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04.28.20 Town Council Regular Meeting Packet Page 1 of 353 ] Prosper is a place where everyone matters. Notice Regarding Public Participation Governor Greg Abbott has granted a temporary suspension of certain rules to allow for telephone or videoconference public meetings in an effort to reduce in-person meetings that assemble large groups of people, due to the COVID-19 public health emergency. Individuals may access the Prosper Town Council meeting videoconference, or telephone conference call. Join the Zoom Meeting by clicking on the following link: https://zoom.us/j/96966785332 Enter Meeting ID: 96966785332 To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.” The meeting moderator will acknowledge your request and allow you to speak. To join the meeting by phone, dial (346) 248-7799 Enter Meeting ID: 96966785332 To request to speak, enter *9, and *6 to mute/unmute yourself. The meeting moderator will acknowledge your request and allow you to speak. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may either address the Council during the Citizen Comments portion of the meeting or when the item is considered by the Town Council. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. 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. 1. Consider and act upon the minutes from the April 14, 2020, Town Council Meeting. (ML) Agenda Prosper Town Council Meeting Tuesday, April 28, 2020 5:45 PM - Page 1 - Page 2 of 353 2. Consider and act upon an ordinance extending a local state of disaster due to a public health emergency. (RB) 3. Consider and act upon a resolution authorizing the placement of orders for the purchase of replacement vehicles in FY 2020-2021 to realize current incentives related to said purchase with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2020-2021. (BP) 4. Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. (BP) 5. Consider and act on a resolution repealing Resolution No. 14-04 in regard to Neighborhood Empowerment Zone Number 2. (JW) 6. Consider and act on an ordinance amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances regarding the allowance of changeable electronic message board signs and other illuminated signs for real estate signs in residential areas including definitions, regulations, and restrictions. (JW) 7. 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) 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 submit it to the Town Secretary prior to the meeting, or request to address the Council via videoconference or telephone. REGULAR AGENDA: Items for Individual Consideration: 8. Consider and act upon an ordinance of the Town of Prosper, Texas amending Chapter 13, “Utilities,” of the Town’s code of ordinances, by adding thereto a new Section 13.07.009, “No Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund” and authorizing the Town Manager to enter into a Memorandum of Understanding with Cornerstone Assistance Network of North Central Texas. (CS) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign District-5 (SPSD-5), regarding Unified Development and Monument Sign regulations, in Windsong Ranch Marketplace, located on the northeast corner of US 380 and Gee Road. (AG) 10. Consider and act upon awarding CSP No. 2020-54-B to Durable Specialties, Inc., related to construction services for the Fishtrap Road and Teel Parkway Traffic Signal project; and authorizing the Town Manager to execute a construction agreement for same. (PA) - Page 2 - Page 3 of 353 11. Consider and act upon awarding Bid No. 2020-41-B to McMahon Contracting LP, related to construction services for the Victory Way project; and authorizing the Town Manager to execute a construction agreement for same. (PA) 12. Consider and act upon awarding Section 1 of Bid No. 2020-40-B to Reliable Paving, Inc., related to construction services for the Coit Road and US 380 SB Right Turn Lane project; and authorizing the Town Manager to execute a construction agreement for same. (PA) 13. Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget) and Capital Improvement Plan. (BP) 14. Consider and act upon a request to waive the Town’s Drainage System Design Requirements for a wet or underground detention pond for the detention pond on the Rhea Mill’s Baptist Church Tract with new expansion. (DH) 15. Consider and Act upon on approving the Preferred Downtown Scenario and the Town Hall Open Space Master Plan. (DR) 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: Section 551.087 – To discuss and consider economic development incentives. 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. Section 551-074 - To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss and review the Town Manager's performance evaluation. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, April 24, 2020, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Melissa Lee, Town Secretary Date Notice Removed - Page 3 - Page 4 of 353 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 4 - Page 1 of 5 ] Prosper is a place where everyone matters. Call to Order/ Roll Call. The meeting was called to order at 5:52 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Marcus E. Ray Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Terry Welch, Town Attorney Melissa Lee, Town Secretary Robyn Battle, Executive Director of Community Services Chuck Springer, Executive Director of Administrative Services Leigh Johnson, Director of Information Technology Betty Pamplin, Finance Director Hulon Webb, Engineering Services Director January Cook, Purchasing Manager Pete Anaya, Assistant Director of Engineering Services – Capital Projects John Webb, Development Services Director Alex Glushko, Planning Manager Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Dudley Raymond, Director of Parks and Recreation Dan Heischman, Assistant Director of Engineering Services Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Mayor Ray Smith led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. The Prosper Town Hall and the Prosper Gateway Monument will be illuminated in blue for the duration of the Town of Prosper Disaster Declaration in support of all of the healthcare workers and first responders who continue to work tirelessly during the coronavirus public health emergency. The Town Council commends those who have dedicated their time, talent, and compassion to helping those in need during this crisis. Minutes Prosper Town Council Meeting Tuesday, April 14, 2020 - Page 5 - Item No. 1. Page 2 of 5 The Prosper Community Library and the Prosper Parks and Recreation Department invites the public to participate in virtual storytimes, online exercise classes, photo challenges, and other activities while staying at home. A variety of classes and activities are available for residents who want to stay active and engaged while social distancing. Visit the Library and Parks and Recreation Facebook pages for more details. The Town would like to thank several local businesses who have come forward with donations for first responders and Town staff over the past few weeks. Carpet Tech sanitized police and fire facilities and vehicles; FUSE Workspace and First Baptist Prosper provided meals to first responders; Southern Champion donated five cases of hand sanitizer; and Embroidery House donated 200 face coverings for Town staff. The Town is grateful for these community partners for helping to keep our staff and residents safe. The Police Department is pleased to announce the arrival of a new ATV to be used for special events, and with open-area and off-road police investigations and searches. The new ATV was received through a grant funded by Firehouse Subs. The value of the grant was approximately $20,000. The Prosper Town Council would like to remind everyone to Stay Home and Stay Prosper Strong during the COVID-19 public health emergency by following guidelines for social distancing. Daily updates and information are available on the Town website. Discussion Items. 1. Update on Honor Wall. (DR) Dudley Raymond, Director of Parks and Recreation, presented this item to Town Council. Director Raymond discussed curvature of the wall and location of the badges on the wall. Also discussed, various options for placement of the Honor Wall on the Town Hall lawn. Councilmember Ray commented in light of the current epidemic to make a recommendation to table all non-critical projects to preserve Town resources. Council agreed that future discussion would be necessary to determine which projects were critical and non-critical. 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. 2. Consider and act upon the minutes from the March 24, 2020, Town Council meeting. (ML) 3. Consider and act upon the minutes from the March 31, 2020, Town Council Emergency meeting. (ML) 4. Consider and act upon the minutes from the April 1, 2020, Town Council Emergency meeting. (ML) 5. Receive the February Financial Report. (BP) 6. Consider and act upon Ordinance No. 2020-27 amending Planned Development- 91 (PD-91), for Cook Children’s North Campus, on 23.7± acres, located on the - Page 6 - Item No. 1. Page 3 of 5 northeast corner of US 380 and Windsong Parkway, to modify the concept plans to accommodate an increased hospital size and modified parking. (Z19- 0021) (AG) 7. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Cook Children’s Health Care System and the Town of Prosper, Texas, related to the Cook Children’s North Campus development. (AG) 8. 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) Finance Directory Betty Pamplin and Executive Director of Administrative Services Chuck Springer responded to questions about the Monthly Financial Report, and the impact of COVID-19 on the Town’s budget. The Finance Department will continue to monitor the impacts and provide an update to Council at the May 26, 2020, Town Council meeting. Town Manager Harlan Jefferson stated that the Town has implemented a hiring freeze for non-sworn personnel for now; however, the Town is well-positioned to adjust to the financial impact. After discussion, Councilmember Hodges made a motion and Councilmember Ray seconded the motion to approve all items on the Consent Agenda. The motion was approved by a vote of 7-0. CITIZEN COMMENTS There were no Citizen Comments. REGULAR AGENDA: Items for Individual Consideration: 9. Consider and act upon Ordinance No. 2020-28 creating a program for the revitalization of the Downtown residential areas. (JW) Development Services Director John Webb presented this item before Town Council. The proposed ordinance would replace Neighborhood Empowerment Zone No. 2 (NEZ 2) and provides for the waiver of up to 100% of building permit and any applicable impact fees regarding the construction of new single family housing with the requirement for the property owner to execute a development agreement with the Town. In order to expedite the approval process for a development agreement, the ordinance authorizes the Town Manager to execute the agreement. Councilmember Miller asked about houses currently under construction and if the effective date will go back a period of time or today moving forward. Director Webb replied it would be in effect going forward because of the effective date of the ordinance. Town Attorney Terry Welch responded it would be in effect from this date forward but Council could add to the motion and make it applicable to construction - Page 7 - Item No. 1. Page 4 of 5 starting prior to a certain date. Mayor Pro-Tem Vogelsang asked if this could be amended to a certificate of occupancy issued as of today and going forward. Town Attorney Welch responded yes, Council could move to approve the proposed ordinance to include any single family residential structure that receives a building final or certificate of occupancy. After discussion, Mayor Pro-Tem Vogelsang made a motion, amended to include any single family residential structure that receives a building final or certificate of occupancy, and Deputy Mayor Pro-Tem Dixon seconded the motion to approve Ordinance No. 2020-28 creating a program for the revitalization of the Downtown residential areas. The motion was approved by a vote of 7-0. 