. In certain locations, pipe supports, anchors, and expansion joints have been indicated on the drawings, but no attempt has been made to indicate every pipe support, anchor, and expansion joint. It shall be the CONTRACTOR's responsibility to provide a complete system of pipe supports, to provide expansion joints, and to provide restraints and anchor all piping, in accordance with the requirements set forth herein. Additional pipe supports may be required adjacent to expansion joints, couplings, or valves. D. Pipe and fittings shown on yard piping drawings are general in nature. CONTRACTOR shall determine exact lengths and fittings required and make field adjustments necessary to complete piping and avoid conflicts. Changes to Plans and profiles of piping shall be submitted to ENGINEER for approval. Pipe and fittings not incorporated into the project shall remain the property of the CONTRACTOR. Costs will not be paid by the OWNER for materials not used in the project, even if shown on the drawings. Additions and deletions to the scope shall be incorporated by Change Order. 1.4 SUBMITTALS A. Shop Drawings and Product Data: 1. Comply with the provisions of Section 01301 and the supplemental requirements below. 2. Submit detailed layout drawings for all piping systems. Those drawings may be organized by system or by areas. Prepare drawings to scale and show the following information on them: a. Type of piping including material, weight, linings, and coatings. If desired, use code and key to product data sheet specified below. b. Location and type of joints, fittings, taps, supports, restraint systems, kickers and blocking (as applicable). 3. Submit fabrication drawings for specials including fabricated fittings, wall pipes and wall sleeves. Show dimensions and materials of construction. 4. Submit manufacturer's standard drawings showing dimensions, configuration and materials of construction for the following items: a. Joints. b. Flanges. c. Couplings. d. Expansion joints. Item 18 1850-001-01 OCTOBER 2016 15001 Page 2 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx e. Hangers, brackets and other similar accessories. 5. Submit the following product data on all piping materials. a. Reference standard. b. Type material. c. Wall thickness, schedule or class as appropriate. d. Outside diameter. e. Type and thickness of lining. f. Type and thickness of coating. g. Pressure rating, if applicable. B. Affidavits of Compliance: 1. Submit manufacturer's affidavits of compliance with the reference standards. C. CONTRACTOR shall mark actual flowline or top of pipe elevations and actual coordinates on record drawings when pipelines are being installed. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. General: Comply with manufacturer's instructions. B. Delivery and Handling: 1. Do not deliver piping materials to project site prior to ENGINEER's approval of required submittals. 2. Unload and handle piping materials using proper materials handling equipment. 3. Do not drop, roll, skid piping materials. 4. Take such additional precautions as necessary to avoid damaging piping materials and coatings thereon. C. Storage: 1. Store piping materials in a manner, which will reduce risk of damage, contamination, or corrosion. Piping materials will not be stored directly on the ground it shall be palletized or blocked. 2. Scotch piping materials to prevent rolling or falling. 3. Protect materials from weather, sun, dust or other contaminants as recommended by the manufacturer or referenced documents. PART 2 - PRODUCTS 2.1 GENERAL A. See other Sections in Division 15 for piping materials specifications. B. No asbestos materials shall be used in any piping materials, linings, and gaskets for this project. C. PVC piping shall not be used beneath structures except for chlorine gas or solution. Where PVC pressure pipe is called out for a system, furnish continuous copper tubing for less than 4-inch diameter and DIP for 4 inches and larger sizes. Transition 3 feet outside slabs and 1- foot above slabs unless otherwise shown. All piping beneath slabs and to 1 feet outside of slab shall be concrete encased. D. Gravity drain systems beneath slabs shall be ductile iron. Exposed drain system piping shall be PVC. E. All buried potable water piping installed in this project shall have tape indicating "Potable Water Line" installed 12 inches above the pipe. F. Install cleanouts on sludge piping so that all runs between bends may be accessed and at intervals not exceeding 250 feet on straight runs. Refer to Standard details. G. All bolts and fasteners on buried or submerged fittings and valves shall be 316 stainless steel. Item 18 1850-001-01 OCTOBER 2016 15001 Page 3 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx PART 3 - EXECUTION 3.1 GENERAL INSTALLATION REQUIREMENTS A. Install all piping systems in accordance with the Drawings, Technical Specifications, approved shop drawings and manufacturer's installation instructions. B. Examine all piping materials prior to installation and replace items that are damaged or otherwise defective. C. Thoroughly clean inside of all piping, valves, and accessories, and outside of all materials which will be exposed. Clean before installation and maintain in that condition until accepted by OWNER. D. Provide temporary caps or plugs over all pipe openings at the end of each day to prevent foreign material from entering the piping systems. E. Do not modify structures, equipment, or piping for the purpose of installing piping unless specifically authorized by the ENGINEER. F. All piping systems shall be cleaned and tested prior to making connections at structures and to existing pipe systems. Small diameter pipes shall be flushed and large diameter pipes shall have mandrels pulled or other acceptable verification furnished that pipes are clean and no construction debris remains. Temporary blocking and forms used to grout inverts and blockouts shall be removed before payment will be approved for the last 10 percent of the respective pipe pay estimate items. G. CONTRACTOR shall be responsible for, develop, and comply with the trench safety plan and a confined space entry plan. The CONTRACTOR is cautioned that the existing facilities are in operation. Raw wastewater, sludge, scum, and drain pipes, and manholes may exhibit H2S and methane gases, as well as oxygen deficient conditions. 3.2 INSTALLATION OF BURIED PIPING SYSTEMS A. Line and Grade: 1. Install piping to lines and grades shown on Drawings. 2. Slope piping uniformly between flowline elevations shown. 3. If centerline and flowline elevations are not shown on Drawings, install piping so that there is at least 4 feet of cover over same, except under ditches where the minimum cover is to be 24 inches. Piping less than 4-inch diameter may be installed with 3 feet of cover. 4. Comply with requirements for minimum and maximum trench widths shown in the plans. If maximum trench width is exceeded, use next higher class of embedment at no additional cost. 5. Refer to special detail for installation of chemical and wall diameter PVC piping. B. Dewatering: 1. Keep trenches free of water when performing any type of work in them. 2. Discharge groundwater from construction pumps as directed by Owner. C. Bedding: 1. Install bedding as shown on Drawings. Shape bedding to allow for coupling and bells and to provide support over full length of pipe section. Place embedment under haunches and on sides of pipe and compact in lifts and in a manner which does not disturb pipe from line and grade. 2. If bedding is not called for on Drawings or Specifications, piping less than 4-inch diameter shall be installed and encased in sand or granular material. Use embedment type shown in the standard details for larger pipes. 3. Provide concrete encasement for all pipe under structures and to 5' beyond structure and as shown on drawings. 4. Provide concrete cradle (Class V) Embedment to first pipe joint at all connections to structures unless otherwise shown. D. Laying of Pipe: Item 18 1850-001-01 OCTOBER 2016 15001 Page 4 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx 1. Do not drop or roll pipe into trench. Inspect thoroughly prior to laying and then place carefully by hand or materials handling equipment. 2. Do not lay pipe in water. 3. Lay bell and spigot type piping with bell end facing direction of laying which is normally upgrade. 4. Joint pipe as specified in piping material specifications. 5. Do not deflect pipe unless shown on Drawings or approved by ENGINEER. 6. When deflection of pipe is authorized, do not exceed the manufacturer's recommended maximum deflection. 7. Shoring or other trench safety systems utilized shall be of thin cross-section such that when the sections are pulled, the embedment is not disturbed or displaced. E. Encasement of Piping and Valves: 1. Provide polyethylene encasement for cast iron and ductile iron piping and valves. 2. Provide sand encasement for PVC pipe unless otherwise shown. 3. Encapsulate all buried flanges, valves, and couplings in wax tape. Utilize suggested primer and profiling mastic to create smooth profile for wax tape. 4. Sand encasement to extend at least six inches above pipe and 3 inches below pipe. 5. Use Class C concrete or flowable fill when concrete encasement is called for on Drawings. Such encasement to extend a distance of Pipe OD/6 with a minimum of six inches from pipe in all directions unless otherwise noted on drawings. F. Concrete Blocking: 1. Concrete thrust blocking may be used for all buried piping 6 inches in diameter and smaller that is under pressure. All piping larger than 6-inch size shall utilize mechanical restraint systems. 2. Locate thrust blocks at all bends, tees, wyes, hydrants, and plugs. 3. Use Class C concrete. 4. Place concrete against undisturbed firm earth. 5. Area of concrete in contact with earth to be as required to prevent pipe movement at specified field test pressure. 6. Indicate thrust blocking locations on Record Drawings. G. Restrained Joints: 1. Use restrained joint piping and fittings for all pipe 8 inches and larger that is under pressure and when called for on Drawings. 2. Restrained joints may be used in lieu of concrete blocking for pipes smaller than 8 inches. 3. Restraining system and number of restrained joints shall be designed by pipe supplier and submitted for review. H. Backfilling: 1. Comply with Section 02223 and the following supplemental requirements. 2. Backfill as soon as practicable after installation of piping, valves, encasement, restraint and blocking. 3. Touch up damaged protective coatings prior to backfilling. 4. Exercise care to avoid damaging piping or protective coatings with tamping equipment. 5. When authorized by the ENGINEER, sheeting and bracing may be left in trench. Cut off all members so that tops of same are at least 18 inches below ground. Sheeting and bracing left in place shall be indicated on Record Drawings. I. Connections to New Manholes 1. Couplings for pipe connections shall be cast into the manhole walls (FERNCO or approved equal). PVC sleeves with rubber gaskets and abrasive silica outer coating may also be utilized. 2. All clamps shall be 316 stainless steel. 3. Support manhole connection to first pipe joint with concrete cradle. J. Making Field Connections to Manholes (when approved by ENGINEER): 1. Cut neat opening in manhole no larger than necessary to insert pipe. 2. Utilize PVC sleeves with rubber gaskets and abrasive silica outer coating. After installing new lines, place concrete collar around pipe on outside of manhole to seal Item 18 1850-001-01 OCTOBER 2016 15001 Page 5 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx joint. Make collar approximately 8 inches wide by 8 inches deep. Use Class B concrete. 3. Modify invert channel in manhole to provide smooth transition into or out of new pipe. Use Class B concrete. K. Testing 1. Comply with Section 15002 and pipe specifications and drawings. 3.3 INSTALLATION OF EXPOSED PIPING SYSTEMS A. Alignment and Elevation: 1. Install straight runs true to line and elevation. 2. Install vertical pipe truly plumb in all directions. 3. Install piping parallel or perpendicular to building walls. Piping at odd angles and 45 degree runs across corners will not be accepted unless specifically shown on Drawings. 4. Install small diameter piping generally as shown on Drawings when specific locations and elevations are not indicated. Locate such piping as required to avoid ducts, equipment, beams, etc. 5. Install piping so that pipe, flanges, valves, and associated appurtenances are at least eight feet above finish floors, stairs, and landings unless lesser clearances are specifically dimensioned on the Drawings. 6. Bring piping to alignment and elevation without forcing or springing pipe. B. Joints: 1. Joint pipe in accordance with piping material specifications and the supplemental requirements below. 2. Wire brush flange faces and threads before jointing. 3. Bring piping to proper alignment and elevation with permanent support system before tightening flange bolts and nuts. C. Unions for Threaded Piping: 1. Install unions near threaded valves and equipment to facilitate assembly and disassembly of piping, in addition to the specific locations shown on plans. 2. Install dielectric unions wherever dissimilar metals are joined. D. Expansion Joints: 1. Install in accordance with Drawings, specifications for expansion joints and approved shop drawings. 2. Use of additional couplings and adaptors to be approved by ENGINEER prior to installation. E. Flexible Couplings and Flanged Coupling Adaptors: 1. Install in accordance with Drawings, specifications for couplings and adaptors, and approved shop drawings. 2. CONTRACTOR may use couplings and adaptors over and above those shown on Drawings to facilitate installation of piping. Use of additional couplings and adaptors to be approved by ENGINEER prior to installation. F. Piping Supports and Restraints: 1. General: a. Restrain, block, brace, support, or suspend pipe and fittings to prevent displacement, vibration, sagging, warping, deformation, or failure of piping and fittings, and to allow for expansion and contraction. b. Support and restrain piping so that no piping loads from weight or thrust will be imparted to pumps or other equipment. c. Materials: Unless otherwise specified, all pipe supports shall comply with ANSI/MSS SP-58 and MSS SP-69. Materials of construction for fabricated steel supports are covered in the structural steel section. All pipe support materials shall be packaged as necessary to ensure delivery in satisfactory condition. Item 18 1850-001-01 OCTOBER 2016 15001 Page 6 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx d. Unless otherwise specified or indicated on the drawings, pipe supports shall be fabricated of manufacturer's standard materials and provided with manufacturer's standard finish. e. Except as specified herein, the use of supports which rely on stressed thermoplastic components to support the pipe will not be acceptable. PVC pipe 4 inches and smaller, interior locations and exterior chemical storage area locations, shall be supported by pultruded vinylester channel and components as specified below: 1) Material: Vinylester Fiberglass, Class 1 Fire Rated per ASTM E-84, Premium Grade, pultruded channel as manufactured by Entrum Industries, Strut Tech Series 200 or equal. Support system shall be as specified herein and as recommended by the manufacturer. 2) Adjustable strap type pipe clamps are not acceptable. Any metal components, if required, for this type support system shall be Type 316 stainless steel. f. Contact between dissimilar metals, including contact between stainless steel and carbon steel, shall be prevented. Supports for brass or copper pipe or tubing shall be copper plated. Those portions of pipe supports which contact other dissimilar metals shall be rubber or vinyl coated. g. All pipe supports, fasteners, anchors and hardware in wetwells, manholes, vaults, and submerged locations shall be AISI Type 316 stainless steel. Stainless steel supports fabricated by welding shall be AISI Type 316L material. G. Supports for Horizontal Piping and Spacing of Expansion Joints: 1. Location: Unless closer spacing is indicated on the drawings, the maximum spacing for pipe supports and expansion joints shall be: Type of Pipe Pipe Support Max Spacing feet Max Run Without Expansion Joint, Loop, or Bend (Note a) feet Expansion Joint Max Spacing (Note b) feet Cast iron 15 80 80 Cast iron, glass-lined 12 80 80 Steel for hot water heating 1-1/4-inch and smaller 1-1/2- to 4-inch Over 4-inch 7 10 15 30 30 30 100 100 100 Steel for other services 1-1/4-inch and smaller 1-1/2- to 4-inch Over 4-inch 7 10 15 30 30 80 100 100 80 Stainless steel 1-1/4-inch and smaller 1-1/2- to 4-inch Over 4-inch 7 10 15 30 30 80 100 100 80 Copper for hot water 1-inch and smaller Over 1-inch 5 7 20 20 100 100 Copper for other services 1-inch and smaller Over 1-inch 5 7 -- 50 -- 100 PVC, Schedule 80 1/8- and 1/4-inch 1/2-inch 3/4-inch 1- and 1-1/4-inch 1-1/2- and 2-inch 2-1/2-inch 3-inch 4-inch 6-inch 8-inch Continuous 3-1/2 4 4-1/2 5 5-1/2 6-1/2 7 8 9 20 20 20 20 20 20 20 20 20 20 60 60 60 60 60 60 60 60 60 60 Item 18 1850-001-01 OCTOBER 2016 15001 Page 7 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx 10-inch 12-inch 9-1/2 10 20 20 60 60 Polypropylene 6 -- -- Cast iron soil 10 -- -- PVC, Schedule 40 1/2-inch 3/4- and 1-inch 1-1/4- and 1-1/2-inch 2-inch 2-1/2-inch 3-inch 4-inch 6-inch 8-inch 10-inch 12-inch 3-1/2 4 4-1/2 5 5-1/2 6 6-1/2 7-1/2 8 8-1/2 9-1/2 20 20 20 20 20 20 20 20 20 20 20 60 60 60 60 60 60 60 60 60 60 60 NOTES: a. Unless otherwise permitted, an expansion joint shall be provided in each straight run of pipe having an overall length between loops or bends exceeding the maximum run specified herein. b. Unless otherwise permitted, the spacing between expansion joints in any straight pipe run shall not exceed the maximum spacing specified herein. c. Expansion joint fittings shall be as specified in the pipe joint and expansion joints section. d. Correction factors shall be applied to the above table as recommended by the manufacturer to adjust for fluid specific gravities other than 1.0. e. Maximum allowable spacing for PVC pipe shall be reduced when required by manufacturer's recommendations for maximum fluid temperatures. 2. Locate hangers or supports immediately adjacent to or at any change in piping direction, on both sides of valves, couplings, and heavy fittings, and on either end of pipe sections being removed unless specifically noted otherwise on Drawings. Install all hangers and supports so as not to interfere with the free expansion and contraction of the pipe. 3. When hangers are used to support insulated piping, provide shields to protect insulation. 4. Provide concrete supports as shown on Drawings, or when required to comply with these specifications. Construct in accordance with concrete specifications and details shown on Drawings. 5. Rubber hose and flexible tubing shall be provided with continuous angle or channel support, except at injector and chemical feed pump locations. 6. Unless otherwise indicated on the drawings or permitted by the ENGINEER, piping shall be supported approximately 1-1/2 inches out from the face of walls and at least 3 inches below ceilings. 7. Concrete inserts or L-shaped anchor bolts shall be used to support piping from new cast-in-place concrete. Capsule anchors shall be used to fasten supports to existing concrete and masonry. Design loads for inserts, brackets, clamps, and other support items shall not exceed the manufacturer's recommended loads. 8. Pipe supports shall be manufactured for the size and type of pipe to which they are applied. Strap hangers will not be acceptable. Threaded rods shall have sufficient threading to permit the maximum adjustment available in the support item. 9. 10. Anchorage shall be provided to resist thrust due to temperature changes, changes in diameter or direction, or dead ending. Anchors shall be located as required to force expansion and contraction movement to occur at expansion joints, loops, or elbows, and as required to prevent excessive bending stresses and opening of mechanical couplings. Anchorage for temperature changes shall be centered between elbows and mechanical joints used as expansion joints. Anchorage for bellows type expansion joints may be located adjacent to the joint. 10. Pipe guides` shall be provided adjacent to bellows type expansion joints. Guides will not be required when mechanical couplings are permitted as expansion joints. Item 18 1850-001-01 OCTOBER 2016 15001 Page 8 of 8 GENERAL REQUIREMENTS FOR PLANT AND STATION PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15001 General Requirements for Plant and Station Piping Systems.docx Guides shall be placed on both sides of expansion joints except where anchors are adjacent to the joint. Unless otherwise indicated on the drawings, one guide shall be within four pipe diameters from the joint and a second guide within 14 pipe diameters from the first guide. Pipe supports shall allow adequate movement; pipe guides shall not be used for support. Pipe guides shall be installed as recommended by the manufacturer. H. Drain Valves and Air Bleed Valves: 1. Provide drain petcocks 1/4-inch diameter opening at all low points. 2. Provide air bleed valves 1/8-inch diameter opening at all high points unless specifically indicated otherwise. I. Supports for Vertical Piping: 1. Support in accordance with Drawings and approved shop drawings. 2. For piping 4 inches and smaller, install riser clamps so as to support piping at each floor sleeve. 3. Use at least 3/4-inch of nonshrink grout in setting base elbows and tees. See Section 03605 for nonshrink grout requirements. 4. For piping larger than 4 inches, locate supports at change of direction, at both sides of valves and couplings, and at maximum spacing of 10 feet. J. Piping Restraints: 1. Provide kickers and mechanical restraint system as shown on Drawings and required herein. 2. Use at least 3/4-inch of nonshrink grout between kickers and walls or floors and between piping supports and floors or walls unless otherwise shown on Drawings. See Section 03605, Nonshrink Grout, for nonshrink grout requirements. K. Supports for Valves: 1. Provide supports for valves 16 inches and larger. Use the type of support shown on Drawings. If type is not shown, use concrete cradle type. CONTRACTOR may utilize an alternate type if acceptable to the ENGINEER. 2. Install floor stands as shown on Drawings and as recommended by the manufacturer. 3. Provide lateral restraints for extension bonnets and extension stems as shown on Drawings and as recommended by the manufacturer. 4. Provide sleeves where operating stems pass through floor. 5. Place approved asphalt fill in recessed areas as shown on Drawings where flush bottom sluice gates or special valve installations are indicated. Size recessed areas as recommended by valve or gate manufacturer. Compact fill after placement. 6. Install valve boxes so that they will not transmit shock or stress to valve and will be centered and plumb over the operating nuts. L. L. Wall Fittings: 1. Wall fittings shall be as shown on the plans and the standard detail sheets. 2. Wall fittings shall match the wall thickness, pipeline diameters, and connection types specified for the applicable pipeline designation. M. Field Painting: Comply with Sections 09900 and 09905. 1. Buried Piping: Ductile iron, cast iron and steel coatings per Sections 15020 and 15021 as applicable. 2. Exposed Piping: Paint all exposed piping, supports, fittings and valves except stainless steel and fiberglass in accordance with Sections 10952, 09900, and 09905. N. Pipe Testing. 1. Comply with Section 15002 and pipe specifications. O. Insulation and Heat Trace 1. Insulate all exposed pipes 6-inch and smaller and where specifically called for on the plans. Refer to Sections 15180 and 15250. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 15022 Page 1 of 3 FIELD TESTING OF PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15002 Field Testing of Piping Systems.docx SECTION 15002 FIELD TESTING OF PIPING SYSTEMS PART 1 - GENERAL 1.1 SCOPE A. Provide all necessary labor, materials and equipment, including test pumps and gauges, as well as temporary valves and piping to perform the testing operations of piping systems as specified herein. B. All water pipelines will be tested. C. CONTRACTOR's Responsibility: 1. Take such precautions as required to prevent damage to lines and appurtenances being tested. 2. Repair any damage resulting from tests. 3. Repair and retest all items which do not pass the tests as specified herein. 4. Conduct all tests in the presence of the ENGINEER, and to the satisfaction of the ENGINEER and all State and local authorities having jurisdiction. 5. All necessary pumps, water, pipe connections, meters, gauges, and any necessary apparatus to perform and conduct the tests shall be furnished by the CONTRACTOR. CONTRACTOR shall furnish all necessary equipment and make all tests at CONTRACTOR's expense without separate measurement and payment, but said expense shall be subsidiary to installation of pipe. D. Test pressures are specified in the schedule at the end of this section. E. Water used for testing purposes shall be potable water only. 1.2 REFERENCE STANDARDS A. Gray and ductile cast-iron water mains and appurtenances, AWWA C600, as applicable. 1.3 SUBMITTALS A. Submit record data describing proposed testing methods, procedures, and apparatus for ENGINEER's record, prior to testing. B. Conform to any other applicable requirements of Section 01301. C. Submit a certified test report for each test to ENGINEER certifying the test pressures, duration of the test, leakage and pertinent observations and comments. 1.4 GENERAL SEQUENCE OF WORK A. Obtain the OWNER's approval of proposed testing methods, procedures, and apparatus, before performing any test. B. Upon receipt of the OWNER's approval, submit a schedule of testing dates and times at least 24 hours in advance of testing. C. Perform tests as specified herein. 1.5 DEFINITIONS A. "Gravity lines" shall refer to PVC, clay pipe, reinforced concrete (non-cylinder-type) pipe, and other such pipes designed to normally operate in a partially full condition. B. "Pressure lines" shall refer to ductile iron, PVC, RCCP, steel, and other such pipes designed to operate in a full condition, with the system's energy grade line at or above the top of the pipe during normal operating conditions. Item 18 1850-001-01 OCTOBER 2016 15022 Page 2 of 3 FIELD TESTING OF PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15002 Field Testing of Piping Systems.docx PART 2 - PRODUCTS - NOT APPLICABLE. PART 3 - EXECUTION 3.1 TESTING OF PRESSURE LINES A. General: 1. Allow concrete blocking to cure for at least 7 days before testing. 2. Backfill and compact soil behind all blocking. 3. Backfill over pipe to extent necessary to restrain the piping. Backfill shall extend to within 1-foot of proposed final grade. 4. Under no condition shall hydrostatic testing be performed against OWNERs valves. 5. Conduct water leakage test after completing hydrostatic pressure tests. 6. Lines which fail to hold the specified test pressure for at least two hours or which exceed an allowable leakage rate specified below, shall be repaired to the satisfaction of the ENGINEER and retested at the CONTRACTOR's expense. 7. It is the sole responsibility of the contractor to supply and design all test plugs required for hydrostatic testing. B. Procedures for Leakage and Hydrostatic Pressure Tests: 1. Slowly fill isolated section of line with water. 2. Insure that all air has been expelled through air and vacuum release valves, taps, or connections shown on Plans for permanent piping, valves, or accessories. Do not make additional taps solely for air expulsion purposes unless approved by ENGINEER. No additional compensation will be made for additional taps. 3. Apply specified test pressure based on the elevation of the lowest section of line under test and corrected to elevation of test gauge. Duration of test shall be two hours. 4. Allow concrete pipe to stand full of water at least 12 hours before starting leakage test. 5. At the end of the two hours of the test, the entire route of the pipeline shall be inspected to locate any leaks or breaks. Any defective joints, cracked or defective pipe, fittings, or valves discovered in consequence of this pressure test shall be removed and replaced with sound material in the manner provided and the test shall be repeated until satisfactory results are obtained. Any and all noticeable leaks shall be repaired regardless of whether the actual leakage is within the allowable. The pipe shall be retested over a period of two hours. 6. All pipe shall be tested for leakage by a hydrostatic pressure test. Lines shall be filled slowly, with a maximum velocity of 1-foot per second, while venting all air. If permanent air vents have not been installed, the CONTRACTOR shall install corporation cocks at all high points to expel air during initial filling and testing of the lines. a. The duration of each leakage test shall be two hours unless otherwise specified, and during the test the line shall be subjected to a continuous pressure of 150 psig at the lowest elevation. b. Leakage is defined as the net quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, necessary to maintain pressure within 5 psi of the specified leakage test pressure after the pipe has been filled with water and the air in the pipeline has been expelled. No installation shall be accepted if the leakage is greater than that determined by the following formula: L = ND(P)0.5 x T 7400 Where L = allowable leakage, total gallons in the two-hour period N = number of joints in the length of pipeline tested D = nominal diameter of the pipe, inches Item 18 1850-001-01 OCTOBER 2016 15022 Page 3 of 3 FIELD TESTING OF PIPING SYSTEMS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15002 Field Testing of Piping Systems.docx P = average test pressure during the leakage test, psig T = Time of Test in Hours (2) c. The test pressure shall be applied by means of a pump connected to the pipe and to an approved water container, or other approved method, for accurate measurement. The test pressure shall be maintained (by additional pumping, if necessary) for the specified time. While the line is under pressure, the system and all exposed pipe, fittings, valves, and hydrants shall be carefully examined for leakage. All defective elements shall be repaired or replaced and the test repeated until all visible leakage has been stopped and the allowable leakage requirements have been met. 7. On completion of tests, any newly installed, approved taps shall be tightly plugged with brass fittings. 8. Thoroughly purge all compressed air lines after testing. 3.2 TEST PRESSURES FOR PRESSURE LINES A. Piping shall be tested to pressures shown on Plans. If not shown, test potable water pipeline at 150 psi. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 15010 Page 1 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx SECTION 15010 BASIC MECHANICAL REQUIREMENTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. The applicable provisions of this Section shall apply to the following: 1. Division 11 – Equipment, all sections. 2. Division 13 – Special Construction, equipment and special construction sections. 3. Division 14 – Conveying Systems, all sections. 4. Division 15 – Mechanical, all sections. B. Drawings are diagrammatic only and do not provide fully all dimensioned locations of various elements of work. Determine exact locations from field measurements. C. Where the work “concealed” is used in connection with insulating, painting, piping, ducts and the like, the work is understood to mean hidden from sight as in chases, furred spaces, or suspended ceilings. “Exposed” is understood to mean open to view. 1.3 REFERENCE STANDARDS A. Materials specified by reference to standards of ASTM, ANSI, AWWA, ASME, TxDOT, Federal, or other standard organizations must comply with latest edition (except where specified otherwise in individual sections by noting year or edition) in effect on date bids are received. B. Requirements in referenced standards established minimum requirements for all equipment, materials, and work. For instances where capacities, size, or other feature of the equipment, devices, or materials exceed these minimums, meet the listed or requirements specified in the Drawings and Specifications. 1.4 CODE REQUIREMENTS AND PERMITS A. Perform work in accordance with applicable statutes, ordinances, codes, and regulations of governmental authorities having jurisdiction. B. Resolve code violations discovered in Contract Documents with ENGINEER prior to award of Contract. After award of Contract, CONTRACTOR shall make any correction or addition necessary for compliance with applicable codes at no additional cost to OWNER. C. CONTRACTOR shall obtain and pay for all permits and licenses, pay all fees, and obtain all certificates of inspection and other permits required to place Work in operation. 1.5 OPERATION AND MAINTENANCE A. Provide required copies of operation and maintenance data when designated in the individual sections in accordance with Division 1 Section 01782 “Operation and Maintenance Data.” B. Provide the services of qualified manufacturers’ representatives when designated in the individual sections in accordance with Division 1 Section 01640 “Manufacturers’ Representative.” 1.6 FACILTY STARTUP, DEMONSTRATION, AND TRAINING A. Provide services of manufacturers’ representatives, as well as qualified personnel, when designated in the individual sections for equipment and system testing and facility startup in accordance with Division 1 Section 01810 “Equipment Testing and Facility Startup.” Item 18 1850-001-01 OCTOBER 2016 15010 Page 2 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx B. Provide qualified personnel and manufacturers’ representatives for the training of OWNER’S personnel and for the demonstration of facility operation in accordance with Division 1 Section 01820 “Demonstration and Training.” 1.7 QUALITY ASSURANCE A. Welding Qualifications: Qualify procedures and personnel according to the applicable code for the materials and work involved: 1. AWS D1.1/D1.1M, "Structural Welding Code – Steel” 2. AWS D1.2/D1.2M, "Structural Welding Code – Aluminum” 3. AWS D1.3, "Structural Welding Code - Sheet Steel” 4. AWS D1.4, "Structural Welding Code - Reinforcing Steel” 5. AWS D1.6, “Structural Welding Code – Stainless steel” B. Welding Qualifications: Qualify procedures and operators according to ASME Boiler and Pressure Vessel Code. C. Welding procedures and testing shall comply with ANSI B31.1.0, “Standard Code for Pressure Piping, Power Piping,” and the AWS Welding Handbook. D. Soldering and Brazing Procedures shall conform to ANSI B9.1, “Standard Safety Code for Mechanical refrigeration.” E. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 1.8 PROJECT CONDITIONS A. Division 1 Section “Product Requirements” or Division 1 Section 01010 “Construction General Requirements’ paragraph titled “Product Requirements,” which ever is applicable, provides the administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; product substitutions; and comparable products. These requirements are in addition to requirements specified in the individual sections. B. Division 1 Section “Execution Requirements” or Division 1 Section 01010 “Construction General Requirements’ paragraph titled “Execution,” which ever is applicable, provides the general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. General installation of products. 4. Progress cleaning. 5. Starting and adjusting. 6. Protection of installed construction. 7. Correction of the Work. 1.9 WARRANTY A. Special Warranty: Special warranties, in addition to the two year general construction warranty, as specified in various Sections. The special warranty time period starts with the date of Substantial Completion, unless specified otherwise. PART 2 - PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Furnish new and unused materials, products, and equipment of domestic manufacturer, unless otherwise specified. Where two or more units of the same type or class of equipment are required, provide units of a single manufacturer. B. Product selection procedures and substitution procedures are described in Division 1 Section 01600 “Product Requirements” or Division 1 Section 01010 “Construction General Requirements’ paragraph titled “Product Requirements,” which ever is applicable. Item 18 1850-001-01 OCTOBER 2016 15010 Page 3 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx C. Motors 1. Comply with NEMA designation, temperature rating, service factor, enclosure type, and efficiency requirements for motors specified in applicable motor sections of Division 11. a. Motor Sizes: Minimum size as indicated. If not indicated, large enough so driven loads will not require motor to operate in service factor range above 1.0. b. Controllers, Electrical Devices, and Wiring: Comply with requirements for electrical devices and connections specified in Division 16 Sections. D. Control Panels: Equipment manufacturer furnished control panels shall comply with the requirements of Division 11 Section 11009 “Common control Panel Requirements for Equipment.” 2.2 GENERAL FINISH REQUIREMENTS A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. 2.3 NOISE AND VIBRATION A. Select equipment to operate with minimum noise and vibration. If objectionable noise or vibration is produced, or transmitted to or through the building structure by equipment, piping, ducts, or other parts of Work, rectify such conditions without additional cost to OWNER. B. If the item of equipment is judged to produce objectionable noise or vibration, demonstrate (without cost to OWNER) that equipment performs within designated limits specified in Division 15 Section 15958 “Mechanical Equipment Testing.” 2.4 CONCRETE A. Material: Class “B” concrete mixture for equipment and structural support bases. 2.5 STRUCTRUAL MATERIAL A. Construct floor stands of structural members or steel pipe as designated in Division 5 Section 05500 “Metal Fabrications.” B. Work Platforms. Provide as shown on the Drawings and in accordance with Division 5 Section 05512 “Metal Work Platforms.” C. Anchor Bolts. Unless otherwise designated provide Type 316 stainless steel in accordance with Division 5 Section 05501 “Anchor Bolts, Expansion Anchors, and Concrete Inserts.” 2.6 MASTER EQUIPMENT LIST (MEL) A. Provide a MEL during the progress of the Work. Include the following representative items, but do not limit to, valves, controls, instruments, electrical; or control panels, switchgear, transformers, equipment, pumps, material handling devices, and related items and devices. B. Prepare the MEL in accordance with the format as described below. 1. Column 1 – Tag Number 2. Column 2 – Item of Equipment 3. Column 3 – Location 4. Column 4 – Specification Reference 5. Column 5 - Manufacture (Supplier) 6. Column 6 – Model, Serial Number, and Other Information 7. Column 7 - Remarks Item 18 1850-001-01 OCTOBER 2016 15010 Page 4 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx PART 3 - EXECUTION 3.1 GENERAL REQUIREMENTS A. Space Requirements. Consider space limitations imposed by contiguous work, including clearances required for service, in selection and location of equipment, products, and materials. Do not provide equipment, products, or materials which are not suitable in this respect. B. Obstructions: 1. The Drawings for work associated with existing facilities, indicate certain information pertaining to surface and subsurface obstructions obtain from available drawings. Such information is not guaranteed, however, as to accuracy of location or complete information. 2. Before any cutting or trenching operations are begun, verify with Owner’s Representative, utility companies, municipalities, and other interested parties that all available information has been provided. Verify locations of existing work have been given. 3. Should obstruction be encountered, whether shown or not, after routing of new work, reroute existing lines, remove obstruction where permitted, or otherwise perform whatever work is necessary to satisfy the purpose of the new work and leave existing service, structures, and facilities in a satisfactory and serviceable conditions. 4. Assume responsibility for and repair any damage to existing utilities, structures, or facilities, whether or not such existing facilities are shown on the drawings. C. Rough In: 1. Verify final locations for rough-ins with field measurements and with the requirements of the actual equipment to be connected. 2. Refer to equipment specifications in Divisions 5 through 17 for rough-in requirements. D. Job Conditions: 1. Examine the areas and conditions under which the Work will be performed. 2. Where ducts, pipes, and other mechanical work are shown in conflict with locations of structural members, electrical, other equipment and related items, include labor and materials required for extensions, offsets, and supports to clear the encroachments. 3. Although such work is not specifically indicated, furnish and install all supplementary or miscellaneous items, appurtenances, and devices incidental to or necessary for a sound, secure, and complete installation. 4. Verify all dimensions and distances. No additional compensation wil be allowed because of differences between work shown on the Drawings and actual dimensions and distances at the jobsite. E. Preparation and Coordination With Other trades: 1. Perform coordination work associated with Division 15 Mechanical in accordance with provisions of specifications, shop drawings, and Drawings, as well as the following: a. Coordinate as necessary with other trades to assure proper and adequate interface with all the Work. b. Coordinate accepted equipment changes from those scheduled or specified with other trades affected. Additional compensation to other trades for equipment changes are the responsibility of the contractor making the change. 2. The mechanical drawings are diagrammatic, but are required to be followed as closely as actual construction and work of other trades will permit. Duct and piping arrangement have been designed for maximum economy consistent with good practice and other considerations. Install the systems arranged as shown on the Drawings, except as otherwise approved in advance by the Owner’s Representative. 3. Where items such as diffusers, thermostats, switches, control panels, and related work are not specifically located on the Drawings, locate as determined in the field by the Owner’s Representative. When such items are installed without such specific direction, relocate as directed by the Owner’s Representative and at no additional cost to the OWNER. Item 18 1850-001-01 OCTOBER 2016 15010 Page 5 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx 3.2 MECHANICAL INSTALLATIONS A. General: Sequence, coordinate, and integrate the various elements of mechanical systems, materials, and equipment. Comply with the following requirements: 1. Coordinate mechanical systems, equipment, and materials installation with other building components. 2. Verify all dimensions by field measurements. 3. Arrange for chases, slots, and openings in other building components during progress of construction, to allow for mechanical installations. 4. Coordinate the installation of required supporting devices and sleeves to be set in poured-in-place concrete and other structural components, as they are constructed. 5. Sequence, coordinate, and integrate installations of mechanical materials and equipment for efficient flow of the Work. Give particular attention to large equipment requiring positioning prior to closing in the building. 6. Where mounting heights are not detailed or dimensioned, install systems, materials, and equipment to provide the maximum headroom possible. 7. Coordinate connection of mechanical systems with exterior underground and overhead utilities and services. Comply with requirements of governing regulations, franchised service companies, and controlling agencies. Provide required connection for each service. 8. Install systems, materials, and equipment to conform with approved submittal data, including coordination drawings, to greatest extent possible. Conform to arrangements indicated by the Contract Documents, recognizing that portions of the Work are shown only in diagrammatic form. Where coordination requirements conflict with individual system requirements, refer conflict to the Engineer. 9. Install systems, materials, and equipment level and plumb, parallel and perpendicular to other building systems and components, where installed exposed in finished spaces. 10. Install mechanical equipment to facilitate servicing, maintenance, and repair or replacement of equipment components. As much as practical, connect equipment for ease of disconnecting, with minimum of interference with other installations. Extend grease fittings to an accessible location. 11. Install systems, materials, and equipment giving right-of-way priority to systems required to be installed at a specified slope. B. Protection: Adequately protect work, equipment, fixtures, and materials. At completion of Project, all work shall be clean and in good conditions. C. Air Filters and Pipe Strainers: Immediately prior to Final Acceptance of Project; inspect, clean and service air filters and pipe strainers. Replace disposable type air filters. D. Lubrication, Refrigerant, and Oil: 1. Provide a complete charge of correct lubricant and oil for each item of equipment. 2. Provide complete and working charge of proper refrigerant for each refrigerant system. After each system has been in operation long enough to ensure balance operating conditions, check the charge and modify it for proper operation as required. 3.3 EQUIPMENT AND STRUCTURAL FOUNDATIONS AND SUPPORTS A. Concrete Pads: Unless otherwise shown on the Drawings, pour equipment concrete pads, 4-inch thickness minimum, on roughened floor slabs. Reinforced concrete pad with No. 4 rebar set 12 inches on center, with 2-inch clearance between top of pad and rebar. Extend outer edges of concrete pad a minimum of 2 inches beyond equipment. B. Structural Supports: Anchor structural supports on 4-inch minimum concrete pads. Adjust height of concrete pads as required to accommodate floor slopes and height of platforms and related work. C. Ceiling-Mounted Equipment: Hang from suitable brackets, platform framing or similar supports fabricated of structural members. Apply designated protective coating system in accordance with Division 9 Section 09910 “Painting and Protective Coatings.” Item 18 1850-001-01 OCTOBER 2016 15010 Page 6 of 6 BASIC MECHANICAL REQUIREMENTS L:\Projects\1850\001-01\2-0 Wrk Prod\2-3 SPECS\Div 15\15010 Basic Mechanical Requirements.docx 3.4 CUTTING AND PATCHING A. General: 1. Protection of Installed Work: During cutting and patching operations, protect adjacent installations. 2. Accomplished cutting and patching operations as shown on the Drawings and described in the Specifications and in accordance with Division 1 Section 01731 “Cutting and Patching,” if applicable. B. Perform cutting, fitting, and patching of mechanical equipment and materials required to: 1. Remove and replace Work not conforming to requirements of the Contract Documents. 2. Remove and relocate equipment and materials in existing structures. C. Protect the structure, furnishings, finishes, and adjacent materials not indicated or scheduled to be removed. 3.5 SELECTIVE DEMOLITION A. When designated on the Drawings, accomplish selective demolition of equipment, structures, facilities, and related work in accordance with the Division 1 Section 01732 “Selective Demolition,” if applicable. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 15020 Page 1 of 5 PIPING SYSTEM, DUCTILE IRON PIPE SECTION 15020 PIPING SYSTEM, DUCTILE IRON PIPE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section provides requirements for ductile iron piping system for exposed and buried applications and includes: 1. Mechanical joint, push-on and flanged ductile iron pipe, sizes 4-inch through 30 inch. 2. Mechanical joint and flanged ductile iron fittings, sizes 4-inch through 30-inch. 3. Gaskets and fasteners. 4. Protective coatings, linings and encasements. B. Related Sections: 1. Refer to Divisions 1 and 16 for information regarding submittals; coordination; material delivery, handling, and storage; projection conditions; design requirements; other materials; installation of piping systems; field testing; and related work. 2. This Section contains material requirements for pipe, fittings, specials, and appurtenances for the steel piping systems, as well as Part 1- General and Part 3- Execution additional requirements not specified in the above referenced Section. 1.3 REFERENCES A. American Water Works Association (AWWA): 1. C104/A21.4 - Cement-Motor Lining for Ductile-Iron Pipe and Fittings for Water. 2. C105/21.5 - Polyethylene Encasement for Gray and Ductile Cast-Iron Piping for Water and Other Liquids. 3. C110-C21.10 - American National Standard for Gray-Iron and Ductile-Iron Fittings, 3- inch through 48-inch for Water and Other Liquids. 4. C111/A21.11 - American National Standard for Rubber Gasket Joints for Ductile-Iron and Gray-Iron Pressure Pipe and Fittings. 5. C115/A21.15 - American National Standard for Flanged Cast-Iron and Ductile-Iron Pipe with Threaded Flanges. 6. C150/A21.50 - American National Standard for the Thickness Design of Ductile Iron Pipe. 7. C151/A21.51 - American National Standard for Ductile-Iron Pipe, Centrifugally Cast in Metal Molds or Sand-Lined Molds, for Water and Other Liquids. 8. C153/A21.10 - Ductile-Iron Compact Fittings for Water Service. 9. C600 - Installation of Ductile Iron Water Mains and Their Appurtenances. 10. C606 - Grooved and Shouldered Joints. 11. M41 - Manual Ductile Iron Pipe and Fittings. B. ASTM International, Inc. (ASTM): 1. A48 - Specification for Gray Iron Castings. 2. A193 - Specification for Alloy-Steel and Stainless Steel bolting Materials for High Temperature or High Pressure Service and Other Special Purpose Applications. 3. A194 - Specification for Carbon and Alloy Steel Nuts for Bolts for High-Pressure or High-Temperature Service, of Both. 4. A307 - Specification for Carbon Steel Bolts and Studs, 60000 PSI Tensile Strength. 5. A320 - Specification for Alloy-Steel and Stainless Steel Bolting Materials for Low Temperature Service. 6. A536 - Specification for Ductile Iron Castings. 7. A563 - Specification for Carbon and Alloy Steel Nuts. Item 18 1850-001-01 OCTOBER 2016 15020 Page 2 of 5 PIPING SYSTEM, DUCTILE IRON PIPE 8. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or other Liquids. 9. D1330 - Specification for Rubber Sheet Gaskets. C. National Sanitation Foundation (NSF): 1. NSF/ANSI 61 - Drinking Water Components – Health Effects. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: 1. Prior to the fabrication of the pipe and laying shop drawings, the Contractor shall submit fabrication and lay drawings to the Engineer as shop drawings showing the northing, easting, and top of pipe elevation at each joint location where the proposed pipe connects to existing pipes. 2. Prior to the fabrication of the pipe, submit fabrication and lay drawings to the Engineer as Shop Drawings. Shop drawings shall include a complete description of the pipe offered, including cuts, tabulated layout and pertinent design data. Shop drawings shall reference stationing on the plan/profile sheets and shall incorporate changes necessary to avoid conflicts with existing utilities and structures and adjustments necessary to make tie-ins. Details for the design and fabrication of all fittings and specials and provisions for thrust shall be included. Manufacturer and Contractor shall field verify pipe tie-in connections for adequate thrust restraint. 3. In addition to lay drawings as required above, provide modified vertical profile as needed to incorporate standard fitting angles required in the plans. This includes at minimum a markup of the plan and profile drawings with revised pipe elevations, fitting locations (stations) and angles. Pipe shall maintain a minimum cover of 5 feet and not introduce any new high points in the profile. 4. Schedule of materials furnished. C. Material Certificates: 1. Certificate of Compliance with all applicable and appropriate reference standards certifying that all pipe, fittings, and specials, and other products and materials furnished, comply with the applicable provision of the Specification. 