10. Discussion on the Town Hall Lobby Art and Stairwell Art projects. (RB) Councilmember Miller made a motion and Councilmember Hodges seconded the motion to table the Town Hall Lobby Art and Stairwell Art projects item indefinitely. The motion was approved by a vote of 7-0. 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: Section 551.087 – To discuss and consider economic development incentives. 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. Section 551.071 - Consultation with the Town Attorney regarding legal issues associated with the Town's sign ordinance, and all matters incident and related thereto. Section 551-074 - To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss and review the Town Manager's performance evaluation. The Town Council recessed into Executive Session at 6:26 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:47 p.m. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. 11. Rotary Flag Program Update. (HJ) Council requested to address this item at a future meeting. - Page 8 - Item No. 1. Page 5 of 5 Adjourn. The meeting was adjourned at 8:48 p.m. on Tuesday, April 14, 2020. These minutes approved on the 28th day of April 2020. APPROVED: Ray Smith, Mayor ATTEST: Melissa Lee, Town Secretary - Page 9 - Item No. 1. Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Executive Director of Community Services Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – April 28, 2020 Agenda Item: Consider and act upon an ordinance extending a local state of disaster due to a public health emergency. Description of Agenda Item: On March 13, 2020, Governor Greg Abbott declared a state of disaster in all Texas counties due to the COVID-19 (coronavirus) public health emergency. On March 16, 2020, Mayor Ray Smith issued a declaration of local state of disaster in the Town of Prosper in conjunction with Collin County, Denton County, and multiple municipalities in north Texas and throughout the state. Since that time, Governor Greg Abbott, Collin County Judge Chris Hill, Denton County Judge Andy Eads, Mayor Ray Smith and the Prosper Town Council have renewed or extended Disaster Declarations on behalf of the state, both counties, and the Town. The Town’s current Ordinance No. 2020-26 extends the Town’s Declaration of Local State of Disaster through April 30, 2020. The proposed ordinance repeals the current ordinance, and extends the Town’s Declaration of Local State of Disaster until such time as the Texas Governor repeals or concludes the state of disaster for the State of Texas. The proposed ordinance is intended to align the Town with the provisions contained in any current or future Executive Orders issued by the Governor regarding the COVID-19 public health emergency. The ordinance authorizes the Town Manager to direct Town staff to work from home or telecommute as needed in order to mitigate the spread of COVID-19. Closures of Town facilities, and the cancellation of Town-sponsored events, programs, and activities may be modified or revoked at the discretion of the Town Manager in an effort to slow the spread of the virus. 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 2. March 16, 2020 Mayoral Declaration of Local State of Disaster Prosper is a place where everyone matters. COMMUNITY SERVICES - Page 10 - Item No. 2. Page 2 of 2 3. March 20, 2020 Extension of Mayoral Declaration of Local State of Disaster 4. March 24, 2020 Extension of Local State of Disaster 5. April 1, 2020 Extension of Local State of Disaster Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance extending a local state of disaster due to a public health emergency. Proposed Motion: I move to approve an ordinance extending a local state of disaster due to a public health emergency. - Page 11 - Item No. 2. Ordinance No. 2020-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, EXTENDING A LOCAL STATE OF DISASTER DUE TO A PUBLIC HEALTH EMERGENCY AND INCORPORATING BY REFERENCE THE APPLICABLE REGULATIONS CONTAINED IN GOVERNOR ABBOTT’S EXECUTIVE ORDER(S); MAKING FINDINGS; REPEALING ORDINANCE NO. 2020-26; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, beginning in or about December 2019, a novel coronavirus, now designated COVID-19, has spread through the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath and, in some cases, the virus has caused death; and WHEREAS, the Town of Prosper is taking extraordinary measures to prevent the spread of this potentially devastating disease in our community; and WHEREAS, the Town of Prosper has established emergency protective measures, mitigation procedures, and emergency response plans for this type of health emergency; and WHEREAS, on or about March 13, 2020, Texas Governor Greg Abbott declared a state of disaster in all Texas counties, and thereafter both Collin County Judge Chris Hill and Denton County Judge Andy Eads have declared a local state of disaster due to a public health emergency; and WHEREAS, on or about Thursday, March 19, 2020, Texas Governor Greg Abbott issued Executive Order GA-08 providing further guidance in addressing COVID-19 preparedness and mitigation; and WHEREAS, on or about Monday, March 16, 2020, Mayor Ray Smith issued a Declaration of Local State of Disaster Due to Public Health Emergency; and WHEREAS, on or about Friday, March 20, 2020, Mayor Ray Smith extended and continued the March 16 Declaration for another seven (7) day period; however, such Extension of Declaration provided that “in the event the Town Council of the Town of Prosper shall declare a local state of disaster, this Extension of Declaration shall expire on its own terms upon the effective date of any Declaration of the Town Council of the Town of Prosper”; and WHEREAS, on or about Tuesday, March 24, 2020, the Town Council adopted Ordinance No. 2020-18 declaring a local state of disaster, which subsequently was repealed by the Town Council; and WHEREAS, on or about Tuesday, March 31, 2020, Texas Governor Greg Abbott issued Executive Order GA-14, repealing Executive Order GA-08, and addressing and providing further for the continuity of essential services and activities during the COVID-19 disaster; and - Page 12 - Item No. 2. Ordinance No. 2020-__, Page 2 WHEREAS, on or about Wednesday, April 1, 2020, the Town Council adopted Ordinance No. 2020-26 extending the local state of disaster through April 30, 2020, and it now is the desire of the Town Council to repeal said ordinance effective as of the date of expiration of the local state of disaster referenced therein; and WHEREAS, on or about Monday, April 27, 2020, Texas Governor Greg Abbott issued another Executive Order, addressing and providing, among others, for the continuity of essential services and activities during the COVID-19 disaster as well as permitting the limited reopening of certain non-essential businesses; and WHEREAS, the Town Council seeks to adopt an ordinance that will extend the local state of disaster, incorporate by reference the various rules and regulations contained in Governor Abbott’s applicable Executive Order(s), and be coterminous with said Executive Orders; and WHEREAS, this Ordinance is adopted pursuant to the authority contained in the Texas Disaster Act of 1975, Section 122.006 of the Texas Health and Safety Code, and the home-rule authority contained in article XI, section 5 of the Texas Constitution; and WHEREAS, nothing in this Ordinance shall prohibit the Mayor from issuing a subsequent Declaration in the event matters not addressed by this Ordinance or applicable Executive Order(s) arise and require immediate action. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Ordinance No. 2020-26, approved by the Town Council on Wednesday, April 1, 2020, is hereby repealed in its entirety, simultaneous with the effective time and date of this Ordinance. SECTION 3 A local state of disaster due to public health emergency is hereby declared and extended for the Town of Prosper, Texas, pursuant to Section 418.108(a) of the Texas Government Code. SECTION 4 Pursuant to Section 418.108(b) of the Texas Government Code, this state of disaster due to public health emergency shall continue from the time of expiration of Ordinance No. 2020-26, and thereafter shall expire on the date in which Texas Governor Greg Abbott repeals or otherwise concludes the state of disaster for the State of Texas, as same may relate to both Collin County and Denton County. - Page 13 - Item No. 2. Ordinance No. 2020-__, Page 3 SECTION 5 Pursuant to Section 418.108(c) of the Texas Government Code, this Ordinance declaring a local state of disaster due to public health emergency shall be given prompt and general publicity and shall be filed promptly with the Town Secretary’s Office. SECTION 6 The Town Manager is granted the continuing authority to direct non-emergency Town personnel to work from home or to otherwise telecommute, as may be required, to mitigate community spread of COVID-19. Closures of Town facilities, and the cancellation of Town- sponsored events, programs, and activities may be modified or revoked at the discretion of the Town Manager. SECTION 7 The Town hereby incorporates by reference, in its entirety, all applicable provisions of Governor Abbott’s Executive Orders to date, including the rules and regulations contained therein, with said rules and regulations terminating at the expiration of said Executive Order(s), as determined by the Governor, as same may relate to both Collin County and Denton County. SECTION 8 This Ordinance hereby authorizes the Town to take any actions necessary to promote health and suppress the virus, including the quarantine of persons and occupied structures, examining and regulating hospitals, regulating ingress and egress from the Town, regulating ingress and egress to occupied structures, and insuring compliance for those who do not comply with the aforementioned Executive Order(s) of the Governor. SECTION 9 This Ordinance hereby authorizes the use of all lawfully available enforcement tools. SECTION 10 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 Council 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 11 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. - Page 14 - Item No. 2. Ordinance No. 2020-__, Page 4 SECTION 12 This Ordinance is adopted in compliance with the Town’s Emergency Management Plan and Section 418.173 of the Texas Government Code. Therefore, any person, firm or corporation violating any of the provisions of this Ordinance commits an offense, punishable by a fine up to $1,000.00, and/or confinement in jail for a term not to exceed 180 days, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 13 This Ordinance shall become effective from and after its passage and publication. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney - Page 15 - Item No. 2. - Page 16 - Item No. 2. - Page 17 - Item No. 2. - Page 18 - Item No. 2. - Page 19 - Item No. 2. - Page 20 - Item No. 2. - Page 21 - Item No. 2. - Page 22 - Item No. 2. - Page 23 - Item No. 2. - Page 24 - Item No. 2. - Page 25 - Item No. 2. - Page 26 - Item No. 2. - Page 27 - Item No. 2. - Page 28 - Item No. 2. - Page 29 - Item No. 2. l j SECTION 10 This Ordinance hereby authorizes the Town to take any actions necessary to promote health and suppress the virus, including the quarantine of persons and occupied structures, examining and regulating hospitals, regulating ingress and egress from the Town, regulating ingress and egress to occupied structures, and insuring compliance for those who do not comply with the Town's rules, pursuant to Section 122.006 of the Texas Health and Safety Code. SECTION 11 This Ordinance hereby authorizes the use of all lawfully available enforcement tools. SECTION 12 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 Council 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 13 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 14 This Ordinance is adopted in compliance with the T awn's Emergency Management Plan and Section 418.173 of the Texas Government Code. Therefore, any person, firm or corporation violating any of the provisions of this Ordinance commits an offense, punishable by a fine up to $1,000.00, or confinement in jail for a term not to exceed 180 days, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 15 This Ordinance shall become effective from and after its passage and publication. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 1ST DAY OF APRIL, 2020. Ray Smith, Mayor Ordinance No. 2020-26, Page 8 - Page 30 - Item No. 2. - Page 31 - Item No. 2. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon a resolution authorizing the placement of orders for the purchase of replacement vehicles in FY 2020-2021 to realize current incentives related to said purchase with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2020-2021. (BP) Description of Agenda Item: The Town entered into a Master Equity Lease Agreement with Enterprise FM Trust on September 25, 2018, to implement a full spectrum fleet management program. Enterprise Fleet program is a turn-key, fully designed program for municipalities to finance and manage the replacement of the Town’s fleet. This program provides the Town a fleet manager that makes recommendations for acquisition of all general fleet vehicles that are vetted through the VERF Subcommittee based on current market conditions, age and use of vehicles, along with maintenance expenses associated with the fleet. This list of replacements was also presented and vetted through the Finance Subcommittee on April 14, 2020. Staff would like to place orders prior to the new fiscal year in order to realize savings by purchasing the current year models rather than newly released 2021 models. Ordering early also allows the Town to be ahead of other entities that will be placing their orders after October 1st, and will in turn offer an earlier delivery of our vehicles. Delivery time is especially important when we are considering the police units which take longer to outfit with after- market equipment. Ordering early should put our police units ahead of the many other entities that will also be waiting on these upgrades and allow us to take possession of the units that much quicker. Enterprise will act on the Town’s behalf in placing orders for these future replacements. Billing will take place after the beginning of the new fiscal year of October 1, 2020, with delivery to occur after such date. This resolution authorizes Enterprise to place such vehicle orders with the full understanding that payment and delivery will occur after October 1, 2020, with payment to be funded from the VERF. The vehicles scheduled for replacement in FY 2020-2021 are listed in Exhibit A of the proposed resolution. Budget Impact: The approval of such vehicles will be budgeted in the VERF Fund in FY 2020-2021. Prosper is a place where everyone matters. FINANCE DEPARTMENT - Page 32 - Item No. 3. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Staff recommends adoption of a resolution authorizing the placement of orders for the purchase of replacement vehicles in FY 2020-2021 to realize current incentives related to said purchase with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2020-2021. Proposed Motion: I move to adopt a resolution authorizing the placement of orders for the purchase of replacement vehicles in FY 2020-2021 to realize current incentives related to said purchase with payment to be made from the Town’s Vehicle Equipment and Replacement Fund (VERF) in FY 2020-2021. - Page 33 - Item No. 3. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AUTHORIZING THE PLACEMENT OF ORDERS FOR THE PURCHASE OF REPLACEMENT VEHICLES IN FY 2020-2021 TO REALIZE CURRENT INCENTIVES RELATED TO SAID PURCHASE WITH PAYMENT TO BE MADE FROM THE TOWN’S VEHICLE EQUIPMENT AND REPLACEMENT FUND (VERF) IN FY 2020-2021; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town previously has established a Vehicle Equipment and Replacement Fund (VERF) to accumulate sufficient resources to replace existing vehicles and equipment when such vehicles and equipment reached or exceeded their useful life; and WHEREAS, the VERF was designed for departments to contribute annual payments to the fund based on the number, type, average life expectancy and the projected replacement cost of the vehicle/equipment; and WHEREAS, on or about September 25, 2018, the Town Council authorized the Town Manager to execute a Master Equity Lease Agreement with Enterprise FM Trust (“Enterprise”) and related documentation to implement a full spectrum fleet management program; and WHEREAS, Enterprise has notified the Town that it now may place orders on certain vehicles to capitalize on current dealer or related incentives for vehicles that are scheduled for replacement in Fiscal Year 2020-2021, with said vehicles more particularly described in Exhibit A, attached hereto and incorporated by reference; and WHEREAS, while Enterprise would expeditiously order the foregoing vehicles as an agent for the Town, the Town would not be billed for such vehicles until after October 1, 20 20, and further, delivery also would occur after such date; and WHEREAS, the Town wishes to authorize Enterprise to place such vehicle orders with the full understanding that payment and delivery will occur after October 1, 2020, with payment to be made from the VERF. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2 The Town Council hereby authorizes Enterprise to place orders for those vehicles referenced in attached Exhibit A with the understanding that Enterprise will not bill or deliver said vehicles until after October 1, 2020. - Page 34 - Item No. 3. Resolution No. 2020-__, Page 2 SECTION 3 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 4 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney - Page 35 - Item No. 3. TOWN OF PROSPER:  REPLACEMENT BUDGETNon‐Emergency ResponseDepartment Old Vehicle # Current Vehicle InformationRequested Replacement CategoryEFM Quote # Recommended Replacement Lights Tool Box Goose Nk MirrorsLiner Custon AME *Veh Price (incl AME) Mo Mgmt Fee Mo Maint Chg Annual SpendBuilding Inspections 41012013 CHEVROLET 1500 SILVERADO 2WD V6 REG CAB 4.3L W/T1/2 Ton Pickup Reg 4x2 4623160 2020 Chevrolet Silverado 1500 Double Cab WT 4x2 8 ft bedX $25,841.58 $25.84 $36.23 $744.84Park Operations62112013 FORD F150 2WD V6 FFV REG CAB 3.7L XL1/2 Ton Pickup Reg 4x2 4623167 2020 Chevrolet Silverado 1500 Double Cab WT 4x2 8 ft bed X X X $28,663.58 $28.67 $36.23 $778.80Public Works - Water 52042013 CHEVROLET 2500HD SILVERADO 4WD V8 FFV EXT CAB 6.0L W/T3/4 Ton Pickup Ext 4x446234452020 Chevrolet Silverado 2500 Double Cab WT 4x4 8ft box X X $36,311.73 $36.31 $38.23 $894.48Public Works - Water 5208 2009 FORD F-450 SUPER CAB XL 4x4 CHASSISMedium Duty Chassis 4x4 4623592**2020 Ford F‐450 XL Super Cab 4x2 168 in WB DRW X X Custom Flat Bed $57,304.16 $57.31 $50.00 $1,287.72Public Works - Wastewater 5304 2013 FORD F-450 REG CAB XL 4x2 CHASSISMedium Duty Chassis 4x2 4623592**2020 Ford F‐450 XL Super Cab 4x2 168 in WB DRW X X Custom Flat Bed $57,304.16 $57.31 $50.00 $1,287.72Construction Inspections 59012013 CHEVROLET 2500HD SILVERADO 4WD V8 FFV EXT CAB 6.0L W/T3/4 Ton Pickup Ext 4x446234752020 Chevrolet Silverado 2500 Double Cab WT 4x4 6.75ft box X X X Step Up Bar $37,608.92 $37.62 $38.23 $910.202021 REPLACEMENT BUDGET TOTALS$243,034.13 $2,916.72 $2,987.04 $5,903.76Emergency ResponseDepartment Old Vehicle # Current Vehicle InformationRequested Replacement CategoryEFM Quote # Recommended Replacement Lights Tool Box Goose Nk MirrorsLiner Custon AME Veh Price (incl AME) Mo Mgmt Fee Mo Maint Chg Annual SpendFire Department2011 2011 Chevrolet C3500 Ambulance$307,600.00 $0.00Police Department2117 2017 Chevrolet Tahoe Admin UnitChevrolet Tahoe 4604791 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.00Police Department2118 2017 Chevrolet TahoeChevrolet Tahoe 4588149 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.00Police Department2119 2017 Chevrolet TahoeChevrolet Tahoe 4605380 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.00Police Department2120 2017 Chevrolet TahoeChevrolet Tahoe 4605382 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.00Police Department2121 2017 Chevrolet TahoeChevrolet Tahoe 4605385 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.00Police Department2122 2017 Chevrolet TahoeChevrolet Tahoe 4605387 2020 Chevrolet TahoeDefender Patrol upfit $52,907.50 $52.75 $0.00 $633.002021 