2. Certification of Adequacy of Design: The Certificate of Adequacy of Design shall show the necessary provisions required in the design of the pipe to comply with applicable sections of this Specification. A Professional Engineer registered in the state where the Project is located shall seal the Certificate of Adequacy of Design. D. Hydraulic Thrust Restraint – Provide calculations detailing the restraint required for all pipe assemblies, fittings, valves, and plugs. Calculations shall detail the restrained joint length required at all necessary points on the piping schedule. Separate details including materials, size, assembly ratings and pipe attachment methods shall be provided. Thrust restraint requirements shall be prepared and sealed by a Professional Engineer licensed in the State of Texas. E. Field quality-control test reports. F. Prior to final completion, submit as-built, top-of-pipe survey as Record Data. Top-of-pipe survey shall include station and top-of-pipe elevation for each pipe joint. Survey information shall be provided on the Contractor’s “As-Built” drawings. 1.5 PROJECT REQUIREMENTS A. Restrained Pipe and Fitting Joints, Buried Piping: 1. Restrained joints shall be used for a sufficient distance from each bend, tee, elbow, plug, or other fitting to resist thrust that will develop at the design pressure. 2. CONTRACTOR shall provide restraint length calculations in accordance with AWWA M41 based on the laying conditions, soil conditions, depth of cover, and pressures as follows to determine the number of restrained joints that will be required. a. Design Pressure: 200 psi b. Suggested soil parameters, unless otherwise specified: Coh-gran as indicated in Table 8-2 of the latest edition of M41. Item 18 1850-001-01 OCTOBER 2016 15020 Page 3 of 5 PIPING SYSTEM, DUCTILE IRON PIPE c. Unit Weight of Soil: 90 pcf (maximum value used) d. Height of cover: as shown in plans e. Safety factor: 1.5 3. For the purposes of thrust restraint, design pressures shall be the working pressure shown, plus the additional surge allowance for potable water, service water, and pump discharge piping. The design pressure for joint restraint shall be 1.5 times the pressure class. PART 2 - PRODUCTS 2.1 PIPE AND FITTINGS A. General: Ductile iron with a thickness design for the pressures and laying conditions complying with the requirements of AWWA C150 and the manufactured in accordance with AWWA C151. 1. Comply with the following minimum thickness class, unless otherwise indicated in the Pipe Schedule. a. Pressure Class 350 psi, pipe 8-inch and larger. B. Mechanical-Joint, Ductile-Iron Pipe: AWWA C151, with mechanical-joint bell and plain spigot end unless grooved or flanged ends are indicated. 1. Mechanical-Joint, Ductile-Iron Fittings: AWWA C110, ductile- or gray-iron standard pattern or AWWA C153, ductile-iron compact pattern. 2. Glands, Gaskets, and Bolts: AWWA C111, ductile- or gray-iron glands, rubber gaskets, and steel bolts. C. Flanged-Joint, Ductile-Iron Pipe: AWWA C151, flanged ends. 1. Flange Joints: Comply with the requirements of AWWA C115. a. Class 250 as designated on Drawings or Pipe Schedule. 2. Bolting: a. Exposed or Atmospherically Exposed: ASTM A307, carbon steel, Grade A hex head bolts; ASTM A563, Grade A hex head nuts; and ASTM F436 hardened steel washers. b. Wetted, Submerged or Buried: ASTM A193 or ASTM A320, Type 316 stainless steel bolts; ASTM A194, Type 316, nuts; and washers of the same material as the bolts. c. Gaskets: 1) Flange, Flat Face: Full-faced, AWWA C111, 1/8-inch thick rubber, factory cut. 2.2 SPECIAL PIPE FITTINGS A. Flange adapter: For joining steel pipe to cast iron, provide Dresser Style 127 or equal. Gasket to be Buna-S, Grade 27. B. Reducing and Transition Coupling: Required for making reduction is sizes of piping; changing classes of piping; or joining steel and cast iron pipe, provide Dresser Style 62 or equal. 2.3 PROTECTIVE COATINGS, LININGS, AND ENCASEMENT A. Pipe and Fittings Interior: 1. Mortar: Unless otherwise specified in the Piping Schedule, all ductile iron pipe and fittings shall be provided with a cement-mortar lining in accordance with AWWA C104. An asphaltic seal coat shall be applied over the cement-mortar lining in accordance with AWWA C104. B. Pipe and Fittings Exterior: 1. Exposed Piping: Provide shop coat primer required for the coating system specified in Division 9 Section “Painting and Protective Systems.” 2. Buried Piping: Provide shop applied 1-mil asphaltic coating system per AWWA C151 for pipe and AWWA C110 for fittings. Item 18 1850-001-01 OCTOBER 2016 15020 Page 4 of 5 PIPING SYSTEM, DUCTILE IRON PIPE C. Encasement for Underground Metal Piping: ASTM A 674 or AWWA C105. 1. Form: Sheet or tube. 2. Material: LLDPE film of 0.008-inch minimum thickness or high-density, cross- laminated PE film of 0.004-inch minimum thickness. D. Color: Black. 2.4 INSULATED CONNECTIONS A. Provide dielectric insulation kits, including gaskets, insulating sleeves and washers for each bolt and nuts, where flanges are to be catholically insulated. Metal hardware such as backup washers shall be Type 316 stainless steel. Refer to Division 40 Section 40 05 00 for description and additional information. 2.5 ADDITIONAL SPARE PARTS A. At completion of construction, contractor shall provide the following spare parts to the OWNER. 1. 2 solid sleeves 2. Full circle clamp PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with the requirements of Division 40 Section 40 05 00. Drawings indicate general arrangement of piping, fittings, and specialties. B. Laying Buried Pipe: 1. Install pipe to the lines, grades and elevations shown on the Drawings, complying with the requirements of AWWA C600. 2. Unless otherwise shown on the Drawings, bury lines 12 inches and smaller with a minimum cover of 4-feet and lines 14 inches and larger with a minimum cover of 5- feet. 3. Do not lay pipe in water, or when the trench or weather is unsuitable for work. Keep water out of trench until jointing is complete. When work is not in progress, close ends of pipe and fittings securely so no trench water, earth or other substances will enter pipes or fittings. 4. Keep the inside of the pipe free from foreign matter during operations by plugging or other approved method. 5. Provide pipe bedding in accordance with the Drawings and Section 31 23 33 “Trenching, Backfilling and Compacting.” Place pipe so that the full length of each section rests solidly upon the pipe bed, with recesses excavated to accommodate bells and joints. Take up and relay pipe when the grade or joint is disturbed after laying. 6. Lay pipe with bells facing the direction of the laying except when making enclosures. 7. Buried pipe and fittings shall be polyethylene wrapped in accordance with AWWA C105. C. Restrained Joints: 1. Thrust blocks will not be allowed for restraint. 2. Fittings: a. Unless otherwise indicated on the drawings, the CONTRACTOR shall use mechanical restrained pipe joints or push on style at all buried fittings (no thrust blocks). The length of pipe requiring thrust restraint shall be calculated as described in Chapter 13 of AWWA M-41. b. All restrained joints shall have a working pressure equal to or greater than the pipe pressure class. c. Mechanical joint restraint d. Mechanical joints shall be mechanically restrained 1) Available manufacturer: Item 18 1850-001-01 OCTOBER 2016 15020 Page 5 of 5 PIPING SYSTEM, DUCTILE IRON PIPE a) Ebba Iron Series 1100 MEGALUG b) Approved equal 3. Pipe Joints: a. Unless otherwise indicated on the drawings, the CONTRACTOR shall use restrained bell and spigot pipe to achieve the restrained joint length required for the pipe design. Push on style with boltless pipe joints. All restrained joints shall have a working pressure equal to or greater than the pipe pressure class. 4. Exposed pipe: a. Unless otherwise indicated on the drawings, all exposed pipe shall be flanged. 5. CONTRACTOR shall design restrained joints based on the specified pressures as shown in the Piping Schedule or Drawings and in accordance with AWWA M-41. 6. The design for restrained joints, including the length necessary to resist the design thrust, for the embedded conditions, shall be performed and sealed by a Professional Engineer in the state where the Project is being constructed. 7. CONTRACTOR shall bear all costs for the design and will not receive reimbursement from the OWNER. 3.2 CLEANING A. All piping systems shall be thoroughly cleaned and flushed and all construction debris or foreign material removed. The CONTRACTOR shall provide all temporary connections, equipment and the like for cleaning. 3.3 FIELD QUALITY CONTROL A. Sterilization: Clean and sterilized potable water lines in accordance with Division 15 Section 15115 “Disinfection Potable Water Piping and Tanks.” B. Piping Tests: Conduct piping tests before joints are covered. C. Hydrostatic Tests: Conduct testing in accordance with Division 15 Section 15002 “Field Testing of Plant and Station Piping Systems.” D. Prepare reports of testing activities. 3.4 PIPING SCHEDULE A. As shown on the Drawings or in Division 15 Section 15001 “General Requirements for Plant and Station Piping Systems.” END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 15080 Page 1 of 3 PIPE COUPLINGS AND EXPANSION JOINTS SECTION 15080 PIPE COUPLINGS AND EXPANSION JOINTS PART 1 - GENERAL 1.1 WORK INCLUDED A. Flange coupling adapters and restraining hardware for above items. 1.2 QUALITY ASSURANCE A. Factory Assurance: 1. Test each item for mechanical and material defects per manufacturer’s standard practice. 2. Hydrostatically test each item to 150 percent of its maximum allowable working pressure. 1.3 SUBMITTALS A. Shop Drawings, Product Data and Samples: 1. Comply with the general requirements of Section 01301 and supplemental requirements below. B. Submit the following items for each type flexible coupling, flanged coupling, adaptor, and expansion joints. 1. Description and illustration of construction. 2. List of materials. 3. Description of factory-applied protective coatings. 4. Dimensions. 5. Pressure rating. 6. For expansion joints only, the movement, force, and spring rate capabilities. 7. Shop drawings for restraining systems such as tie bolt assemblies. Drawings to show layout, dimensions, number and size of bolts, and lug details. 8. Manufacturer's installation instructions. 9. Manufacturers epoxy lining and coating system for wastewater application including certificate of approval for wastewater. Catalog cuts and other information for all products proposed. C. Product data described in the previous paragraph may be submitted in the form of catalog bulletins or other standard manufacturer literature and drawings as long as all the data specified are furnished. If catalog bulletins are submitted, they are to be marked up to show the styles, options, and other data which are applicable. D. If CONTRACTOR elects to use more couplings and expansion joints than are shown on Drawings, submit piping layout drawings showing the location of each proposed additional unit and describing the type of each such unit. Use of additional units is subject to ENGINEER’s approval. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Comply with the requirements of the General Conditions. B. All materials must be NSF 61 certified. PART 2 - PRODUCTS 2.1 FLANGED COUPLING ADAPTERS A. Flanged coupling adapters to consist of a body or sleeve with pipe flange on one end and compression-type coupling on the other end. Compression coupling to consist of follower, resilient wedge-shaped gasket, and a set of bolts to draw follower against gasket. All Item 18 1850-001-01 OCTOBER 2016 15080 Page 2 of 3 PIPE COUPLINGS AND EXPANSION JOINTS flanged coupling adapters shall include restraining systems unless otherwise noted on drawings. B. Construction: 1. Body and follower: Ductile Iron 2. Flange: ANSI Class 125 or 150 bolt circles. Match class to that of piping system and vavles. 3. Bolts and nuts: a. 316 Stainless Steel. b. Number and sized to suit specified piping system test pressure. 4. Gasket: a. Resilient rubber compound suitable for potable water. b. Meets requirements of AWWA C219 and ASTM D2000 5. Working pressure of 200 psi C. Restraining System: 1. Restraining or harnessing system to be as specified for flexible couplings D. Factory Painting: 1. Apply epoxy-type protective coating system to interior and exterior of couplings including center ring. Coating to be manufacturer's epoxy system suitable for wastewater service complete with prime and finish coats. 2. All surfaces except for bolts, nuts, and gaskets shall be epoxy coated and lined. E. Number and size for tie bolts and anchor studs or locking pins to suit specified piping system test pressure. Minimum of two diametrically opposed restraints required for restrained adapters. F. Manufacturer and Model: 1. 12” and smaller: a. RFCA by Romac PART 3 - EXECUTION 3.1 INSTALLATION A. General: 1. Inspect each coupling, adaptor, and expansion joint for damage and defects before installation and replace defective items. 2. Install each item in accordance with the Drawings, TECHNICAL SPECIFICATIONS, approved piping layout shop drawings, and approved manufacturer’s installation instructions. 3. CONTRACTOR may provide additional flexible couplings, flanged coupling adapters, and expansion joints over and above those shown on Drawings to facilitate installation of piping. a. Use of such additional items is to be approved by the ENGINEER prior to installation. b. Additional joints are to be at no expense to the OWNER. 4. Verify that inside diameters of flexible couplings and flanged coupling adapters are compatible with outside diameters of piping with which couplings or adapters are being used. B. Flexible Couplings: 1. Clean and lubricate pipe ends before installation. 2. Leave a gap between the pipe ends to permit pipe expansion and increase flexibility of the joint. Gaps between pipe ends to be approximately as follows: a. 12-inch diameter and smaller: 1-inch ±. b. 24-inch diameter through 36-inch: 1-1/2-inch ±. c. Over 36 inches: 2-inch. 3. Tighten bolts in manner and to torques prescribed by manufacturer. Item 18 1850-001-01 OCTOBER 2016 15080 Page 3 of 3 PIPE COUPLINGS AND EXPANSION JOINTS C. Field Painting: 1. Touch up factory finishes which have been damaged. 2. Apply protective coating to bolts and nuts after tightening. Use same coating system as that specified for adjoining piping. D. Testing: 1. Joints are tested as a part of the overall piping system. 2. See Section 15002. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 1850-001-01 OCTOBER 2016 15101 Page 1 of 4 VALVES, GATE SECTION 15101 VALVES, GATE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. The CONTRACTOR shall furnish labor, materials, equipment and incidentals necessary to install gate valves and appurtenances, including valve boxes, operators, bolts, nuts and gaskets completely as specified herein. 2. AWWA Resilient-seated gate valves, 3-inch and larger. 1.3 REFERENCES A. The applicable provisions of the following standards shall apply as if written here in their entirety: 1. American National Standards Institute (ANSI)/ NSF: a. ANSI B16.1 Cast Iron Pipe Flanges and Flanged Fittings b. ANSI/NSF Standard 61. B. American Water Works Association (AWWA): 1. AWWA C-111 Rubber-Gasket Joints 2. AWWA C-500 Gate Valves for Water and Sewer Systems 3. AWWA C-509 Resilient Seated Gate Valves for Water and Sewage Systems C. American Society of Testing Materials (ASTM): 1. ASTM A-126 Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings 2. ASTM A-536 Standard Specification for Ductile Iron Castings 1.4 SYSTEM DESCRIPTION (NOT USED) 1.5 SUBMITTALS A. Product Data: 1. Comply with the general requirements of Division 1 and the supplemental requirements below. 2. Submit one drawing or illustration showing unit construction for each type and size valve used. 3. Submit the following information for each valve: a. Description including type of valve, type of operator and accessories included. b. Size and end connections. c. Maximum non-shock working pressure for which valve is designed. d. Materials of construction and coatings for valves, operators and accessories. e. K or Cv value. f. Manufacturers' make and model. 4. Submit the following information for geared operators: a. Type of gearing. b. Type of lubrication. c. Input torque required to develop required output torque. d. Orientation and dimensions of operator. e. Manufacturers' make and model. 5. If catalog bulletins are used to communicate above information, mark out inapplicable information. Item 18 1850-001-01 OCTOBER 2016 15101 Page 2 of 4 VALVES, GATE 6. Location of nearest stocking distributor. B. Shop Drawings 1. Special Equipment Warranty as in the Special Conditions. 2. Operation and Maintenance Data: 3. Comply with the requirements of Division 1. 4. Installation reports as specified in Division 1. C. Samples (NOT USED) D. Quality Assurance/ General Submittals 1. Affidavits: a. Submit affidavits of compliance with the reference standards including AWWA, ANSI, NSF 61, and ASTM. 2. Valve manufacturer shall provide certification from an independent testing laboratory that its valve can operate through 1000 cycles at unbalanced closing pressure (working pressure) and flow to open discharge without causing damage to any of the epoxy coating on the body or rubber coating on the gate. 1.6 QUALITY ASSURANCE A. All gate valves shall conform to AWWA Standard C509 unless otherwise specified. Valves larger than 12 inches shall be manufactured and tested to meet the requirements of AWWA C509 unless otherwise specified. B. Gate Valves when cannot be installed in a vertical position shall conform to AWWA C500 C. Gate valve sizes larger than 12-inch shall be manufactured in accordance to AWWA C509. Body thickness and stem thickness will conform to AWWA C500. D. Each valve shall have manufacturer's name plate in stainless steel or cast into body or bonnet showing the pressure ratings, serial and model numbers, year manufactured and other pertinent data. E. Manufacturers of gate valves shall demonstrate a minimum of 5 years experience for the design of gate valves, with at least 1-year experience in the design of resilient seated gate valves (AWWA C509) being furnished. References shall be furnished upon request. F. Valve supplier shall maintain a complete stock of spare parts in the State of Texas and shall be capable of delivering parts within 48 hours of receipt of request. 1.7 DELIVERY, STORAGE AND HANDLING A. Comply with the requirements of the Special Conditions and manufacturer’s recommendations. 1.8 PROJECT CONDITIONS (NOT USED) 1.9 WARRANTY A. The equipment will be warranted for two years after installation and substantial compliance of this equipment. 1.10 EXPERIENCE REQUIREMENTS A. Manufacturers of gate valves shall demonstrate a minimum of 10 years of experience in similar applications for sizes of valves being furnished. References shall be furnished upon request. Item 18 1850-001-01 OCTOBER 2016 15101 Page 3 of 4 VALVES, GATE 1.11 MAINTENANCE (NOT USED) PART 2 - PRODUCTS 2.1 GENERAL A. Suitable for potable water. Renewable parts not to be of a lower quality than specified. B. Obtain all gate valves, extensions, and associated manual operators from a single manufacturer. C. All valves for potable water service shall comply with NSF 61 standards. D. Valve operators to turn to left, counterclockwise, to open and to right, clockwise, to close. E. End connections on valves to be compatible with those specified for pipe. F. All flanges shall conform to the standard specification of the American National Standards Institute (ANSI), Class 125 unless otherwise noted. G. Paint valves and operators as shown on the plans and specification in Division 9. Painting colors to be selected by OWNER. H. Valve body and bonnet shall be coated on all exterior and interior surfaces with a fusion- bonded epoxy conforming to the requirements of AWWA C550. All linings and coatings must be suitable for potable water application. I. Furnish geared operators for all valves six inches and larger, unless otherwise specified. J. Furnish geared operators with the following features unless otherwise specified. 1. Weatherproof enclosure. 2. Grease lubricated design. 3. Operate with an input force of not more than 80 pounds pull. K. Valves shall utilize 316 stainless steel valve stem extensions with 2-inch square nut and valve boxes with covers. 2.2 RESILIENT-SEATED GATE VALVE DETAILS A. Provide valves as shown on the Plans. B. Orientation of valve shall be installed as shown in the drawings. C. Non-rising stem D. Non-shock working pressure: 200 psig through 12 inches E. Valve body: Ductile iron with full round port opening and integrally cast guides; smooth valve bottom with no recessed areas; bonnet cover. F. Gate shall be completely covered with rubber on all interior and exterior ferrous surfaces. The rubber shall be secured to the gate body, including the part which houses the stem nut. The rubber must be suitable for potable water application. G. Stem: Valve stem shall be cast, forged, or rolled bronze. H. Stem seals: Double O-ring, Buna-N protected by grit and dust cap. I. Stem nut: Brass or bronze. J. Nylon bushing and teflon washer for friction protection. 1. Flange Ends (Unless otherwise specified): a. Above Ground: Flanged, ANSI B16.1, Class 150. K. Interior coating: 2-part fusion bonded epoxy coating. L. Acceptable Manufacturers: 1. Mueller 2. Clow 3. M&H Item 18 1850-001-01 OCTOBER 2016 15101 Page 4 of 4 VALVES, GATE 4. Kennedy 2.3 OPERATORS A. Above Ground Service: 1. 3-inch and Larger: Non-rising stem with one-piece valve stem extension and 2-inch nut. B. Wrench nut operator shall comply with the requirements of applicable AWWA Standard previously reference. 2.4 ACCESSORIES A. Gate valve should have a stem extension as shown in the drawings. B. Include additional accessories as specified in Division 15. PART 3 - EXECUTION 3.1 INSTALLATION A. The Construction Contractor shall install the valves in accordance with the following requirements: 1. Installation shall be in accordance with the plans, approved shop drawings and the manufacturers instructions. 2. Install valves and valve operators to provide for ease of access and operation. 3. Install buried valve by carefully lowering into position in such a manner to prevent damage to any part of the valves. The valve shall be placed in proper position and shall be securely held until all connections have been made. All buried pipe and appurtenances shall be wrapped in polyethylene encasement in accordance with AWWA C105. B. The Equipment Manufacturer shall furnish all accessories and hardware necessary for installation. 3.2 FIELD QUALITY CONTROL A. The Equipment Manufacturer shall perform the following services: 1. Inspect the completed installation and note deficiencies. 2. Assist the CONTRACTOR during start-up, adjusting, and site testing of competed installation as required. 3. Instruct OWNER personnel in the operations and maintenance of the equipment. B. Testing: Plant testing and field startup testing will be in accordance with Division 1. All valves shall be tested by manufacturer in accordance with AWWA C500. END OF SECTION Item 18 1850-001-01 OCTOBER 2016 15115 Page 1 of 9 VALVES, PRESSURE REDUCING VALVE SECTION 15115 COMBINATION PRESSURE REDUCING AND PRESSURE SUSTAINING VALVE WITH STRAINER PART 1 - GENERAL 1.01 WORK INCLUDED Furnish, install, startup, and test one (1) 8-inch combination pressure reducing and pressure sustaining valve and required accessories as shown on the Plans and as specified herein to reduce a higher, fluctuating inlet pressure to a constant lower outlet pressure for finished water supplying the lower pressure plane. The combination pressure valve shall maintain a constant downstream pressure regardless of changing flow rate and/or inlet pressure. When the upstream pressure becomes equal to the spring setting of the pressure sustaining control, the valve throttles to maintain a constant inlet pressure. Valve shall also maintain backpressure. 1.02 QUALITY ASSURANCE A. All equipment of each type specified in this section shall be supplied by a single supplier. B. The valve manufacturer shall be responsible for the furnishing and performance of the complete valve units, including the operators. The associated valve manufacturer shall be fully responsible for the design, arrangement, and operation of all connected components, to ensure that neither harmful nor damaging nor unexpected actions result under any condition within the specified operating ranges. C. The equipment supplier shall furnish a qualified field representative for a minimum of two (2) working days total (one each on two (2) separate occasions) to provide guidance with installation, inspect all equipment described herein after installation, to assist in troubleshooting, to advise the OWNER during startup and testing, and to train OWNER's personnel in routine maintenance and troubleshooting procedures. The training shall consist of a minimum of one 8-hour day, with travel to and from the project site not included. CONTRACTOR shall coordinate the scheduling of such training and startup assistance with OWNER's personnel. Travel to and from the project site shall be the responsibility of and at the cost of the equipment supplier. OWNER may videotape training session. D. Supplier's installation report is required prior to final acceptance. E. Supplier shall maintain a complete stock of spare parts commonly needed for the equipment specified at a location within the State of Texas, or shall furnish spare parts within 48 hours of request. F. All pieces of equipment shall have an engraved Type 316 stainless steel manufacturer's nameplate securely affixed in a conspicuous place on the equipment showing the ratings, serial number, model number, manufacturer and other pertinent nameplate data. G. All equipment shall be new and shall be designed, fabricated, and assembled in accordance with the best engineering and shop practices. Individual parts shall be manufactured to standard sizes and gauges. Components shall be designed for the stresses which occur during fabrication, shipping, erection, operation, or maintenance. Materials shall be suitable for the service conditions as described herein. H. The manufacturer of each type of equipment shall perform a factory testing procedure on the equipment being furnished. Item 18 1850-001-01 OCTOBER 2016 15115 Page 2 of 9 VALVES, PRESSURE REDUCING VALVE I. The equipment, sizes, materials and arrangements described herein are based on recommendations of equipment manufacturers and shall be considered minimum limits of acceptability. The equipment manufacturer shall be responsible for the design arrangement and performance of all equipment supplied under this section. 1.03 SUBMITTALS A. Submittals shall be prepared and submitted in accordance with Section 01330. All deviation is from contract documents shall be clearly identified and approved by the ENGINEER in writing. B. The following submittals are required at a minimum in addition to the applicable requirements of Section 01330. 1. Shop drawings and applicable product data specific to this project shall be bound neatly in a single package. The following information shall be included as a minimum: a. Manufacturer and model number of all equipment within this specification and a schedule showing all operators and valves furnished for this project. b. Product data, both general and specific to this project for all system components, including valves, actuators, mounting brackets. c. Design performance characteristics, capacities, sizes, speeds, ratings, and other appropriate information. d. Layout drawings including all proposed system components with dimensions, clearances required and sizes indicated, and arrangement and size of connections. e. Listing of materials of construction for all components with coatings and linings as applicable for valves, operators, and accessories. f. Complete information on all electric and instrumentation equipment and electric power requirements. g. Complete wiring diagrams, control schematics, and data on equipment and devices to be furnished. h. Manufacturer's instructions regarding delivery, storage and handling of equipment. i. Adjustable settings with range provided for valve opening, closing, and emergency closing speeds. j. Sequenced operational control description indicating adjustment ranges and setpoints for each device and resulting action for failure to complete the individual sequences. k. Overall process and instrumentation drawings showing all pipes, devices and connections. l. The valve manufacturer shall also provide a computerized cavitation chart which shows flow rate, differential pressure, percentage of valve opening, Cv factor, system velocity, and if there will be cavitation damage. 2. Submit a summary table including the following information for each valve and actuator: a. Description including type and size of valve and accessories included. b. Size and end connections with pressure class, drilling pattern. c. Maximum non-shock working pressure, maximum allowable seating pressure, and burst pressure for which valve is designed. d. Valve K or Cv value. e. Manufacturers' make and model. 3. If catalog bulletins are used to communicate above information, mark out inapplicable information. 4. Location of nearest stocking distributor of spare parts 5. Complete operation and maintenance data for all major equipment and ancillary Item 18 1850-001-01 OCTOBER 2016 15115 Page 3 of 9 VALVES, PRESSURE REDUCING VALVE items in accordance with Section 01330. 6. Startup and test schedule. 7. Equipment installation report with field test data and test records. 8. Warranties and service agreements. 9. Specifications of valve painting system. C. Any other information necessary for ENGINEER to determine compliance with the specifications. D. Partial or incomplete submittals will not be reviewed by ENGINEER. 1.04 EXPERIENCE REQUIREMENTS A. All equipment shall be furnished by a manufacturer or supplier having at least twenty (20) U.S. installations of the type being proposed, including coordination and assembly responsibility for the valve, actuator and associated devices for a complete package, each with a minimum of 5 years of satisfactory service. B. A list of similar installations shall be furnished with the shop drawing submittal, including names and telephone numbers of contacts. 1.05 DELIVERY, STORAGE AND HANDLING Delivery, storage and handling shall be in full accordance with manufacturer's instructions. 1.06 WARRANTY All valves and devices furnished under this section shall have a warranty, in accordance with the Contract Documents, for a period of three (3) years after final acceptance of this equipment. The costs of removal, shipment, repair, and installation by CONTRACTOR shall all be included in warranty and correction of defective work. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS A. Equipment shall be designed and capable of either continuous or intermittent operation. B. All equipment, supports, anchors and fasteners shall be of adequate strength to withstand loads associated with startup, turbulence, thrusts from liquid movement, thermal expansion and contraction and other loads encountered under normal operating conditions. C. All fasteners and hardware shall be 316 stainless steel. Mounting brackets that are exposed to the water or to seal or packing leakage shall be 316 stainless steel or other acceptable non-corrosive material. 2.02 GENERAL OPERATING DESCRIPTION A. The automatic control valves shall be designed to modulate flow to the lower pressure plane and to maintain backpressure on the higher pressure plane. B. The normal upstream pressure on the finished water pipeline before the valve is between 93 psig and 112 psig. C. The valves shall be capable of reducing upstream pressure to downstream pressures ranging from 70 psig to 80 psig. Item 18 1850-001-01 OCTOBER 2016 15115 Page 4 of 9 VALVES, PRESSURE REDUCING VALVE D. Flow rates will range from 0 to 1 MGD. 2.03 OPERATING DETAILS A. Valve differential pressure powers hydraulic valve operation. The lower control chamber is connected through a fixed orifice to downstream pressure and serves as cushioning for smooth operation. The backpressure requirement must be satisfied for valve operation. The backpressure requirement shall be field adjustable. B. Provide an open/close limit switch and visual indication of valve position. 2.04 VALVE DESIGN A. General 1. The use of a manufacturer's name and model number or catalog number is for the purpose of establishing a standard of quality and general configuration desired. 2. Like items of materials/equipment shall be the end products of one manufacturer in order to provide standardization for appearance, operation, maintenance, spare parts, and manufacturer's service. 3. Equipment weighing over 100-pounds shall be provided with lifting lugs. 4. Stainless steel nameplates with the name of the manufacturer, model number, the rated capacity, and all other pertinent data shall be furnished and attached to the operators. 5. All surfaces and materials in contact with water shall conform to ANSI/NSF Standard 61 and be certified by an organization accredited by ANSI, or shall meet the TCEQ requirements for contact with potable water. B. Provide valves as shown on the Plans as flow control valves. C. Working pressure class: ANSI 150. D. Temperature Range: Water up to 180°F. E. Main Valve 1. The valve shall be hydraulically operated. 2. Valve design: Globe. 3. A single diaphragm actuated assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve, separating the operating pressure from line pressure. 4. Valve shall be equipped with position indicator. 5. Main valve shall be certified by NSF/ANSI Standard 61 as a safe drinking water system component. F. Main Valve Body - General 1. Valve construction: a. Body: Ductile iron, ASTM A-536. b. Cover: Ductile iron, ASTM A-536. c. Valve trim: Stainless Steel. d. Disc Retainer: Cast Iron. e. Diaphragm Washer: Cast Iron. f. Seat: Stainless Steel. g. Stem, Nut, and Spring: Stainless Steel. h. Seal Disc: Buna-N Rubber. i. Diaphragm: Nylon Reinforced Buna-N Rubber. j. Internal Trim Parts: Stainless Steel. Item 18 1850-001-01 OCTOBER 2016 15115 Page 5 of 9 VALVES, PRESSURE REDUCING VALVE k. Flanged connections, ASME/ANSI B16.42, Class 150. l. Coating: Fusion Bonded Epoxy Coating (Interior and Exterior); ANSI / NSF 61 Approved / AWWA coating specifications C116-03. G. Main Valve - Diaphragm Actuated 1. The valve shall contain a resilient, synthetic rubber disc, with a rectangular cross- section contained on three and one-half sides by a disc retainer, forming a tight seal against a single removable seat insert. No O-ring type disc (circular, square, or quad type) shall be used as the seating surface. 2. The disc guide shall be of the contoured type to permit smooth transition of flow and shall hold the disk in place. 