REPLACEMENT BUDGET TOTALS$625,045.00 $316.50 $0.00 $3,798.00*Estimated pricing based on anticipated annual price increase for model year 2021**Conservative estimate based on available information ‐ will need to be revised$868,079.13 $3,233.22 $2,987.04 $9,701.76- Page 36 -Item No. 3. Market Value EstimatesNon‐Emergency ResponseVehicle #VINDepartmentYearEst. Months in Service Miles Per Year Current Odometer Current Market Value41011FTFX1CF4BFB97542Building Inspections2013 CHEVROLET 1500 SILVERADO 2WD V6 REG CAB 4.3L W/T84 6093 42649$5,000.0062115TFRY5F18BX113329Park Operations2013 FORD F150 2WD V6 FFV REG CAB 3.7L XL84 9421 65945$4,500.0052041FT7X2A66CEB84991Public Works - Water2013 CHEVROLET 2500HD SILVERADO 4WD V8 FFV EXT CAB 6.0L W/T84 6552 45861$11,500.0052081FTNF20586EC85991Public Works - Water2009 FORD F-450 SUPER CAB XL 4x4 CHASSIS84 6179 43256$5,000.0053041GC2KVCGXCZ203535Public Works - Wastewater2013 FORD F-450 REG CAB XL 4x2 CHASSIS84 14477 101342$14,000.0059011FT7X2A66EEB87750Construction Inspections2013 CHEVROLET 2500HD SILVERADO 4WD V8 FFV EXT CAB 6.0L W/T132 7890 86788$8,000.00Total$48,000.00Emergency ResponseVehicle #VINDepartmentYearEst. Months in Service Miles Per Year Current Odometer Current Market Value2011 Fire Department 2011 Chevrolet C3500 Ambulance120                                       65,633 $25,000.002117 Police Department 2017 Chevrolet Tahoe48                                         64,262 $11,000.002118 Police Department 2017 Chevrolet Tahoe48                                         67,911 $11,000.002119 Police Department 2017 Chevrolet Tahoe48                                         65,898 $11,000.002120 Police Department 2017 Chevrolet Tahoe48                                         72,751 $11,000.002121 Police Department 2017 Chevrolet Tahoe48                                         61,975 $11,000.002122 Police Department 2017 Chevrolet Tahoe48                                         57,552 $11,000.00Total$91,000.00$139,000.00- Page 37 -Item No. 3. 2021 VERF BUDGET BY DEPARTMENTBuilding InspectionTotal Vehicle Needs 1Vehicle Acquisition Cost* $25,841.58Annual Maintenance Charges $434.76Annual Enterprise Management Fee $310.08Anticipated Gains from Sales $5,000.00Net Cashflow $21,586.42Park Operations Police DepartmentTotal Vehicle Needs 1 Total Vehicle Needs 6Vehicle Acquisition Cost* $28,663.58 Vehicle Acquisition Cost* $317,445.00Annual Maintenance Charges $434.76 Annual Maintenance Charges $0.00Annual Enterprise Management Fee $344.04 Annual Enterprise Management Fee $316.50Anticipated Gains from Sales $4,500.00 Anticipated Gains from Sales $66,000.00Net Cashflow $24,942.38 Net Cashflow $251,761.50Public Works Streets Fire DepartmentTotal Vehicle Needs 0 Total Vehicle Needs 1Vehicle Acquisition Cost* $0.00 Vehicle Acquisition Cost* $307,600.00Annual Maintenance Charges $0.00 Annual Maintenance ChargesAnnual Enterprise Management Fee $0.00 Annual Enterprise Management Fee $0.00Anticipated Gains from Sales $0.00 Anticipated Gains from Sales $25,000.00Net Cashflow $0.00 Net Cashflow $282,600.00Public Works Wastewater 2021 VERF BUDGETTotal Vehicle Needs 1 Total Vehicle Needs 13Vehicle Acquisition Cost* $57,304.16 Vehicle Acquisition Cost* $868,079.13Annual Maintenance Charges $600.00Annual Maintenance Charges $2,987.04Annual Enterprise Management Fee $687.72 Annual Enterprise Management Fee $3,233.22Anticipated Gains from Sales $14,000.00 Anticipated Gains from Sales $139,000.00Net Cashflow $44,591.88 Net Cashflow $735,299.39Public Works WaterTotal Vehicle Needs 2Vehicle Acquisition Cost* $93,615.89Annual Maintenance Charges $1,058.76Annual Enterprise Management Fee $1,123.44Anticipated Gains from Sales $16,500.00Net Cashflow $79,298.09Construction InspectionsTotal Vehicle Needs 1Vehicle Acquisition Cost* $37,608.92Annual Maintenance Charges $458.76Annual Enterprise Management Fee $451.44Anticipated Gains from Sales $8,000.00Net Cashflow $30,519.12- Page 38 -Item No. 3. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. (BP) Description of Agenda Item: The Town is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”). The Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission ( “PUC” or “Commission”) and the courts. On April 3, 2020, Oncor filed an Application to Amend its Distribution Cost Recovery Factor (“DCRF”) with each of the cities retaining original jurisdiction and with the Commission in Docket No. 50734. In the filing, the Company sought to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill). The resolution authorizes the City to join with OCSC to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. Budget Impact: In the filing, the Company sought to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill). Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution Prosper is a place where everyone matters. FINANCE DEPARTMENT - Page 39 - Item No. 4. Page 2 of 2 Town Staff Recommendation: Town staff recommends adoption of a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. Proposed Motion: I move to adopt a resolution to deny the application of Oncor Electric Delivery Company LLC for approval to amend its distribution cost recovery factor to increase distribution rates within the Town. - Page 40 - Item No. 4. Resolution No. 2020-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO INCREASE DISTRIBUTION RATES WITHIN THE TOWN SHOULD BE DENIED; AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERING COMMITTEE; AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES; FINDING THAT THE TOWN’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Prosper, Texas (“Town”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the Oncor Cities Steering Committee (“OCSC”) is a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area in matters before the Public Utility Commission (“Commission”) and the courts; and WHEREAS, on or about April 3, 2020, Oncor filed with the Commission an Application to Amend its Distribution Cost Recovery Factor (“DCRF”), Commission Docket No. 50734, seeking to increase distribution rates by $75.9 million annually (an approximately $0.88 increase to the average residential customer’s bill); and WHEREAS, the Town of Prosper will cooperate with OCSC in coordinating their review of Oncor’s DCRF filing with designated attorneys and consultants, prepare a common response, negotiate with the Company, and direct any necessary litigation, to resolve issues in the Company’s filing; and WHEREAS, all electric utility customers residing in the Town will be impacted by this ratemaking proceeding if it is granted; and WHEREAS, working with the OCSC to review the rates charged by Oncor allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, OCSC’s members and attorneys recommend that members deny Oncor’s DCRF. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: - Page 41 - Item No. 4. Resolution No. 2020-__, Page 2 SECTION 1 All of the above premises are found to be true and correct legislative determinations of the Town of Prosper, Texas, and are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town is authorized to participate with OCSC in Commission Docket No. 50734. SECTION 3 Subject to the right to terminate employment at any time, the Town of Prosper hereby authorizes the hiring of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make recommendations to the Town regarding reasonable rates, and to direct any necessary administrative proceedings or court litigation associated with an appeal Oncor’s DCRF application. SECTION 4 The rates proposed by Oncor to be recovered through its DCRF charged to customers located within the Town limits, are hereby found to be unreasonable and shall be denied. SECTION 5 The Company shall continue to charge its existing rates to customers within the Town. SECTION 6 The Town’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. SECTION 7 It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 8 A copy of this Resolution shall be sent to Tab Urbantke, Attorney for Oncor, at Hunton Andrews Kurth LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 75202, and to Thomas Brocato, General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com. SECTION 9 This Resolution shall be effective from and after its passage by the Town Council. - Page 42 - Item No. 4. Resolution No. 2020-__, Page 3 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney - Page 43 - Item No. 4. Page 1 of 1 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act on a resolution repealing Resolution No. 14-04 in regard to Neighborhood Empowerment Zone Number 2. Description of Agenda Item: On April 14, 2020, the Town Council approved Ordinance No. 2020-28, which established a new Downtown Residential Revitalization Program for the purpose of replacing Neighborhood Empowerment Zone No. 2, and providing incentives relative to architectural standards and building materials for those residential structures constructed pursuant to the Program. Because Resolution No. 14-04, which established Neighborhood Empowerment Zone Number 2, is in effect until January 14, 2024, it needs to be repealed. The attached resolution repeals Resolution No. 14-04. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Staff recommends the Town Council approve a resolution repealing Resolution No. 14-04 in regard to Neighborhood Empowerment Zone Number 2. Proposed Motion: I move to approve a resolution repealing Resolution No. 14-04 in regard to Neighborhood Empowerment Zone Number 2. Prosper is a place where everyone matters. DEVELOPMENT SERVICES - Page 44 - Item No. 5. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING RESOLUTION NO. 14-04 IN RELATION TO NEIGHBORHOOD EMPOWERMENT ZONE NUMBER 2; ACKNOWLEDGING THE ADOPTION OF A NEW DOWNTOWN RESIDENTI AL REVITALIZATION PROGRAM; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 14, 2014, the Town Council of the Town of Prosper, Texas, approved Resolution No. 14-04 designating a specific area in the Town’s Downtown area as Neighborhood Empowerment Zone Number 2, as authorized by Chapter 378 of the Texas Local Government Code; and WHEREAS, Neighborhood Empowerment Zone Number 2 was intended to promote residential redevelopment in the Downtown area through the waiver of certain building permit and impact fees; and WHEREAS, the demand for new housing in the Downtown areas is for market rate housing; however, the Texas Tax Code Section 312.202 limits the incentive provisions of a Neighborhood Empowerment Zone to a specific type of housing; and WHEREAS, on April 14, 2020, the Town Council adopted Ordinance No. 2020-28 establishing a new Downtown Residential Revitalization Program for the purpose of replacing Neighborhood Empowerment Zone No. 2, as established by Resolution No. 14-04, and providing incentives relative to architectural standards and building materials for those residential structures constructed pursuant to the Program. NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set forth herein. SECTION 2 Resolution No. 14-04 is hereby repealed in its entirety. SECTION 3 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. - Page 45 - Item No. 5. Resolution No. 2020-__, Page 2 SECTION 4 This Resolution shall be effective from and after its passage by the Town Council. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney - Page 46 - Item No. 5. Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act on an ordinance amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances regarding the allowance of changeable electronic message board signs and other illuminated signs for real estate signs in residential areas including definitions, regulations, and restrictions. Description of Agenda Item: The Town has received requests from realtors to be able to use changeable electronic message board signs and other illuminated signs for real estate signs in residential areas. Upon consultation with the Town Attorney, definitions and criteria were developed to permit the signs with standards to minimize the impact of the new sign type in residential areas. The standards include, 1. Maximum sign area of twenty square feet (20 sq. ft.), 2. Maximum height of five feet (5’), 3. Source of the lighting may be internal or external but the light spillover limited to a maximum of 0.1 foot-candle at any property line, 4. Light emitting diode (LED) or digital residential real estate sign shall be located a minimum of fifteen feet (15’) from a sidewalk, and if there is no sidewalk, no closer than twenty feet (20’) from the edge of the street pavement, 5. Solar or battery-powered, externally illuminated signs shall be located a minimum of five feet (5’) from a sidewalk, and if there is no sidewalk, no closer than ten feet (10’) from the edge of street pavement, and 6. Any sign that is either externally illuminated or internally illuminated, including LED or digital signs, shall be illuminated only between the hours of 8:00 a.m. and 8:00 p.m. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Prosper is a place where everyone matters. DEVELOPMENT SERVICES - Page 47 - Item No. 6. Page 2 of 2 Town Staff Recommendation: Staff recommends the Town Council approve an ordinance amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances regarding the allowance of changeable electronic message board signs and other illuminated signs for real estate signs in residential areas including definitions, regulations, and restrictions. Proposed Motion: I move to approve an ordinance amending Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances regarding the allowance of changeable electronic message board signs and other illuminated signs for real estate signs in residential areas including definitions, regulations, and restrictions. - Page 48 - Item No. 6. Ordinance No. 2020-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 3.14.003, “DEFINITIONS,” OF ARTICLE 3.14, “SIGNS,” OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY AMENDING THE DEFINITION OF “CHANGEABLE ELECTRONIC MESSAGE/READER BOARD COMPONENT OR SIGN (CEMS)” AND ADDING A DEFINITION OF “RESIDENTIAL REAL ESTATE SIGNS”; AMENDING SUBPART (I), “RESIDENTIAL SIGN,” OF SUBSECTION 2, “FREESTANDING SIGNAGE,” OF SECTION 3.14.012, “CRITERIA FOR PERMISSIBLE SIGNS,” OF ARTICLE 3.14, “SIGNS,” OF CHAPTER 3, “BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING CERTAIN REGULATIONS AND RESTRICTIONS FOR RESIDENTIAL REAL ESTATE SIGNS IN A NEW PARAGRAPH (vi), ENTITLED “REGULATIONS FOR RESIDENTIAL REAL ESTATE SIGNS”; MAKING FINDINGS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipality under the laws of the State of Texas and is duly incorporated; and WHEREAS, the Town possesses the full power of self-government, as authorized by the Texas Constitution and the Town’s duly adopted Charter; and WHEREAS, the Town Council of the Town has determined that certain restrictions relative to residential real estate signs, as constitutionally-protected commercial speech, are advisable and the regulations referenced in this Ordinance are consistent with recent Supreme Court jurisprudence, is in the best interests of the citizens of the Town and will promote the public health, safety and general welfare; and WHEREAS, the Town has a compelling interest in allowing temporary real estate signs since (1) such signs promote a flow of truthful and legitimate commercial information to consumers to enable them to make important decisions about where to live and how to raise families, as noted in Linmark Associates, Inc. v. Township of Willingboro , 431 U.S. 85 (1977); (2) real estate signs further the critical public goal of guaranteeing equal access to housing and the Town has a compelling interest in eradicating housing disc rimination, as noted in Swanner v. Anchorage Equal Rights Comm’n, 874 P.2d 274, 282-83 (Alaska 1994), cert. denied, 513 U.S. 979 (1994); (3) real estate signs are vital in communities facing housing shortages and provide quick, relevant information to thos e seeking housing; (4) real estate signs promote economic activity in a community, often including an expansion of the tax base; (5) real estate signs serve substantially different purposes than other temporary signs that are not commercial in nature; and (6) real estate signs are content-neutral, are generally located on property only while a residence is on the market, and do not implicate First Amendment rights such as those related to political speech and other similarly protected forms of communication ; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has determined that the residential real estate signage regulations referenced in this Ordinance will - Page 49 - Item No. 6. Ordinance No. 2020-__, Page 2 promote the orderly, safe and efficient growth of the Town and the Town’s extraterritorial jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section 3.14.003, “Definitions,” of Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by amending the definition of “changeable electronic message/reader board component or sign (CEMS)” and adding a definition of “residential real estate signs,” to read as follows: “Sec. 3.14.003 Definitions * * * Changeable electronic message/reader board component or sign (CEMS). A permanent sign, a portion of a permanent sign or a residential real estate sign designed to allow wording or images to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently. This definition includes any illuminated sign in which such illumination is not kept stationary or constant in intensity and color at all times when said sign is in use, including a light emitting diode (“LED”) or digital sign. A term “changeable electronic message/reader board sign” does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic - Control Devices approved by the Federal Highway Administrator as the national standard. * * * Residential real estate sign. A temporary sign placed on property indicating that a home or residential property is for sale, rent or lease.” SECTION 3 From and after the effective date of this Ordinance, existing Subpart (I), “Residential Sign,” of Subsection 2, “Freestanding Signage,” of Section 3.14.012, “Criteria for Permissible Signs,” of Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding certain regulations and restrictions for residential real estate signs in a new paragraph (vi), entitled “Regulations for Residential Real Estate Signs,” to read as follows: - Page 50 - Item No. 6. Ordinance No. 2020-__, Page 3 “Sec. 3.14.012 Criteria for permissible signs The following signs are permissible, subject to the following conditions listed in Section 3.14.008 of this article. Signs that do not comply with the following conditions and specifications or are not covered within this article are considered prohibited. * * * (2) Freestanding signage. * * * (I) Residential sign. * * * (vi) Regulations for Residential Real Estate Signs. Notwithstanding anything herein to the contrary, residential real estate signs shall be subject to the following criteria: a. Maximum effective sign area: Twenty square feet (20 sq. ft.). b. Maximum height: Five feet (5'). c. Maximum number of signs: One (1) per lot. d. Lighting may be either internal or external. If external lighting is utilized, each side of a sign may be illuminated by a light powered by a solar battery or similar battery/source of illumination. e. All lighting shall comply with the currently adopted National Electrical Code. Any electrical work shall require a permit. f. No sign or associated luminaire shall create light spillover of more than 0.1 foot-candle at any property line within or bounding a residential use or residential district. g. A light emitting diode (LED) or digital sign may be utilized on one (1) or both sides of a sign relative to the particular property that is for sale, for rent or for lease. h. No light emitting diode (LED) or digital residential real estate sign shall be located closer than fifteen feet (15’) from a sidewalk, and if there is no sidewalk, no closer than twenty feet (20’) from the edge of the street pavement. Any other externally illuminated residential real estate sign, in which the light source is solar-powered or battery-powered, shall be located no closer than five feet (5’) from a sidewalk, and - Page 51 - Item No. 6. Ordinance No. 2020-__, Page 4 if there is no sidewalk, no closer than ten feet (10’) from the edge of street pavement. i. Any sign that is either externally illuminated or internally illuminated, including LED or digital signs, shall be illuminated only between the hours of 8:00 a.m. and 8:00 p.m.” SECTION 4 As authorized by Chapter 216 of the Texas Local Government Code, as amended, and other applicable law, the Town Council of the Town of Prosper hereby extends to the extraterritorial jurisdiction of the Town the application of the Sign Ordinance incorporated and referenced herein, to the extent authorized by said Chapter. SECTION 5 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 Council hereby declares that it would have passed this Ordinance, and each section, subsection, - Page 52 - Item No. 6. Ordinance No. 2020-__, Page 5 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 6 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 7 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 8 This Ordinance shall become effective from and after its passage and publication. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28th DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney - Page 53 - Item No. 6. Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached are the Preliminary Site Plan and Site Plans that were acted on by the Planning & Zoning Commission at their April 21, 2020, meeting. Per the Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1. Preliminary Site Plan for Prosper West / Children’s Health MOB 2. Site Plan for Lake Point Assisted Living 3. Site Plan for PISD Elementary School #14 4. Site Plan for PISD High School #3 5. Site Plan for West End 6. Site Plan for WestSide MF, Phase 1 (Vera) Town Staff Recommendation: Town staff recommends the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING - Page 54 - Item No. 7. FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL 6 11 6 7 7 6 7 7 7 9 15 12 5 3 7 6 7 1012 13 6 8 9 11 10 12 2 15 15 12 12 15 11 2 5 VVVV V13V 12 11 1112 12 12 15 11 12 1 4 14 11 12 15 V V5 5 V VV10 FL FL VV V V12 13 9 9 13 12 7 3 7 6 9 12 11 10 11 16 5 7 7 10 7 7 VV V6 10 8 13 6 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL 6 11 6 7 7 6 7 7 7 9 15 12 5 3 7 6 7 1012 13 6 8 9 11 10 12 2 15 15 12 12 15 11 2 5 VVVV V13V 12 11 1112 12 12 15 11 12 1 4 14 11 12 15 V V5 5 V VV10 FL FL VV V V12 13 9 9 13 12 7 3 7 6 9 12 11 10 11 16 5 7 7 10 7 7 VV V6 10 8 13 6 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL 6 11 6 7 7 6 7 7 7 9 15 12 5 3 7 6 7 1012 13 6 8 9 11 10 12 2 15 15 12 12 15 11 2 5 VVVV V13V 12 11 1112 12 12 15 11 12 1 4 14 11 12 15 V V5 5 V VV10 FL FL VV V V12 13 9 9 13 12 7 3 7 6 9 12 11 10 11 16 5 7 7 10 7 7 VV V6 10 8 13 6 FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFL 6 11 6 7 7 6 7 7 7 9 15 12 5 3 7 6 7 1012 13 6 8 9 11 10 12 2 15 15 12 12 15 11 2 5 VVVV V13V 12 11 1112 12 12 15 11 12 1 4 14 11 12 15 V V5 5 V VV10 FL FL VV V V12 13 9 9 13 12 7 3 7 6 9 12 11 10 11 16 5 7 7 10 7 7 VV V6 10 8 13 6 6 1215 9 99 7 10 11 11 9 9 8 10 12 15 141215 12141414 9 11 10 10 15 8 12 15 10 12 15 11 12 15 12 12 15 12 VVV 15156 14 10 10 8 8 66 9 12 5XXXXXXXXX OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEXXBM#85 BM#82 MANHOLE MANHOLE 11626.880SIGN SPEED 12624.740SIGN HIGH WAY U 13626.110MANHOLE U 14625.940MANHOLE U 15626.120MANHOLE U 16626.180MANHOLE U 17625.420MANHOLE U 18625.110MANHOLE 19623.970FIRE HYDRANT20624.250WATER VALVE 21624.050WATER VALVE W W 23620.740UG WATER MARKER 24620.660FIRE HYDRANT25621.190WATER VALVE 26621.150WATER VALVE 27621.660POWER POLE OHLT28621.380TELEPHONE RISER 29620.950SIGN BURIED TELE U 30621.240NOMATCH UKUG 31620.400POWER POLE OHL F 32620.200UG FIBER OPTIC MARKER 33620.650SIGN BURIED TELE 34621.130POWER POLE OHL T 35621.470TELEPHONE RISER 36621.580POWER POLE OHL F 37622.060UG FIBER OPTIC MARKER T 38622.410TELEPHONE RISER 39622.990GUY ANCHOR 40623.060GUY ANCHOR 41623.170GUY ANCHOR X2 42623.140POWER POLE OHL 43623.260POWER POLE OHL 44623.690GUY ANCHOR X2 45623.820GUY ANCHOR 46623.810GUY ANCHOR 47624.140POWER POLE OHL1 48624.810POWER POLE OHL 49626.180POWER POLE OHL 50626.740POWER POLE OHL 51626.740GUY ANCHOR 52626.850GUY ANCHOR 53626.930GUY ANCHOR 54626.710GUY ANCHOR 55624.270POWER POLE OHLF56626.510UG FIBER OPTIC MARKER 57629.720TRAFFIC SIGNAL TR58629.050SIGNAL BOX 59628.990TRAFFIC SIGNAL CROSS WALK T 76629.020TELEPHONE RISER F 77629.230UG FIBER OPTIC MARKER T 79627.880POWER POLE OHL T 87627.350TELEPHONE RISER T 88627.270TELEPHONE RISER 89626.740POWER POLE OHL T 90626.860TELEPHONE RISER T 91627.070TELEPHONE RISER 92626.640POWER POLE OHL 93626.560POWER POLE OHL 94626.450POWER POLE OHL 95626.300POWER POLE OHL 96625.430POWER POLE OHL 97625.320POWER POLE OHL 108626.730BENCH MARK 85 XS 109626.210BENCH MARK 82 XS W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W R.O.W. PARCEL 40-1DOC. NO. 20060313000324850380 BUSINESS CENTER LTD ET ALDOC. NO. 20130506000612670O.P.R.C.C.T.SSS S S S S SSS S S S S S S S S S S S S OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE U. S. HIGHWAY NO. 380 (VARIABLE WIDTH RIGHT-OF-WAY)DALLAS PARKWAY(VARIABLE WIDTH RIGHT-OF-WAY)75' WATER TRANSMISSION PIPELINE EASEMENT VOL. 4930, PG. 3236 D.R.C.C.T. 15' WATER EASEMENT INST. NO. 20121030001379480 D.R.C.C.T. 20' TEMPORARY CONSTRUCTION EASEMENT INST. NO. 20121030001379450 D.R.C.C.T. DRAINAGE EASEMENT INST. NO. 20070622000861380 D.R.C.C.T. AVENUE "A" - 89' ROWAVENUE "E" - 89' ROWAVENUE "F" -89' ROW60° TYP. BLOCK F LOT 1 5.89 ACRES BLOCK G LOT 1 5.99 ACRES GARAGE 585 SPACES 11 ADA SPACES INTERNAL DUMPSTER 5 LEVELS BLOCK B LOT 1 4.67 ACRES BLOCK E LOT 1 3.19 ACRES GARAGE 500 SPACES 9 ADA SPACES INTERNAL DUMPSTER 5 LEVELS MEDICAL OFFICE ±30,000 SF 3 STORIES BLOCK A LOT 1 8.35 AC. FUTURE US 380 ROW RESERVATION DEDICATION = 4.19 AC. NET = 4.16 AC.RETAIL 11,360 SF (71%)1 STORYRESTAURANT 4,640 SF1 STORYBLOCK D LOT 1 5.54 ACRES RETAIL7,600 SF1 STORYBLOCK C LOT 1 11.04 ACRES FUTURE US 380 ROW RESERVATION DEDICATION = 3.82 AC NET = 7.22 AC GARAGE 600 SPACES 11 ADA SPACES INTERNAL DUMPSTER 4 LEVELS RETAIL/RESTAURANT: ±5,155 SF AMENITY: ±9,826 SF GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 8,535 SF REMAINING MULTIFAMILY: ±287,047 SF 4 STORIES 332 UNITS RETAIL 11,360 SF (71%)1 STORYRESTAURANT 4,640 SF1 STORY20.1' 26' 60° 60° 10' 12.5' 64' 12.5'TWO POINTS OF ACCESS IN A 10'WIDE 2-HR RATED CORRIDOR SHALLBE PROVIDED TO COURTYARDR30'R30'R30'R30' R25' R25' R30' R30' R30' R30' R30' R30' R30' R30' R30' R30' R12' R12' R30'R30' R30' R30' R30' R30' R30' OPEN SPACE DETENTION POND AVENUE "B" - 65' ROW MSW PROSPER 380, LP INST. NO. 20130102000003130 O.P.R.C.C.T. 10'DECEL LANEAVENUE "D" - 49' ROWAVENUE "H" - 86' ROW AVENUE "G" -86' ROWAVENUE "D" - 49' ROW30' FRONT YARD SET BACK GROUND LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH 10' FRONT YARD SET BACK 10' BUILDING SET BACK 30' FRONT YARD SET BACK 30' FRONT YARD SET BACK DUMPSTER LOADING ZONE (DUMPSTER IS INTERNAL TO THE GARAGE) DUMPSTER LOADING ZONE (DUMPSTER IS INTERNAL TO THE GARAGE) DUMPSTER LOADING ZONE GROUND-LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH GROUND LEVEL RESIDENTIAL WITH STREET ACTIVATING FRONT PORCH AMENITY RETAIL/ RESTAURANT RETAIL/ RESTAURANT 8' SIDEWALK (MEANDERING) 5.5' STREET EASEMENT 3.5' STREET EASEMENT 3' STREET EASEMENT 3' STREET EASEMENT 10'BUILDING SETBACK 10'BUILDING SETBACK 10'BUILDING SETBACK 30' BUILDING AND LANDSCAPE SETBACK 30' BUILDING AND LANDSCAPE SETBACK RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS R30'RETAIL7,600 SF1 STORYRETAIL 6,400 SF 1 STORY RESTAURANT 8,000 SF (1 STORY) RETAIL 4,500 SF (1 STORY) RETAIL 9,700 SF 1 STORYZONING: A(AGRICULTURE)60°' 60°' 60°' 60°' ±8.44 AC OF FUTURE 380 ROW RESERVATION10' BUILDING SETBACKRETAIL 4,800 SF 1 STORY REST. 4,100 SF 1 STORY RETAIL 11,700 SF1 STORYOFFICE 62,100 SF 2 STORIES 60°' N0°10'50"E 1582.3' ∆=4°59'59" R=11659.2' L=1017.4' CB=N2°04'35"E C=1017.1' S0°25'25"E 852.7' N89°59'06"E 737.5' N87°26'20"W 100.2' 8' SIDEWALK (MEANDERING) N89°55'21"W 577.1' FUTURE MEDICAL OFFICE EXPANSION ±60,000 SF 3 STORIES RESTAURANT7,600 SF1 STORYRESTAURANT7,600 SF1 STORYAVENUE "A" - 49' ROW 35'52'23' 64'23'80' 89' 26' 100'330'9'43'26'43'10'89' 11' 89'181'89'11'26'45'20' 24' 89' 26' 20'40'9'24'24'26'20' 150' 10'20'11'15'18'24'40'24'40'26'15105'18'26'40'24'18'245' STORAGE 1082' BETWEEN DRIVES 523' BETWEEN DRIVES9'TYP.9'TYP.110'12'TYP.18'24'40'24'19' 10'18'24'18'18'24'18'18'26'18'18'24'40'18'24'9'TYP.9' TYP.15'18'24'40'24'40'26'105'228' 28'20'26'40'24'40'26'13'18'26'40'24'18'10'219'FH FDCFDC FH FH FH FH FH FH FH FH FH FDC FDC FDC FH FDC FDC FDC FDC FH FH FH FH FH FH FH FH FH FH FH FH FDC FH FH FH FH FDC FDC FDC FH FH FH FH FH FDC FH FDC FH FDC FH FH FDC FDC FH 8' SIDEWALK (5' OFF BOC) 30' L A N D S C A P E S E T B A C K15'AVENUE "G" -86' ROW 5' LANDSCAPE SETBACK 26'26' 26'26'89' 326'189'65'73'65'65'65'75'130'71'176'62'102'360'173' RETAIL/RESTAURANT: ±5,450 SF GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 2,200 SF MULTIFAMILY: ±215,150 SF 4 STORIES (283 UNITS)128'60'128'60'128'60'128'60' 80'200'580'200'30'R30'R 56'R 30'R 30'R 87'R87'R30'R 10' BUILDING SETBACK 10' BUILDING SETBACK 5' LANDSCAPE SETBACK ENHANCED PAVEMENT ENHANCED PAVEMENT 10' TYP. 26'30'R30' R 30'R30'R30'R 30'R 30'R3 0 'R30'R30'R30'R 3 0 'R30 'R 10' FH 24' 24'102'3 0 'R30 'R 3 0 'R 30 'R 30' R 10' BUILDING SETBACK24' FH 455'R455'R24'26' 26' 26' FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 7 6 3 3 3 3 3 3 3 3 V2 22 2 5 4 8 8 5 FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 7 6 3 3 3 3 3 3 3 3 V2 22 2 5 4 8 8 5 FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 7 6 3 3 3 3 3 3 3 3 V2 22 2 5 4 8 8 5 FL FLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 7 6 3 3 3 3 3 3 3 3 V2 22 2 5 4 8 8 5 OHEOHEOHEOHEOHEX XS 10623.660SAN. SEWER MANHOLE 98625.850POWER POLE OHL 99625.560POWER POLE OHL 100625.180POWER POLE OHL SS SS S S S SSS S S S S S S S SBLOCK H LOT 1 5.75 ACRES BLOCK G LOT 1 5.99 ACRES GARAGE 200 SPACES 12 ADA SPACES ±68,000 SF 2 LEVELS HOTEL ±134,880 SF8 STORIES200 KEYSGARAGE 680 SPACES 18 ADA SPACES ±244,800 SF 4 LEVELS OFFICE ±201,600 SF 8 STORIES RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS OFFICE PARK DISTRICT DOWNTOWN DISTRICT OFFICE PARK DISTRICT RETAIL ±13,000 SF1 STORYOFFICE ±108,500 SF 4 LEVELS DOWNTOWN DISTRICT FHFHFDC FH FH FH FH FH FDC FH FDC FH FH FDC FDC FDC FDC (2) FH FH FH FH FH FH FH FH REVISIONSNo.DATESHEET NUMBER PROJECT NO. DATEDRAWN BYSCALEDESIGNED BYCHECKED BY6160 WARREN PARKWAY, SUITE 210, FRISCO, TX 75034PHONE: 972-335-3580WWW.KIMLEY-HORN.COMCJPJTCAS SHOWN© 2020 KIMLEY-HORN AND ASSOCIATES, INC.4/06/2020 064422219CHILDREN'S PROSPERTOWN OF PROSPER, TEXASRCSTEXAS REGISTERED ENGINEERING FIRM F-928Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date CJ PONTON 127280 4/06/2020 PSP-1PRELIMINARY SITE PLANBLOCK A, LOT 1 1 STORY RETAIL ±16,500 GSF 1 STORY RESTAURANT ±4,100 GSF 2 STORY OFFICE ±62,100 GSF FAR:0.22:1 LOT COVERAGE: 14% WIDTH: 630' DEPTH: 650' INTERIOR LANDSCAPING REQUIRED: 2595 SF INTERIOR LANDSCAPING PROVIDED: 4900 SF PARKING REQUIRED: 285 SP 16,500 SF RETAIL/(250)=66 SP 4,100 SF REST/(100)=41 SP 62,100 SF OFFICE/(350)=178 SP HANDICAP REQUIRED: 7 PARKING PROVIDED: 155 155 SURFACE HANDICAP PROVIDED: 8 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY 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 FACADE PLAN. 14.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. 15.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 16.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 17.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 18.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. 19.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 20.DRIVEWAYS OFF OF U.S. 380 SHALL BE APPROVED BY TXDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TXDOT. 21.ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 22.A MINIMUM OF 75% OF THE FIRST FLOOR NON-RESIDENTIAL SQUARE FOOTAGE OF BUILDING CONTAINING RESIDENTIAL UNITS SHALL HAVE CERTIFICATES OF OCCUPANCY ISSUED FOR THEM PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR AN ADDITIONAL PHASE OF RESIDENTIAL UNITS SUBSEQUENT TO THE FIRST PHASE. 23.THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT SHALL CONSIST OF NO LESS THAN 600 UNITS AND NO GREATER THAN 1,200 UNITS. THIS FIRST PHASE SHALL BE CONSTRUCTED WITHIN THE DOWNTOWN SUB-DISTRICT. 