3. The disc retainer shall be of a sturdy one-piece design capable of withstanding opening and closing shocks. The retainer shall have straight edge sides and a radius at the top to prevent excessive diaphragm wear due to flexing across this surface. 4. The diaphragm assembly shall include a non-magnetic 303 stainless steel stem of sufficient diameter to withstand high hydraulic pressures and shall be fully guided at both ends by a bearing in the main valve cover and an integral bearing in the valve seat. 5. The valve seat shall be a solid, one-piece design and shall have a minimum five- degree taper on the seating surface for a positive, drip-tight shut off. 6. The diaphragm assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve, separating the operating pressure from the line pressure. 7. The flexible, non-wicking, FDA approved diaphragm shall consist of nylon fabric bonded with synthetic rubber compatible with the operating fluid. The diaphragm’s center hole for the main valve stem must be sealed by the vulcanized process or a rubber grommet sealing the center stem hole from the operating pressure. The diaphragm must withstand a Mullins Burst Test of a minimum of 600 X per layer of nylon fabric and shall be cycled tested 100,000 times to insure longevity. 8. The diaphragm shall not be used as the seating surface. The diaphragm shall be fully supported in the valve body and covered by machined surfaces, which support no less than one-half of the total surface area of the diaphragm in either the fully open or the fully closed position. 9. The entire actuator assembly including the seal disc, valve shaft, bearing, diaphragm assembly, separating-partition, and top cover shall be removable from the valve as a single unit. 10. The cover bearing and seat in the 6-inch and smaller size valve shall be threaded into the cover and body. The valve seat in the 8-inch and larger size valves shall be retained by flat head machine screws for ease of maintenance. The lower bearing of the valve stem shall be contained concentrically within the seat and shall be exposed to the flow on all sides to avoid deposits. H. Pilot Control System 1. The pressure reducing pilot control shall be a direct-acting, adjustable, spring- loaded, normally open, diaphragm valve designed to permit flow when controlled pressure is less than the spring setting. The pilot control is held open by the force of the compression on the spring above the diaphragm and it closes when the delivery pressure acting on the underside of the diaphragm exceeds the spring setting. The pilot control system shall include a fixed orifice. No variable orifices shall be permitted. 2. The pressure sustaining pilot control shall be a direct-acting adjustable spring loaded control which opens when upstream pressure exceeds the spring setting on the pilot. Provide an adjustable opening and closing speed control. Closing time shall be factory set to be no less than 45 seconds and no more than 3 minutes from full open to full close. Item 18 1850-001-01 OCTOBER 2016 15115 Page 6 of 9 VALVES, PRESSURE REDUCING VALVE 3. Liquid to the pilot shall be filtered by means of an inline filter, and stainless steel cock valves shall be provided to isolate the control loop. 4. All tubing/piping for the control loop and connecting tubing/piping shall be stainless steel. Tubing shall be sized by the valve supplier such that at worst case, valve closing or opening time will be no less than 45 seconds from full open to full close. 5. System shall be equipped with a 4-inch diameter glycerin filled pressure gauge. 6. Pilot system shall be suitable for the working pressure range specified. 7. Pressure relief pilot control sensing shall be upstream of the pilot system strainer so accurate control may be maintained if the strainer is partially blocked. A full range of spring settings shall be available in ranges from 0-400 psi. Pilot to be manufactured by control valve manufacture. 8. Pilot construction: a. Body: Cast Bronze, ASTM B62. b. Cover: Brass & Stainless Steel 303. c. Rubber: Buna-N. d. Connections: FNPT. e. Pressure Rating: 400 psi Max. f. Control Tubing: Stainless Steel. g. Control Fittings: Stainless Steel. I. Acceptable Manufacturers and Models: 1. CLA-VAL Company Model No. 92-01 2.05 VALVE STRAINER A. Strainer General 1. The H-style pipeline strainer shall be capable of stopping debris and unwanted solid particles from passing through the internal mesh and continuing downstream. 2. The strainer shall have a compact H-style pattern. 3. The body shall have internal locating ribs for locating strainer mesh screen and support frame perpendicular to the flow direction. 4. The strainer mesh screen shall have contoured arch design to withstand flowing pressure distortions. The standard 10 mm mesh element shall have 0.078 inch openings and the manufacturer shall offer optional mesh elements with 0.039 or 0.059 inch openings. All strainer mesh screen elements shall be constructed of 316 SS and be of rectangular-trapezoidal shape with a one-piece 316 SS reinforcement edge covering and securely fastened to the entire screen. 5. A removable, mesh-support frame shall be located behind the strainer mesh screen to support it during normal flow use and constructed of same material as strainer body. The mesh-support frame shall have sufficiently large openings to allow full flow without deformation of strainer mesh screen. Strainer mesh screen and support frame shall be installed from the top into the internal locating ribs of the strainer body perpendicular to the flow to minimize pressure drop. 6. Integral flange end connections only shall be provided machined and drilled suitable for ANSI standard B 16.42 in class 150 with maximum operating pressure of 250 psi and for 300 class with maximum operating pressure of 400 psi. 7. Operating temperature for all H-strainers shall not exceed 175 degrees F. 8. The strainer shall have a flow area equal to or greater than 150 percent of the inlet flow area of the strainer. 9. A rectangular cover shall be provided with stainless steel air elimination valve and O-ring seal with body. 10. There shall be two drain ports supplied with plugs located perpendicular to the flow, on each strainer body side. Item 18 1850-001-01 OCTOBER 2016 15115 Page 7 of 9 VALVES, PRESSURE REDUCING VALVE 11. Strainer construction: a. Body: Ductile iron, ASTM A-536 and NSF-61 approved epoxy powder coated internally and externally. b. Cover: Ductile iron, ASTM A-536 and NSF-61 approved epoxy powder coated internally and externally. c. Mesh Support Frame: Ductile iron, ASTM A-536 d. Cover Seal: Buna "N" synthetic rubber. e. Cover Fasteners: Stainless Steel. f. Flanged connections, ANSI 150. 12. The manufacturer shall warrant the H-Style Strainer to be free of defects in material and workmanship for a period of three years from date of shipment, provided the valve is installed and used in accordance with all applicable instructions. B. Provide strainers as shown on the Plans. C. Working pressure class: ANSI 150. D. Acceptable Manufacturers and Models: 1. Cla-Val Model No. X43H H-Style Strainer 2.06 FACTORY TESTING A. Each control valve shall be factory tested. B. Shell Test: Control valves and pilot valves in the partially open position with both ends closed off with blind flanges (valves) and pipe plugs (pilots) shall be subject to a hydrostatic test. The applied pressure shall be 200 psi minimum. The pressure shall be applied for a minimum of 15 minutes. No visible leakage is permitted through the pressure boundary walls of the valve or pilot body or valve cover or the body-cover joint. C. Hydrostatic Seat Test: Control valves and pilot valves shall be subjected to a hydrostatic seat test and held for a minimum of 15 minutes.  PART 3 - EXECUTION 3.01 INSTALLATION A. Complete equipment installation with controls, safety devices and auxiliary support systems necessary to start the equipment and verify that the equipment functions correctly under no load conditions. Complete cleaning and testing of piping systems prior to connecting valves. Inspect and clean equipment, devices, piping, and structures of debris and foreign material. All small diameter piping shall be blown out with air for 1 minute prior to making connections. B. Remove temporary bracing supports and other construction debris that may damage equipment. C. Remove protective coatings and oils used for protection during shipment and installation. D. Flush, fill, and grease lubricated systems in accordance with Manufacturer's instructions. E. Install temporary connections and devices required to fill, operate, checkout and drain the system. Provide temporary valves, gauges, piping, test equipment, and other materials and equipment necessary to conduct testing and startup. F. Check equipment for correct operation and freedom of moving parts. Item 18 1850-001-01 OCTOBER 2016 15115 Page 8 of 9 VALVES, PRESSURE REDUCING VALVE G. Align equipment to Manufacturer's tolerances. Adjust seated valve positions. H. Check installation prior to start-up for conformance to Manufacturer's instructions. Check all connections for leakage with soap solution and correct all leaks. I. Adjust or modify equipment to ensure proper operation. J. Correct any deficiencies or problems noted in Manufacturer's representative's installation reports. K. Recheck all connections for leaks 15 days after startup and correct leaks. 3.02 FIELD QUALITY CONTROL Verify that structures, equipment, pipes, valves, fittings, and other appurtenances are compatible. Coordinate field devices, voltages, signal types, power needed, and programming with valve operator to provide proper functioning system. 3.03 MANUFACTURER'S REPRESENTATIVE A. The services of the manufacturer's technical representative shall be provided for pre- startup installation checks, startup assistance, training of OWNER's personnel, troubleshooting, acceptance testing, and other services as required within these Contract Documents. B. Manufacturer's representative shall: 1. Approve installation in writing to Engineer before operation. 2. Verify conformance to all specified requirements. 3. Fully instruct all designated personnel for the plant on proper care, maintenance, and operation of all equipment and appurtenances. 4. Perform specified acceptance tests and operate system to verify satisfactory operation of all equipment in presence of Owner's personnel and Engineer. 5. Check all equipment for excessive noise or vibration, proper alignment, general operation, etc. 6. Operate the equipment through the design performance range consistent with available flows. Adjust, balance, and calibrate and verify that the equipment, safety devices, controls, and process system operate within the design conditions. Each safety device shall be tested for proper setting and signal. Response shall be checked for each equipment item and alarm. Simulation signals may be used to check equipment and alarm responses. 7. Place each piece of equipment in the system in operation until the entire system is functioning. All components shall continue to operate without alarms or shutdowns, except as intended, for 8 consecutive hours to be considered started up. 8. Submit certified written field reports as required by Section 01330. 9. Provide a certificate by the valve actuator supplier indicating proper installation and start-up procedures have been followed. This certificate shall be required and included as part of the final operation and maintenance manuals in order to validate the specified three (3) year warranty. 10. Revisit job sites as often as necessary beyond minimum services specified to correct deficiencies to satisfaction of ENGINEER. 3.04 ACCEPTANCE TEST A. Upon completion of the installation of each valve actuator, an acceptance test will be conducted, as per the manufacturer's recommendation, to verify the satisfactory operation Item 18 1850-001-01 OCTOBER 2016 15115 Page 9 of 9 VALVES, PRESSURE REDUCING VALVE and performance of each actuator. B. The test shall be conducted in a manner approved by and in the presence of the ENGINEER. The equipment and piping will be completely checked for leakage, general operation, etc. END OF SECTION Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 APPENDIX A PRE-SELECTED EQUIPMENT PROPOSAL Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Pre-selected equipment proposal to be provided by Addendum Item 18 THIS PAGE INTENTIONALLY LEFT BLANK Item 18 Page 1 of 2 To: Mayor and Town Council From: Steve Glass, P.E. Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon awarding Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to construction services to make asphalt pavement repairs; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: The Town has experienced pavement failures on sections of Prosper Trail east of Coit Road, Frontier Parkway near the west entrance of Frontier Park, and First Street between Dallas North Tollway and BNSF Railroad. Since the magnitude of the repairs were too great for staff to repair, specifications were created and this work was competitively bid. On October 14, 2016, at 3:00 PM, two bids were opened for the Town of Prosper Bid No. 2017-07-B Prosper Road Improvement Project 2017 – Miscellaneous Asphalt Repairs. The verified bid totals from the two bidders were $51,758.38 from SPI Asphalt, LLC, and $51,784.00 from Quality Excavation, LTD, SPI Asphalt, LLC, being the low bidder at $51,758.38. Under this contract, the contractor will reconstruct the affected portions of Prosper Trail, Frontier Parkway, and First Street by removing the existing asphalt full depth, compacting the sub grade, installing 3” of Type B Asphalt Base, and finishing with 2” of Type D Asphalt. On Prosper Trail, SPI Asphalt, LLC, will include one course Chip Seal to match the existing surface. In regards to complaints of increased road noise and ride-ability on Prosper Trail between Coit Road and Custer Road due to the Chip Seal, while the road noise will decrease as the surface wears, the following options could be considered: 1.1-1/2” Asphalt overlay full length of Prosper Trail $ 369,409.00 2.Total Reconstruction $1,313,156.00 3.Asphalt Slurry $ 196,614.00 Please note that staff does not recommend option 3 due to the 8-hour cure time required for this product. Also, note that the asphalt repairs proposed above will still be required if option 1 or 3 is chosen. If option 1 or 2 is desired, staff will have to secure funding and bid as a separate project. Prosper is a place where everyone matters. PUBLIC WORKS Item 19 Page 2 of 2 Delays are expected with single lane closures. Staff will coordinate with the Prosper Fire Chief and Prosper Dispatch to inform them of the current roadway condition. The contract specifies a substantial completion time of 30 calendar days. Budget Impact: The low bid was $2,378.38 over the Engineer’s estimate and approximately $6,758.38 over current funding. The current budget for this project of $45,000.00 will be funded from the 2017 Bond 750- 6610-10-00 and the remaining $6,758.38 from the Streets Department FY 2016-2017 Budget Account 100-5480-50-01 (Contract Services). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to construction services to make asphalt pavement repairs; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair, to SPI Asphalt, LLC, related to construction services to make asphalt pavement repairs; and authorize the Town Manager to execute a construction agreement for same Item 19 Item 19 TOWN OF PROSPER BID TABULATION SUMMARY Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair Bid Opening: 10/14/2016 at 3:00 PM Grand Total SPI Asphalt, LLC $ 51,758.38 Quality Excavation, LTD. $ 51,784.00 Certified By: January M. Cook, CPPO, CPPB Date: 10/17/2016 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 19 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PROSPER ROAD IMPROVEMENT PROJECT 2017 BIDDING ONLY MISCELLANEOUS ASPHALT REPAIRS BID NO. 2017-07-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Kenneth Dugger, Place 2 Meigs Miller, Place 4 Mike Davis, Place 5 Harlan Jefferson, Town Manager Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR 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 ............................................................................................. ..27  PAYMENT BOND.......................................................................................................... 30  MAINTENANCE BOND ................................................................................................. 33  GENERAL CONDITIONS .............................................................................................. 36  SPECIAL CONDITIONS ................................................................................................ 53  TECHNICAL SPECIFICATIONS ................................................................................... 54  Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 2 LEGAL NOTICE The Town of Prosper is accepting sealed bids for Bid No. 2017-07-B Prosper Road Improvement Project 2017 - Miscellaneous Asphalt Repair. Bids will be accepted until 3:00 P.M. on October 14, 2016 at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following this time. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of reconstruct asphalt roads, including removing existing asphalt, preparing sub base and installing hot mix asphalt, and installing a one-course chip seal on Prosper Trail only repairs. Project locations are: Prosper Trail, starting at Coit Road to Custer Road, and Frontier Parkway, near the Frontier Park and First Street. Each bid submitted shall be accompanied by a cashier's check in the amount of five percent (5%) of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Bidder will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful bidder shall furnish performance and payment bonds in the amount of 100% of the contract amount as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful bidder shall also furnish a Maintenance Bond in the amount of 10% of the contract sum covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper, 121 W. Broadway, Prosper, TX 75708, 927-569-1018 without charge. These documents may be acquired from that office for the non-refundable purchase price of $10 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be emailed directly to January Cook, CPPO, CPPB, Purchasing Agent, at january_cook@prospertx.gov. Friday, October 7, 2016 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 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 3 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 3:00 P.M. on Friday, October 14, 2016. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) original and one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and Bid No. 2017-07-B Prosper Road Improvement Project 2017 Miscellaneous Asphalt Repair. 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following the bid deadline. 5. Bidding Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge or obtained for the non-refundable purchase price of $10 per set at the following location: Town of Prosper 121 West Broadway Prosper Texas 75078 972-347-9969 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 October 7, 2016 at 12:00 P.M. will be the deadline for receipt of questions and requests for clarifications. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 19 Item 19 Item 19 Item 19 Item 19 Item 19 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR 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. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 – MISCELLANEOUS ASPHALT REPAIR 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 11 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 ______ copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ 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 19 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR 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 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 13 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between SPI Asphalt, LLC, a Texas corporation, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 – MISCELLANEOUS ASPHALT REPAIR in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 14 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Bid Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Fifty-One Thousand Seven Hundred Fifty-Eight Dollars and Thirty-Eight cents ($51,758.38). 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 30 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 15 CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB- CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 16 the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR Town of Prosper Attn: Purchasing Agent 121 W. Broadway P.O. Box 307 Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 17 (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 18 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 19 of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 20 (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for performance and payment bonds applicable to the work in the amount of the total bid price. The Contractor shall also procure and pay for a maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 21 H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 22 c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 23 L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 24 Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 25 Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. SPI ASPHALT, LLC TOWN OF PROSPER, TEXAS Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 26 By: By: HARLAN JEFFERSON Title: Title: TOWN MANAGER Date: Date: Address: 8565 Thompson Rd. Justin, Texas 76247 Phone: (940) 393-3829 Fax: Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 27 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. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 – MISCELLANEOUS ASPHALT REPAIR in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 28 year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 29 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 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 30 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the __________ 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. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 – MISCELLANEOUS ASPHALT REPAIR NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 31 any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 32 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 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 33 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (ten percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the _____ 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. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 – MISCELLANEOUS ASPHALT REPAIR in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 34 that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 35 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 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 36 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: CALENDAR DAY: Any days of the week or month, no days being excepted. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 37 WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 38 shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 39 The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 40 being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 41 (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 42 this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 43 the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 44 (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: (f) GC.07 Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.08 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 45 own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 46 materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.09 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 47 hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.10 MEASUREMENT AND PAYMENT: (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 48 work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in- place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. The 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. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 49 GC.11 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 50 all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.12 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 51 CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 52 balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such 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 Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 53 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. SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR The Special Conditions supplement the General Conditions and the Standard Specifications and take precedence over any conditions or requirements of the General Conditions and the Standard Specifications with which they are in conflict. SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: ENGINEER: The Engineer of Record as shown on the Construction Drawings: Frank E. Jaromin P.E, Town of Prosper, Texas, or his designee. Item 19 BID NO. 2017-07-B PROSPER ROAD IMPROVEMENT PROJECT 2017 - MISCELLANEOUS ASPHALT REPAIR PAGE 54 TECHNICAL SPECIFICATIONS Technical Specifications: o Special Instructions o Storm Water Pollution Plan SW3P o Chip Seal Specification o Asphalt Removal Locations o Miscellaneous Asphalt Repair List Item 19 PROSPER ROAD IMPROVEMENT PROJECT 2017 MISCELLANEOUS ASPHALT REPAIR BID NO. 2017-07-B 1.00 SPECIAL INSTRUCTIONS 1.01 WORK INCLUDED Furnish labor, materials, equipment, testing and incidentals necessary to perform operations in connection with the reconstruction of asphalt paving. Roadways will remain open to traffic during actual construction. ANTICPATED PROCEEDURE A. Remove existing 6-inch asphalt failures, compact subgrade of existing road base or remove and replace road base as required by Town Inspector. B. Install new 3” Type B asphalt and 2” Type D asphalt at locations shown. C. Install one course chip seal. Only Prosper Trail repairs) D. Pull shoulders with top soil (no rocks or asphalt). E. Prior to the start of construction, the Contactor shall submit a traffic control plan for approval by the Town. Moving lane closure is to be expected. Contractor shall work from 9 A.M. to 3 P.M. on Prosper Trail. F. All work shall conform to TxDOT Standards. G. No Cores to be required. H. Quantities are for bidding only, in place quantities will be paid. 1.02 TRAFFIC CONTROL SIGNAGE The contractor shall install and maintain all required signage and shall comply with Texas Department of Transportation (TXDOT) Standards. The Contractor shall supply the Town with a Traffic Control plan prior to work. 1.03 RESIDENTS MEETING There could be an evening meeting to discuss this work with the residents. The Contractors Superintendent will be required to be present at this meeting to discuss process and what to expect. 1.04 ACCESS TO THE PROJECT The contractor will be expected to help the residents with trash pick up. When access is not availably the contractor will notify the residents prior to restricting access. Access will be maintained to all areas. During in raining weather the contractor shall provide manpower, materials, and equipment to maintain driveways and intersections. END OF SECTION Item 19 SW3P-1 SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN Item 19 SW3P-2 SECTION SW3P STORM WATER POLLUTION PREVENTION PLAN 1. The Contractor will be required to provide a separate Storm Water Pollution Prevention Plan. The Erosion Control Plans included in the construction plans will not be considered a Storm Water Pollution Prevention Plan. 2. The Contractor will be required to submit a Storm Water Pollution Prevention Plan (SW3P) to the Town of Prosper for this project, before the Notice to Proceed will be granted. The SW3P shall comply with the regulations established by the Texas Commission on Environmental Quality (TCEQ). 3. The Contractor will be required to submit all appropriate forms, including the NOI and NOT, as well as being responsible for producing and submitting all inspection reports throughout the duration of the project to the TCEQ and the Town of Prosper. The Contractor will be responsible for submitting the NOI and NOT on behalf of the Town of Prosper, including all fees associated with these forms. The Contractor shall submit two (2) copies of all NOIs, and proof of payment of NOIs, to the Town of Prosper before the Notice to Proceed will be granted. Payment: Payment for this work shall be considered subsidiary to the pay items. Item 19 CHIP SEAL SPECIFICATION DESCRIPTION The Contractor shall furnish all labor, equipment, material, supplies, environmental protection, no parks, raised markers, signage, traffic control, secondary sweeping, and other incidentals necessary to provide a single application of ACP emulsified asphalt, cover coat aggregate seal to an existing roadway surface. MATERIALS Emulsion: The emulsified asphalt shall conform to Texas Department of Transportation standards with a minimum rate of 0.34 gallons/square yard. Cover Coat Material: The chip or cover coat aggregate shall be washed, hard, durable, clean rock and free from coatings or deleterious material. All of the aggregate shall be crushed with 100% fractured faces. The aggregate shall have maximum loss of 20% when tested with the LA Abrasion procedure as defined by AASHTO T96. The maximum amount of flat and elongated aggregate with a ratio of 3:1 shall not exceed 12% as determined by ASTM D4791. Only one source of aggregate shall be used and shall conform to the following gradations. Coverage shall be 90 – 100 square yards /Cubic yard of material. It will be the contractor’s responsibility to provide enough coverage so not to leach. CONSTRUCTION REQUIREMENTS Equipment: The size and condition of all equipment shall be approved prior to construction. Should equipment be unsatisfactory for whatever cause, the Contractor shall remove and replace the equipment without delay or cost. The equipment shall conform to the following minimum requirements. Bituminous Distributor: A minimum of two like distributors shall be used on this project. The distributors shall be self-powered and capable of providing a uniform application rate of emulsion varying from .05-1.00 gallons per square yard over a variable width up to twenty feet in a single pass. The uniformity of the distributors shall not vary by more the two-hundredths gallons per square yard. The distributors shall be equipped with a variable power unit for the pump and full circulation spray bars, which are adjustable laterally and vertically. The nozzle angle and bar height shall be set to provide one hundred percent of double coverage in a single pass. Where multiple passes will be required to complete the full width, the four inches adjacent to the second pass may be left with fifty percent coverage so that the next pass will complete the full application rate specified. Distributors shall be self-powered and include a computerized application controls, a tachometer, pressure gauges, accurate volume devices, calibrated tank, and a thermometer for measuring temperatures of the emulsion in the tank. Item 19 Aggregate Spreader: The aggregate spreader shall be self-propelled and supported by at least four tires on two axles capable of providing a uniform application rate of aggregate from five to fifty pounds per square yard over a variable width up to 20 feet in a single pass. The uniformity of this machine shall not vary by more than one pound per square yard. The aggregate spreader shall be equipped with the means of applying the cover coat material to the surface with computerized application controls so that the required amount of material will be deposited uniformly over the full width of the bituminous material. A computer rate controlled aggregate spreader shall be required. Rollers: A minimum of two self-propelled pneumatic tired rollers shall be used on the project unless otherwise requested by the Project Manager. The rubber tired rollers shall have a gross load adjustable to apply 200 – 250 pounds per inch of rolling width. Tire pressure shall be specified for the pneumatic tire rollers and shall not vary more than plus or minus 5.0 psi. Depending on the speed of the Chip Seal operation and the width of coverage, additional rollers may be required. At no time shall the rollers travel more than 10 miles per hour. Sweepers: A minimum of two vacuum designed sweepers having only negative air pressure at the road surface capable of removing excess aggregate and debris material shall be used on this project. The body hoppers of the vacuum sweepers shall be a minimum capacity of ten cubic yards, and the negative air pressure at the intake shall be rated at 46 inches of negative water pressure. Sweepers shall meet applicable U.S. Environmental Protection Agency Standards. No mechanical pick-up brooms will be allowed on the project. Any areas adjacent to the project where a vacuum broom cannot access, shall be removed by the use of a blow pack. No mechanical pick-up brooms will be allowed on the project. Weather Limitations: The Chip Seal shall not be applied when the pavement is moist, or when the weather is or may be detrimental. Detrimental weather is defined as rain showers, cool temperatures, moist pavements, threat of rain showers, or other environmental factors which could affect the performance of the Chip Seal construction. No Chip Seal shall be applied if either the pavement or air temperature is below 55°F (10°C) and falling, but may be applied when both pavement and air temperatures are above 50°F (7°C) and rising. EXECUTIONOF THEWORK Surface Preparation: The Contractor shall be responsible for all measures required providing a thoroughly clean and dry pavement surface including vegetation removal and sweeping prior to the Chip Seal application. The Contractor shall observe the condition of the pavement prior to bidding to determine the work necessary to provide a clean, dry pavement for construction and shall include the work necessary in the bid. Application of Bituminous Materials: The application of the emulsion shall be performed by means of a pressure distributor in a manner to achieve a uniform and continuous spread over the asphalt surface. The temperature of the emulsion shall be a minimum of 160° F. The quantity of emulsion per square yard shall be as specified herein and agreed upon with the Project Manager. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. Repairs shall be made immediately after deficiencies are noted and prior to the aggregate placement at all times during construction. The width of the emulsion application shall be no greater than the width of the aggregate spreader except where additional passes are required then the emulsion shall be four inches beyond the aggregate spread at a Item 19 fifty percent application rate. At no time shall the emulsion be allowed to break, chill, setup, harden, or otherwise impair the aggregate retention before the aggregate has been properly applied and rolled. Application of Cover Coat Aggregate: The aggregate shall be applied immediately following the emulsion application by the approved aggregate spreader. The quantity of cover coat aggregate per square yard shall be specified herein and agreed upon with the Project Manager. The Contractor, prior to start of work, shall calibrate the aggregate spreader to achieve the design application rate of the cover coat aggregate. Spreading shall be accomplished in such a manner that the tires of the trucks and aggregate spreader never contact the newly applied bituminous material. The width of the aggregate spreader shall be equal to the width of the emulsion spread, except where additional passes are required. Areas, which are deficient in aggregate, shall be covered immediately with additional material. Rolling: Initial rolling shall begin immediately after the application of cover coat aggregate. Rollers shall work in tandem and complete a minimum of three passes with a sufficient overlap. Should the rolling operation be delayed, the aggregate and emulsion spreading shall be halted until the operation regains proper sequencing and timing. The maximum speed of the rolling operations shall be 10 miles per hour. Sweeping and Fog Seal: Within 24 hours of curing, excess aggregate shall be swept from the roadway and adjacent areas. Excess aggregate that is clean may be stockpiled and re-used in subsequent locations at the discretion of the Project Manager. 48 hours after the initial sweeping an application of Fog Seal shall be applied to all areas chip sealed. The polymer modified Fog Seal or approved equal emulsion shall be diluted 40 percent with water. The application rate shall vary between 0.08 and 0.12 gallons per square yard as deemed necessary by the Contractor and Project Manager. Traffic Control: A traffic control plan approved by Project Manager will be required before any work commences. Temporary raised pavement markers will be installed as needed, at a minimum of 40’spacing, the cost of signage, markers and traffic control necessary to complete this project shall be included in the unit price of the Chip Seal. Adjacent to the project no more than two weeks prior to the anticipated start of construction. A local telephone number will be located on the flyer and manned 24/7 until the contract is completed. The cost of public notification shall be included in the unit price of the Chip Seal. Method of Measurement & Payment: The Chip Seal shall be measured and paid for by the square yard sealed and accepted by the owner. Payment shall be full compensation for the Chip Seal work completed in accordance with the above specifications. Item 19 Item 19 Item 19 Item 19 Item 19 Item 19 Item 19 Length Width Square Yards 1 Prosper Trail 12 5 6.7                         2 Prosper Trail 5 5 2.8                         3 Prosper Trail 10 4 4.4                         4 Prosper Trail 55 13 79.4                       5 Prosper Trail 60 8 53.3                       Total 146.7                     1 Frontier 65 13 93.9                       2 Frontier 65 7 50.6                       3 Frontier 110 4 48.9                       1 First Street 20 7 15.6                       2 First Street 25 8 22.2                       Total 231.1                     Miscellaneous Asphalt Repairs Item 19 Page 1 of 3 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon an amendment to the Capital Improvement Plan. Description of Agenda Item: The proposed amendment to the Capital Improvement Plan includes the following recent project changes: Street Projects: At the April 26, 2016, Town Council meeting, a construction services agreement for Prosper Road Improvements Project 2016 – Fishtrap Road (Dallas North Tollway to Teel Road) and First Street (Coit Road to Custer Road) was approved. The total bid award for the cost for the improvements was $1,990,254; however, additional expenditures in the amount of $63,193.32 are needed to finalize three (3) change orders on the projects. Change Order Number 1, in the amount of $6,606.90, was for the replacement of existing asphalt pavement east of Dallas North Tollway (DNT) at Fishtrap Road due to pavement failures and was planned to be funded from the FY 2015-2016 Street Division Budget. However, these expenditures were not paid to the contractor before the end of the FY 2016 fiscal year. Change Order Number 2, in the amount of $15,774.44, was for the addition of a free southbound right turn lane for eastbound Fishtrap Road at the Dallas North Tollway and is to be funded from the FY 2016-2017 Street Division Budget. Since both Change Order Number 1 and Number 2 were under $25,000, they were previously approved by the Town Manager. Change Order Number 3, in the amount of $40,811.98, is a reconciliation change order to pay for the difference between bid quantities and actual quantities installed. Additional quantities were required to reconstruct First Street west of Town Lake Boulevard 174 feet to connect to Coit Road, which has recently been completed, as well as an overrun in concrete quantities at DNT and Fishtrap Road. It was anticipated that savings from the section of Fishtrap Road would provide adequate cost savings to pay for Change Order 3, but final quantities did not provide the necessary savings. At the end of FY 2015-2016, the Street Division Budget had a balance of over $100,000, so Change Order Number 3 is proposed to be funded by the FY 2015-2016 Street Division Budget. In order to fund Change Order Number 1 and Number 3 from the FY 2015-2016 Street Division Budget, a FY 2015-2016 Budget Amendment on the December 13, 2016, Town Council agenda, includes the $47,422, funds necessary from the remaining balance of over $100,000, in the FY 2015- 2016 Street Division Budget. ENGINEERING Prosper is a place where everyone matters. Item 20 Page 2 of 3 Facility Projects: On June 9, 2015, the Town Council approved an architectural and engineering design services agreement with Randall Scott Architects for a Town Hall/Multi-Purpose Facility. The initial design services fee of $1,404,146 was based on a preliminary budget of $14,000,000 for the construction of the facility, on-site parking, contingency and escalation. As part of the agreement, if the costs for the facility, on-site parking, contingency and escalation exceed the $14,000,000, then the design services fees will be increased at a percentage of 8.9% times the increased amount of the construction costs exceeding $14,000,000. At the January 26, 2016, Town Council meeting, the construction cost of the facility, on-site parking, contingency and escalation was approved at $18,502,094. On May 10, 2016, the Town Council approved an incremental design services fee increase of $311,500, based on a $17,500,000, estimate to provide the architect with the ability to receive payments for services rendered. It was stated in that CIP Amendment that once the Town receives the Guaranteed Maximum Price (GMP) from Pogue Construction, the final design services fees will be calculated and adjustment made to the budget. With a GMP of $19,597,691 being approved at the November 29, 2016, Special Town Council meeting, the proposed additional design services fee is $179,195, based on the increase in approved construction costs of $2,097,691, and includes an additional $7,500 fee, for optional design services for the structural slab foundation. The increase of $179,195 will be funded from Account # 750-6610-10-00-1402-FC, and the additional funding to pay for the additional design services fee will be shown on the CIP to be sold in FY 2016-2017. However, according to the Town’s recently approved Fund Balance Policy, the Town will look to spend unassigned resources out of the Fund Balance first to defer the use of other classified funds, if determined to be in the Town’s best interest. In addition to the increase in funding for the design services fee based on the approved GMP, additional funding for the construction of the Town Hall/Multi-Purpose Facility project is included in the proposed amendment. The increase in construction funding is $784,691 and represents the net increase from the existing funding amount in the CIP of $18,813,000, the approved GMP of $19,597,691. In addition, there is an approved 2% project contingency of $392,000 which results in a total increase of $1,176,691 to the project budget which will be funded from Account # 750-6610-10-00-1601-FC. This funding will be shown on the CIP to be sold in FY 2018-2019. However, according to the Town’s recently approved Fund Balance Policy, the Town will look to spend unassigned resources out of the Fund Balance first to defer the use of other classified funds, if determined to be in the Town’s best interest. Item 20 Page 3 of 3 Budget Impact: Staff proposes to increase funding allocations for the following projects. Project Type Description Current Proposed Difference •Street Projects: First Street (Townlake - Custer) General Fund (Other) FY 2015-2016 0 47,422 +47,422 First Street (Townlake - Custer) General Fund (Other) FY 2016-2017 15,774.44 0 0 •Facility Projects: Town Hall – Professional Services Unissued Debt Unauthorized FY 2016-2017 411,500 590,695 +179,195 Town Hall – Construction Unissued Debt Unauthorized FY 2018-2019 4,638,000 5,814,691 +1,176,691 Attached Documents: 1.CIP Amendment Town Staff Recommendation: Town staff recommends that the Town Council approve an amendment to the Capital Improvement Plan. Proposed Motion: I move to approve an amendment to the Capital Improvement Plan. Item 20 To t a l Is s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t Au t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 16 1 1 - S T F i r s t S t r e e t ( T o w n l a k e - C u s t e r ) 67 0 , 0 0 0 67 0 , 0 0 0 67 0 , 0 0 0 16 1 1 - S T F i r s t S t r e e t ( T o w n l a k e - C u s t e r ) 71 7 , 4 2 2 1 5 , 7 7 4 73 3 , 1 9 6 63 , 1 9 6 D 67 0 , 0 0 0 Fu n d i n g S o u r c e s To t a l O t h e r I s s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 5 - 2 0 1 6 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 C o s t S o u r c e s A u t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 5 14 0 2 - F C To w n H a l l - P r o f e s s i o n a l S e r v i c e s 25 0 , 0 0 0 1 , 3 0 0 , 0 0 0 3 1 1 , 5 0 0 1, 8 6 1 , 5 0 0 1, 4 5 0 , 0 0 0 411,500 1 , 2 5 0 , 0 0 0 4 1 1 , 5 0 0 14 0 2 - F C To w n H a l l - P r o f e s s i o n a l S e r v i c e s 25 0 , 0 0 0 1 , 3 0 0 , 0 0 0 4 9 0 , 6 9 5 2, 0 4 0 , 6 9 5 1, 4 5 0 , 0 0 0 590,695 1 , 2 5 0 , 0 0 0 5 9 0 , 6 9 5 16 0 1 - F C To w n H a l l - C o n s t r u c t i o n 18 , 8 1 3 , 0 0 0 18 , 8 1 3 , 0 0 0 18,813,000 9 , 1 7 5 , 0 0 0 5 , 0 0 0 , 0 0 0 4 , 6 3 8 , 0 0 0 16 0 1 - F C To w n H a l l - C o n s t r u c t i o n 19 , 5 9 7 , 6 9 1 3 9 2 , 0 0 0 19 , 9 8 9 , 6 9 1 19,989,691 9 , 1 7 5 , 0 0 0 5 , 0 0 0 , 0 0 0 5 , 8 1 4 , 6 9 1 A I m p a c t F e e s B G r a n t a n d I n t e r l o c a l F u n d s C D e v e l o p e r A g r e e m e n t s D G e n e r a l F u n d E W a t e r / W a s t e w a t e r F u n d F S t o r m w a t e r D r a i n a g e F u n d G P a r k D e v e l o p m e n t F u n d H T I R Z # 1 J T I R Z # 2 K E s c r o w s X N o n - C a s h C o n t r i b u t i o n s Z O t h e r S o u r c e s ( S e e D e t a i l ) Fa c i l i t y P r o j e c t s Ot h e r So u r c e s Funding Sources Index 01 Su m m a r y o f C a p i t a l I m p r o v e m e n t A m e n d m e n t - 1 2 / 1 3 / 1 6 De s c r i p t i o n C o d e s - O t h e r S o u r c e s Ge n e r a l F u n d P r o j e c t s Index St r e e t P r o j e c t s Item 20 Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of thoroughfares to serve the Star Trail development. Description of Agenda Item: Blue Star Development Corporation is developing Star Trail and in order for the development to occur, they will be required to extend several thoroughfares as depicted on the Town of Prosper Thoroughfare Plan. Since the proposed thoroughfares are depicted on the Town of Prosper Thoroughfare Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of roadway fees collected from the development. Blue Star Development Corporation and the Town agree that the northern lanes of Fishtrap Road and a portion of Shawnee Trail, as depicted in Exhibit E of the Roadway Impact Fees Reimbursement Agreement, shall not be required to be constructed by Blue Star Development Corporation if the construction costs exceed the anticipated roadway impact fee reimbursement. The purpose of the Roadway Impact Fees Reimbursement Agreement is to outline the obligations of the Town of Prosper and Blue Star Development Corporation, related to the design, construction, and reimbursement of collected roadway impact fees to fund the projects. Budget Impact: Today’s estimated cost for the design and construction of all of the anticipated thoroughfares is $6,315,000. The current anticipated roadway impact fees owed by the Star Trail development are $6,969,490. To comply with the terms of two existing Impact Fee Credit Agreements associated with past dedications of right-of-way for the Dallas North Tollway, any roadway impact fees collected within the existing Impact Fee Credit Agreements areas will be reimbursed to Blue Star Development and deducted from the combined total original amount of the credit outlined in the Impact Fee Credit Agreements, which is $1,553,310. Based on current roadway impact fees, the estimated amount of credit is $454,694. If after ten years there still exists a balance of reimbursements due, the Town will reimburse Blue Star Development Corporation from applicable roadway impact fee funds. Prosper is a place where everyone matters. ENGINEERING Item 21 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Blue Star Development Corporation will contribute $5,000 towards the legal preparation fees. Attached Documents: 1.Town of Prosper Thoroughfare Plan 2.Roadway Impact Fees Reimbursement Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of thoroughfares to serve the Star Trail development. Proposed Motion: I move to authorize the Town Manager to execute a Roadway Impact Fees Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of thoroughfares to serve the Star Trail development. Item 21 Town of Prosper Thoroughfare Plan – StarTrail Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Item 21 Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 13, 2016 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Sanitary Sewer Construction Costs Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of a sanitary sewer line to serve the Star Trail development. Description of Agenda Item: Blue Star Development Corporation is developing Star Trail and in order for a portion of the development to occur, they will be required to extend a sanitary sewer line as depicted on the Town of Prosper Thoroughfare Plan. The portion of sanitary sewer line proposed to be constructed is also a part of the Town’s CIP Project No. 1607-WW (Public Works Interceptor). Since the proposed sanitary sewer line is depicted on the Town of Prosper Wastewater System Capital Improvement Plan, the actual costs for the design and construction of the improvements are eligible for reimbursement of wastewater impact fees collected from the development. However, since the development already has an existing Wastewater Impact Fees Reimbursement Agreement, and the portion of sanitary sewer line to be constructed is part of the Public Works Interceptor project, the purpose of the Sanitary Sewer Construction Costs Reimbursement Agreement is to outline the obligations of the Town of Prosper and Blue Star Development Corporation, related to the design, construction, and reimbursement by the Town through existing funds once the project is completed and accepted. Budget Impact: The estimated cost for the design and construction of the sanitary sewer line to serve the Star Trail development is $100,000. There is currently $800,000 in Wastewater Impact Fees allocated to the Town’s CIP Project No. 1607-WW (Public Works Interceptor) project that will be used to reimburse Blue Star Development Corporation once the sanitary sewer line is completed and accepted. The remaining funds in the Public Works Interceptor project are needed to complete the rest of the sanitary sewer line extension from the end of this project to the Public Works site. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality. Blue Star Development Corporation will contribute $5,000 towards the legal preparation fees. Prosper is a place where everyone matters. ENGINEERING Item 22 Page 2 of 2 Attached Documents: 1. Town of Prosper Wastewater System Capital Improvement Plan 2. Sanitary Sewer Construction Costs Reimbursement Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Sanitary Sewer Construction Costs Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of a sanitary sewer line to serve the Star Trail development. Proposed Motion: I move to authorize the Town Manager to execute a Sanitary Sewer Construction Costs Reimbursement Agreement between Blue Star Development Corporation and the Town of Prosper, Texas, related to the extension of a sanitary sewer line to serve the Star Trail development. Item 22 Town of Prosper Wastewater System Plan – StarTrail Item 22 Item 22 Item 22 Item 22 Item 22 Item 22 Item 22 Item 22 Item 22 Item 22 Item 22