24.SKYBRIDGE CLEARANCE WILL BE PER CODE AND SUBJECT TO LICENSE AGREEMENT WITH THE TOWN. 25.ALL LANDSCAPE ISLANDS SHALL BE A MINIMUM OF 9' WIDE. 26.CROSSWALKS AT DALLAS PARKWAY INTERSECTIONS TO BE AS CLOSE AS POSSIBLE TO THE INTERSECTION. NOTES KEY MAP N.T.S 1"IPF1"IPF 1988 .68'N00°00'4 3"W 1332.71'N89°35'49"E ELEVATEDAREA SITE LOCATION U.S. HIGHWAY 380 DALLAS NORTH TOLLWAYCOUNTY ROAD NO. 3 BNSF RAILROADMATCHLINE SEE SHEET PSP-2 BLOCK B, LOT 1 1 STORY RETAIL ±46,820 GSF 1 STORY RESTAURANT ±13,780 GSF FAR: 0.3:1 LOT COVERAGE: 30% WIDTH: 650' DEPTH: 780' INTERIOR LANDSCAPING REQUIRED: 390 SF INTERIOR LANDSCAPING PROVIDED: 1,300 SF PARKING REQUIRED: 257 SP 46,820 SF RETAIL/(250)=188 SP 13,780 SF REST./(200) = 69 SP HANDICAP REQUIRED: 8 PARKING PROVIDED: 153 153 SURFACE HANDICAP PROVIDED: 8 BLOCK C, LOT 1 3 STORY MEDICAL OFFICE ±90,000 GSF FAR:0.19:1 LOT COVERAGE: 6% WIDTH: 650' DEPTH: 670' INTERIOR LANDSCAPING REQUIRED: 8,430 SF INTERIOR LANDSCAPING PROVIDED:16,500 SF PARKING REQUIRED: 360 SP 180 FTE + 120 EXAM ROOMS + 60 OFFICES = 360 SP HANDICAP REQUIRED: 597*0.02 = 12 SP PARKING PROVIDED: 597 597 SURFACE HANDICAP PROVIDED: 14 BLOCK D, LOT 1 1 STORY RETAIL ±28,200 GSF 1 STORY RESTAURANT ±15,200 GSF 4 STORY OFFICE ±108,500 GSF 2 STORY PARKING GARAGE ±68,000 GSF FAR:0.91:1 LOT COVERAGE: 43% WIDTH: 180'/223' DEPTH: 1230' INTERIOR LANDSCAPING REQUIRED: N/A INTERIOR LANDSCAPING PROVIDED: N/A PARKING REQUIRED: 575 SP 28,200 SF RETAIL/(250)=113 SP 15,200 SF REST./(100)=152 SP 108,500 SF OFFICE/(350)=310 SP HANDICAP REQUIRED: 575*0.02 = 12 SP PARKING PROVIDED: 200 200 GARAGE HANDICAP PROVIDED: 12 BLOCK E, LOT 1 4 STORY MULTIFAMILY ±217,350 GSF 1 STORY NON-RESIDENTIAL ±5,450 GSF FAR:3.08:1 LOT COVERAGE: 70% WIDTH: 350' DEPTH: 390' INTERIOR LANDSCAPING REQUIRED: 375 SF INTERIOR LANDSCAPING PROVIDED: 600 SF PARKING REQUIRED: 392 SP 1 BED UNITS: 200*(1.0)=200 SPACES 2 BED UNITS: 75*(2.0)=150 SPACES 3 BED UNITS: 8*(2.5)=20 SP 5,450 SF RETAIL/(250)=22 SPACES HANDICAP REQUIRED: 11 PARKING PROVIDED: 525 25 SURFACE 500 GARAGE HANDICAP PROVIDED: 11 BLOCK F, LOT 1 4 STORY MULTIFAMILY ±295,582 GSF 1 STORY NON-RESIDENTIAL ±14,981 GSF FAR: 1.21:1 LOT COVERAGE: 43% WIDTH: 400' DEPTH: 650' INTERIOR LANDSCAPING REQUIRED: 720 SF INTERIOR LANDSCAPING PROVIDED: 720 SF PARKING REQUIRED: 508 SP 1 BED UNITS: 222*(1.0)=222 SP 2 BED UNITS: 98*(2.0)=196 SP 3 BED UNITS: 12*(2.5)=30 SP 14,981 SF RETAIL/(250)=60 SP HANDICAP REQUIRED: 508*0.02 = 12 SP PARKING PROVIDED: 591 6 SURFACE 585 GARAGE HANDICAP PROVIDED: 13 BLOCK G, LOT 1 1 STORY RETAIL ±19,860 GSF (15%) 4 STORY MULTIFAMILY ±509,750 GSF FAR:1.86:1 LOT COVERAGE: 52% WIDTH: 450' DEPTH: 800' INTERIOR LANDSCAPING REQUIRED: 440 SF INTERIOR LANDSCAPING PROVIDED: 440 SF PARKING REQUIRED (ESTIMATE): 590 SP 19,860 SF RETAIL/(250)=80 SP 380 UNITS*(1.34)=510 SP HANDICAP REQUIRED: 11 PARKING PROVIDED: 606 6 SURFACE 600 GARAGE HANDICAP PROVIDED: 13 00 100'200' GRAPHIC SCALE 100' DOUBLE DUMPSTER SINGLE DUMPSTER ADA PARKING STALL AVENUE A PROVIDED: 60 SP AVENUE B PROVIDED: 25 SP AVENUE C PROVIDED: 25 SP AVENUE D PROVIDED: 10 SP AVENUE E PROVIDED: 105 SP AVENUE F PROVIDED: 79 SP AVENUE G PROVIDED: 116 SP AVENUE H PROVIDED: 46 SP AVENUE I PROVIDED: 48 SP AVENUE J PROVIDED: 52 SP AVENUE K PROVIDED: 44 SP ADA SPACES REQUIRED: 14 SP ADA SPACES PROVIDED: 14 SP ON STREET PARKING TABLE -1/350 SF BUSINESS OR OFFICE -1/1 EMPLOYEE ON LARGEST SHIFT FOR MEDICAL OFFICE BUILDING >20,000 SF -1/11/2 PER BED OR EXAMINATION ROOM FOR MEDICAL OFFICE BUILDING >20,000 SF -1 SPACE PER HOTEL KEY -1/250 RETAIL STORE -1/100 RESTAURANT OR CAFE -1.0 SP PER BED FOR 1 AND 2 BED MULTIFAMILY UNIT -0.5 SP FOR EACH ADDITION BED ROOM SUMMARY -OFFICE = 1,085,700 GSF -HOTEL = 400 KEYS -MULTI-FAMILY = 995 UNITS -RETAIL = 128,311 GSF -REST = 36,580 GSF -CONFERENCE = 50,000 GSF -MEDICAL OFFICE = 90,000 GSF TOTAL PARKING REQUIRED: 6,153 SPACES TOTAL PARKING PROVIDED: 7,733 SPACES ZONING PARKING REQUIREMENTS 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-41 2. BLOCKS A-L MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-41 3. FIRELANE SHALL BE PROVIDED IN ACCORDANCE WITH CURRENT TOWN OF PROSPER FIRE CODE REQUIREMENTS. FINAL LAYOUTS AND USAGE TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT 4. DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 5. DOWNTOWN DISTRICT SETBACKS PER PD-41 ARE 30' FRONT YARD ALONG DNT AND 380, AND 10' ALONG ALL OTHER STREETS. REAR YARD AND SIDE YARD SETBACKS ARE 0'. 6. OFFICE PARK DISTRICT SETBACKS PER PD-41 ARE 25' FRONT YARD ALONG DNT, AND 10' ALONG OTHER STREETS. REAR YARD AND SIDE YARD SET BACKS ARE 10'. 7. NO TREES EXIST ON SITE. 8. OFF-SITE AND/OR SHARED PARKING AGREEMENTS MAY BE REQUIRED TO ENSURE MINIMUM ALL USES PROVIDE MINIMUM REQUIRED PARKING ON-SITE PER ZONING ORDINANCE. NOTES PRELIMINARY SITE PLAN CHILDREN'S PROSPER Being 126.513 Acres Out Of The COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY Town of Prosper, Collin County, Texas Abstract No. 147 Case Number: D20-0021 D20-0021 ZONING:PLANNED DEVELOPMENT OPEN SPACE REQUIRED (7%): 8.86 AC OPEN SPACE PROVIDED: (7%): 9.09 AC SITE DATA SUMMARY Engineer/Surveyor: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, TX 75034 Contact: C.J. Ponton, P.E. Phone: (972) 731-3802 Children's Health System of Texas 1935 Medical District Drive Dallas, TX 75235 Contact: Nathan Beckey Phone: (214) 456-7079 Owner:Owner: MSW Prosper 380 LP 320 W Main Street Suite 100 Lewisville, TX 75057 Contact: Kristian Teleki Phone: (972) 221-1199- Page 55 - Item No. 7. FL FLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FLFLFLFLFL FL FLFLFLFLFL FL 4 4 6 9 4 69 12 6 5 6 11 11 12 7 4 9 6 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 5 6 5 7 6 3 3 5 3 3 6 5 5 88 6 5 5 5 6 6 3 3 3 3VVV VVVV5 6 5 6 2 22 2 66 55 5 4 8 8 5 4 4 5 6 6 5 9 9 8 8 66 66 6 6 5 4 4 5 5 5 33 FL FLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FLFLFLFLFL FL FLFLFLFLFL FL 4 4 6 9 4 69 12 6 5 6 11 11 12 7 4 9 6 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 5 6 5 7 6 3 3 5 3 3 6 5 5 88 6 5 5 5 6 6 3 3 3 3VVV VVVV5 6 5 6 2 22 2 66 55 5 4 8 8 5 4 4 5 6 6 5 9 9 8 8 66 66 6 6 5 4 4 5 5 5 33 FL FLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FLFLFLFLFL FL FLFLFLFLFL FL 4 4 6 9 4 69 12 6 5 6 11 11 12 7 4 9 6 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 5 6 5 7 6 3 3 5 3 3 6 5 5 88 6 5 5 5 6 6 3 3 3 3VVV VVVV5 6 5 6 2 22 2 66 55 5 4 8 8 5 4 4 5 6 6 5 9 9 8 8 66 66 6 6 5 4 4 5 5 5 33 FL FLFLFLFLFLFL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFL FL FL FL FLFLFLFLFL FL FLFLFLFLFL FL 4 4 6 9 4 69 12 6 5 6 11 11 12 7 4 9 6 6 8 7 4 7 7 8 8 7 7 4 6 7 7 6 6 5 6 5 7 6 3 3 5 3 3 6 5 5 88 6 5 5 5 6 6 3 3 3 3VVV VVVV5 6 5 6 2 22 2 66 55 5 4 8 8 5 4 4 5 6 6 5 9 9 8 8 66 66 6 6 5 4 4 5 5 5 33 OHEOHEOHEOHEOHEOHEOHEX X X X X X XS 7627.730SAN. SEWER MANHOLE S 8628.140SAN. SEWER MANHOLE S 9625.340SAN. SEWER MANHOLE S 10623.660SAN. SEWER MANHOLE 98625.850POWER POLE OHL 99625.560POWER POLE OHL 100625.180POWER POLE OHL 107624.520POWER POLE OHL SSSS SS SS SS SS R.O.W. PARCEL 40-6 DOC NO. 2004-0172068 R.O.W. PARCEL 40-3 DOC. NO. 2004-0133410 R.O.W. PARCEL 40-4 DOC. NO. 20081112- 001322030 R.O.W. PARCEL 40-5 DOC. NO. 20081112- 001322070 LATTIMORE MATERIALS COMPANY, L.P. VOL. 5380, PG. 5848 D.R.C.C.T. LOT 1, BLOCK A OPHIR PASS ADDITION VOL. 2009, PG. 258 SOUTHERN STAR CONCRETE, INC. VOL. 5468, PG. 5436 M.A.H.G. PARTNERSHIP DOC. NO. 20100601000545080 S S S S S S S S S S S S S S S SSS S S S S S S S S60'13' AVENUE "C" - 89' ROW AVENUE "F" -49' ROWDALLAS PARKWAY(VARIABLE WIDTH RIGHT-OF-WAY)BLOCK H LOT 1 5.75 ACRES BLOCK I LOT 1 22.74 ACRES BLOCK N LOT 1 MULTI FAMILY 6.94 ACRES BLOCK J LOT 1 4.71 ACRES FLEX OFFICE BLOCK L LOT 1 6.10 ACRES MULTIFAMILY BLOCK M LOT 1 5.25 ACRES MULTIFAMILY BLOCK K LOT 1 3.95 ACRES DETENTION POND BLOCK G LOT 1 5.99 ACRES GARAGE 200 SPACES 12 ADA SPACES ±68,000 SF 2 LEVELS HOTEL ±134,880 SF8 STORIES200 KEYSGARAGE 680 SPACES 18 ADA SPACES ±244,800 SF 4 LEVELS OFFICE ±201,600 SF 8 STORIES GARAGE 3,260 SPACES 50 ADA SPACES 6 LEVELS ±162,285 SF OFFICE ±83,500 SF 4 STORIES OFFICE ±100,800 SF 4 STORIES OFFICE ±201,600 SF 8 STORIES OFFICE ±201,600 SF 8 STORIES OFFICE ±126,000 SF 5 STORIES FLEX OFFICE USE CONFERENCE ±50,000 SF 1 STORY HOTEL ±161,600 SF 200 KEYS 10 STORIES RETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS PRAIRIE ROAD 90' ROW SHAWNEE AVE - 90' ROWTWO POINTS OF ACCESS IN A 10' WIDE 2-HR RATED CORRIDOR SHALL BE PROVIDED TO COURTYARD R30'R30'R30'R30' R30'R30' R30'R30' R30'R30'R30' R30'R30' R30'R30' R30' R30' R30'R30' R30' R30'R30' R30' R30' R30'R30' R30'R30' R30'R30' R30' R30'R30' R30' R30' R30' R30'R30' R30' R30'R30' R30'R30' R30' R30' R30' R30' R30' LOVERS LANE 90' ROW FUTURE LOVERS LANE R30' R30' R15' R15' OFFICE PARK DISTRICT DOWNTOWN DISTRICT AVENUE "B" - 65' ROW OFFICE PARK DISTRICT MSW PROSPER 380, LP INST. NO. 20130102000003130 O.P.R.C.C.T. AVENUE "I" - 89' ROW AVENUE "K" -60' ROWAVENUE "J" -60' ROWRETAIL ±13,000 SF1 STORYOFFICE ±108,500 SF 4 LEVELSAVENUE "E" - 66.5' ROWDECEL LANEDOWNTOWN DISTRICT AVENUE "D" - 49' ROWDECEL LANEDECEL LANE30' FRONT YARD SET BACK 10' FRONT YARD SET BACK R30' 8' SIDEWALK (5' OFF BOC) 8' SIDEWALK (5' OFF BOC) SITE DISTANCES TO BE ANALYZED AT TIME OF ROAD DESIGN. BUILDING AND VAM EASEMENTS TO BE DESIGNED ACCORDINGLY. 10' BUILDING SETBACK 10' BUILDING SET BACK 10' BUILDING SET BACK EXISTING 40' SANITARY SEWER EASEMENT 30' BUILDING AND LANDSCAPE SETBACK APPROXIMATE ALIGNMENT PER CURRENT TOWN THOROUGHFARE PLAN. PROPOSED REALIGNMENT OF PRAIRIE ROAD AND SHAWNEE AVE IS SUBJECT TO APPROVAL OF A THOROUGHFARE PLAN AMENDMENT BY THE TOWN. THIS PLAN DOES NOT IMPLY APPROVAL OF THIS ALIGNMENT OR THE THOROUGHFARE PLAN AMENDMENT. 10' BUILDING SETBACK R30' ADA PARKING NOTE: ADA STREET PARKING ADJACENT TO BLOCKS K, L, M, AND N SHALL BE INSTALLED NEAR ULTIMATE BUILDING ENTRANCES. S89°42'50"W 927.8'N0°27'28"E335.9'N89°12'13"W 38.3'N0°00'21"E695.2'S89°22'33"W 1352.3'S0°29'12"E652.4'N89°38'03"E 1097.0' S4°34'35"W 592.8'S4°34'35"W592.8'∆=4°59'59" R=11659.2' L=1017.4' CB=N2°04'35"E C=1017.1' 9' 180' 203' 203' 20'126'20'21'6'340'18'26' 120'45'26'60'130' 13' 60' ROW 26'60'26'26' 110' ROW 26' 26'26'26'26'26'9' TYP.20' TYP.24'24'12'8' TYP.9'90' ROW24'26' 289.4' 440.5'20'126' 60' ROW 60' ROW 90' ROW49'222'1 0 '210'120' 12.5'10'10'10' FHFHFDC FH FH FH FH FH FH FH FH FH FH FH FDC FDCFDC FDC FDC FH FDC FDC FDC FDC FDC FDC FH FH FH FH FH FH FH FHFH FH FH FDC FH FDC FDC FDC FDC FDC (2) FH FH FHFH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FH FHFH FH FH FH FH FH FH 5' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK 25' LANDSCAPE SETBACK 15' LANDSCAPE SETBACK 26'26'26'26'26'26'26'250'731'328' 303'210'174'120'120'210'210'FDC 120' 26'26'210'120' FDC R30' 920'180'210'120' 60' 26'26'26'26' 26'26' 26' 26' 26' 26' 26'FLFLFLFLFL6 11 7 7 6 7 7 7 11 10 2 12 12 11V VVV12 12 11 12 1 5 5 FLFLFLFLFL6 11 7 7 6 7 7 7 11 10 2 12 12 11V VVV12 12 11 12 1 5 5 FLFLFLFLFL6 11 7 7 6 7 7 7 11 10 2 12 12 11V VVV12 12 11 12 1 5 5 FLFLFLFLFL6 11 7 7 6 7 7 7 11 10 2 12 12 11V VVV12 12 11 12 1 5 5X XXOHEOHEOHE97625.320POWER POLE OHL R.O.W. PARCEL 40-1DOC. NO. 20060313000324850S SS RETAIL 11,360 SF (71%)1 STORYRESTAURANT 4,640 SF1 STORYGARAGE 600 SPACES 11 ADA SPACES INTERNAL DUMPSTER 4 LEVELS RETAIL/RESTAURANT: ±5,155 SF AMENITY: ±9,826 SF GROUND-LEVEL UNITS W/ STREET-ACTIVATING FRONT PORCH: 8,535 SF REMAINING MULTIFAMILY: ±287,047 SF 4 STORIES 332 UNITS TWO POINTS OF ACCESS IN A 10'WIDE 2-HR RATED CORRIDOR SHALLBE PROVIDED TO COURTYARDRETAIL ±19,860 SF 1 STORY MULTIFAMILY ±509,750 SF 4 STORIES 380 UNITS N0°10'50"E 1582.3' 927.8' FH FH FH FDC FDC FH FH FH FH FH REVISIONSNo.DATESHEET NUMBER PROJECT NO. DATEDRAWN BYSCALEDESIGNED BYCHECKED BY6160 WARREN PARKWAY, SUITE 210, FRISCO, TX 75034PHONE: 972-335-3580WWW.KIMLEY-HORN.COMCJPJTCAS SHOWN© 2020 KIMLEY-HORN AND ASSOCIATES, INC.4/06/2020 064422219CHILDREN'S PROSPERTOWN OF PROSPER, TEXASRCSTEXAS REGISTERED ENGINEERING FIRM F-928Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date CJ PONTON 127280 4/06/2020 PSP-2PRELIMINARY SITE PLAN00 100'200' GRAPHIC SCALE 100' BLOCK H, LOT 1 8 STORY OFFICE ±201,600 GSF 8 STORY HOTEL ±134,880 GSF (200 KEYS) FAR: 1.43:1 LOT COVERAGE: 17% WIDTH: 360' DEPTH: 700' INTERIOR LANDSCAPING REQUIRED: 2220 SF INTERIOR LANDSCAPING PROVIDED: 2220 SF PARKING REQUIRED: 776 SP 201,600 SF OFFICE/(350)=576 SP 200 KEYS*(1 SP PER KEY)=200 SP HANDICAP REQUIRED: 20 PARKING PROVIDED: 785 105 SURFACE 680 GARAGE HANDICAP PROVIDED: 20 BLOCK I, LOT 1 4 STORY OFFICE ±100,800 GSF 4 STORY OFFICE ±83,500 GSF 5 STORY OFFICE ±126,000 GSF 8 STORY OFFICE ±201,600 GSF 8 STORY OFFICE ±201,600 GSF 10 STORY HOTEL ±161,600 GSF (200 KEYS) 1 STORY CONFERENCE 50,000 GSF FAR: 0.91:1 LOT COVERAGE: 19% WIDTH: 540' DEPTH: 1450' INTERIOR LANDSCAPING REQUIRED: 4965 SF INTERIOR LANDSCAPING PROVIDED: 4965 SF PARKING REQUIRED: 2382 SP 713,500 GSF OFFICE/(350)=2039 SP 200 KEYS*(1 SP PER KEY)=200 SP 50,000 GSF CONFERENCE/(350)=143 SP HANDICAP REQUIRED: 66 PARKING PROVIDED: 3511 251 SURFACE 3260 GARAGE HANDICAP PROVIDED: 66 BLOCK J, LOT 1 FLEX OFFICE 4.71 AC BLOCK K, LOT 1 DETENTION POND 3.95 AC BLOCK L, LOT 1 MULTIFAMILY 6.10 AC BLOCK M, LOT 1 MULTIFAMILY 5.25 AC BLOCK N, LOT 1 MULTIFAMILY 6.94 AC MATCHLINE SEE SHEET PSP-1 ZONING:PLANNED DEVELOPMENT OPEN SPACE REQUIRED (7%): 8.86 AC OPEN SPACE PROVIDED: (7%): 9.09 AC SITE DATA SUMMARY KEY MAP N.T.S 1"IPF1"IPF 1988 .68'N00°00'4 3"W 1332.71'N89°35'49"E ELEVATEDAREA SITE LOCATION U.S. HIGHWAY 380 DALLAS NORTH TOLLWAYCOUNTY ROAD NO. 3 BNSF RAILROADDOUBLE DUMPSTER SINGLE DUMPSTER ADA PARKING STALL 1. ALL OPEN SPACE AND LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN PD-41 2. BLOCKS A-L MUST CONFORM TO ALL REQUIREMENTS OUTLINED IN PD-41 3. FIRELANE SHALL BE PROVIDED IN ACCORDANCE WITH CURRENT TOWN OF PROSPER FIRE CODE REQUIREMENTS. FINAL LAYOUTS AND USAGE TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT 4. DUMPSTER/TRASH SERVICE LAYOUTS TO BE PROVIDED WITH FINAL DESIGN OF EACH BLOCK AND LOT. 5. DOWNTOWN DISTRICT SETBACKS PER PD-41 ARE 30' FRONT YARD ALONG DNT AND 380, AND 10' ALONG ALL OTHER STREETS. REAR YARD AND SIDE YARD SETBACKS ARE 0'. 6. OFFICE PARK DISTRICT SETBACKS PER PD-41 ARE 25' FRONT YARD ALONG DNT, AND 10' ALONG OTHER STREETS. REAR YARD AND SIDE YARD SET BACKS ARE 10'. 7. NO TREES EXIST ON SITE. 8. OFF-SITE AND/OR SHARED PARKING AGREEMENTS MAY BE REQUIRED TO ENSURE ALL USES PROVIDE MINIMUM REQUIRED PARKING ON-SITE PER ZONING ORDINANCE. NOTES AVENUE A PROVIDED: 60 SP AVENUE B PROVIDED: 25 SP AVENUE C PROVIDED: 25 SP AVENUE D PROVIDED: 10 SP AVENUE E PROVIDED: 105 SP AVENUE F PROVIDED: 79 SP AVENUE G PROVIDED: 116 SP AVENUE H PROVIDED: 46 SP AVENUE I PROVIDED: 48 SP AVENUE J PROVIDED: 52 SP AVENUE K PROVIDED: 44 SP ADA SPACES REQUIRED: 14 SP ADA SPACES PROVIDED: 14 SP ON STREET PARKING TABLE -1/350 SF BUSINESS OR OFFICE -1/1 EMPLOYEE ON LARGEST SHIFT FOR MEDICAL OFFICE BUILDING >20,000 SF -1/11/4 PER BED OR EXAMINATION ROOM FOR MEDICAL OFFICE BUILDING >20,000 SF -1 SPACE PER HOTEL KEY -1/250 RETAIL STORE -1/100 RESTAURANT OR CAFE -1.0 SP PER BED FOR 1 AND 2 BED MULTIFAMILY UNIT -0.5 SP FOR EACH ADDITION BED ROOM SUMMARY -OFFICE = 1,085,700 GSF -HOTEL = 400 KEYS -MULTI-FAMILY = 995 UNITS -RETAIL = 128,311 GSF -REST = 36,580 GSF -CONFERENCE = 50,000 GSF -MEDICAL OFFICE = 90,000 GSF TOTAL PARKING REQUIRED: 6,082 SPACES TOTAL PARKING PROVIDED: 7,733 SPACES ZONING PARKING REQUIREMENTS PRELIMINARY SITE PLAN CHILDREN'S PROSPER Being 126.513 Acres Out Of The COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY Town of Prosper, Collin County, Texas Abstract No. 147 Case Number: D20-0021 D20-0021 Engineer/Surveyor: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, TX 75034 Contact: C.J. Ponton, P.E. Phone: (972) 731-3802 Children's Health System of Texas 1935 Medical District Drive Dallas, TX 75235 Contact: Nathan Beckey Phone: (214) 456-7079 Owner:Owner: MSW Prosper 380 LP 320 W Main Street Suite 100 Lewisville, TX 75057 Contact: Kristian Teleki Phone: (972) 221-1199 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE PRELIMINARY 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 FACADE PLAN. 14.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. 15.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 16.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 17.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 18.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. 19.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 20.DRIVEWAYS OFF OF U.S. 380 SHALL BE APPROVED BY TXDOT. FINAL ALIGNMENTS OF ROADS AND DRIVEWAY CONNECTIONS SHOWN ON THIS PLAN ARE CONCEPTUAL AND SUBJECT TO FINAL APPROVAL BY TXDOT. 21.ROW DEDICATIONS SHALL BE PROVIDED AT RIGHT TURN LANES IN ACCORDANCE WITH TOWN OF PROSPER REQUIREMENTS. 22.A MINIMUM OF 75% OF THE FIRST FLOOR NON-RESIDENTIAL SQUARE FOOTAGE OF BUILDING CONTAINING RESIDENTIAL UNITS SHALL HAVE CERTIFICATES OF OCCUPANCY ISSUED FOR THEM PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR AN ADDITIONAL PHASE OF RESIDENTIAL UNITS SUBSEQUENT TO THE FIRST PHASE. 23.THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT SHALL CONSIST OF NO LESS THAN 600 UNITS AND NO GREATER THAN 1,200 UNITS. THIS FIRST PHASE SHALL BE CONSTRUCTED WITHIN THE DOWNTOWN SUB-DISTRICT. 24.SKYBRIDGE CLEARANCE WILL BE PER CODE AND SUBJECT TO LICENSE AGREEMENT WITH THE TOWN. 25.ALL LANDSCAPE ISLANDS SHALL BE A MINIMUM OF 9' WIDE. 26.CROSSWALKS AT DALLAS PARKWAY INTERSECTIONS TO BE AS CLOSE AS POSSIBLE TO THE INTERSECTION. NOTES - Page 56 - Item No. 7. LAKE POINT- Page 57 -Item No. 7. ProsperIndependentSchoolDistrictrevisionno.datebydatescaleverthoriztnp projectsheetHUC20046Town of Prosper, TexasProsper Independent School DistrictNew Elementary No. 14yAPR 2020Town Approved Plansteague nall and perkins, inc5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 ph 817.336.2813 fxwww.tnpinc.comTBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381GBPE: PEF007431; TBAE: BR 26731"=60'N/A/SITE PLANSITE PLAN FORPROSPER ELEMENTARY SCHOOLNo. 14BLOCK A, LOT 1TOWN OF PROSPER, DENTONCOUNTY, TEXASDATE PREPARED: APRIL 2020BUILDING AREA SUMMARYSITE DATA SUMMARYFEMA NOTEWATER METER TABLELEGENDTOWN CASE # D20-0034SITE PLAN NOTES- Page 58 -Item No. 7. ProsperIndependentSchoolDistrictrevisionno.datebydatescaleverthoriztnp projectsheetHUC19068Town of Prosper, TexasProsper Independent School DistrictNew High SchoolAPRIL 2020Town Approved Plansteague nall and perkins, inc5237 N. Riverside Drive, Suite 100Fort Worth, Texas 76137817.336.5773 ph 817.336.2813 fxwww.tnpinc.comTBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381GBPE: PEF007431; TBAE: BR 26731"=100'N/A1SITE PLANLEGENDFEMA NOTEWATER METER TABLESITE PLAN NOTESSITE DATA SUMMARYBUILDING AREA SUMMARYSITE PLAN FORPROSPER HIGH SCHOOL No. 3ADDITIONBLOCK A, LOT 1TOWN OF PROSPER, COLLINCOUNTY, TEXASDATE PREPARED: APRIL 2020TOWN CASE #D20-0004TRAIL NOTE- Page 59 -Item No. 7. R(I) -Y(2)­Q(3)­C(4)­B1G1-111(1)­ WO>­ ,a(al­ Jil@:0-•�{�!:12) -- t!.5�J) -·. I \ & \ I I I I I \ l I I \ \ -------- ,�i. l I I' ml 0 tt I ;; <( "' 1�'; D ' z "' / / '.o/,,-'iP FIRE LANE WEST 5TH STREET 102+00 o·-�-ILB 20· 40' l ____ j l_j I� \ I L() I � SC ALE: 1" = 20' 11 /20.00 6, \ 11 I 1 1 ; _j \ Ii BUILDING SETBACK TABLE LANDSCAPE SETBACK TABLE -658 l I / LOT 1 \I Ii / A 1\ 11 I rt 26.04 BLOCK I ( I I I I I I l \ I f \i "" FRONT REAR EAST WEST 5' o·o·o· FRONT REAR EAST SOUTH !I 20.0 I l ----. --- --.._ I "�"-· \1-L = = = I =I I\ i-r-----...,.._.,,=-::::,,=._���-Q-------O------o---o---o-------0--0---·:/ � 1 s_ 78 °29'02" E �·B!: I I �0 I 5' LANDSCAPE SETBACK -r ----r: \ \ � __ ___ci' LANDSCAP£_SETBACK -� + �-- - - - -I 10.00· [',.c I \ DRAINAGE zoNE-I EASEMEN T 1 I I I I t\) I _) r I I 'I o·o· 5' 5' ___ _J \ \� � I \ I I I LOT 2 I /\ \ � I II BLOCK A �15.00' WATER 25/ � t I I EASEMENT t{g � -\ cl I /I -.- __ ___________, I 1 � I I /s \ \1� I I N \ :\ \ ii: ----{ } � ·es, \ : � ,:,-__) I I I � / / \ (/J 'I s10R'< \\-1 ---_ 1 )zoNE-Ac / \ I I \ 1 ����G j \ -1 ----/ I I I \ I\ f.f."'653.57 , , ''fN-sr1Aoso /------I I / .,.,-, � 1.--. ' I zoNE-_f>..c�---, __I , ,� .,c: '/.. ----...... \ / , r\·f"\{_ ----- \ \ Z0""' ( ( ---' -f---_ r I "' --'. - -----------+-_ - -N;.sr1f>..DE-D \ \ \ I � / \: � --\-zoNE-'/.. \\ \ I -; I I'\ \ \ ' --------654--°'f2. 658 _ � l) (:/ ----( '-=- - IOWNER/APPLIC-ANT I �TfSAVOY I 1701 HONEYSUCKLE LANE, PROSPER, TX 75078 I 214-546-444 l _.,,,, ---- SURVEYOR EAGLE SURVEYING 210 S. ELM ST, SUITE 104 DENTON, TX 76201 940-222-3009 -- --{ -- WEST--B�OADW � Y JTJ2EET � u'"" / -- --- D 1-­w w 0: + J­U) I>-� I g� +c1; 01 � T � lo T� 0 lo t D (__ C SITE DATA SUMMARY TABLE EXISTING ZONING PROPOSED USE LOT 1 AREA BUILDING AREA 1 NEW BUILDING HEIGHT LOT COVERAGE LOT 1 PARKING REQUIRED LOT 1 PARKING PROVIDED LOT 1 HANDICAP REQUIRED HANDICAP PROVIDED IMPERVIOUS SURFACE OPEN SPACE REQUIRED OPEN SPACE PRO�DED DUMPSTER ENCLOSURE PROPOSED BUILDING SQUARE FOOTAGES SLAB AREA COVERED PORCH OFFICES SIDE PORCH WAREHOUSE DTC -DOWNTOWN COMMERICAL WAREHOUSE/OFFICE 15,631 SF (0.359 ACRES GROSS) 15,479 SF (0.355 ACRE NET) 5,272 SF NEW BLDG 22' (1 STORY) 33.1% (5,272 SF/ 15,479 SF) NEW REQUIRED (1: 350 OFFICE (1,100sf), 1 PER 1000 WAREHOUSE ( 4, 172sf) 8 REQUIRED 50% REDUCTION ALLOWANCE FOR DTC 4 REQUIRED AFTER REDUCTION 6 PROVIDED 1 REQUIRED 1 PROVIDED 12,605 SF (0.289 ACRES) 7.00% OF NET LOT 1,032 SF LOT 1 LOT 1 17.4% (2,690 SF) OF LOT 1 1 PER LOT SQ FT. 48 SF 2,012 SF 28 SF 3,161 SF nl I I I L.J ,n, I � 6TH � -...____ � 5TH ,_ BROADWA 0.1 3f{I) 2ND 1ST u ,,, -,, ,· 8289 239 / -) -�_PR� J80 CITY VICINITY MAP SCALE 1" = 2000' LEGEND----PROPERTY LINE OLD TOWN PA VING --1020-EXISTING CONTOURS PROPOSED CURB FUTURE CURB--IZill-PROPOSED CONTOUR -ss -ss -SA NITARY SEWER LINE BUILDING SETBACK TABLE LANDSCAPE SETBACK TABLE -w -w -WATER LINE OVERHEAD ELECTRIC LINE ( FRONT 5' FRONT o' REAR o·REAR 5' EAST o·EAST 5' UTILITY TABLE WEST o·WEST o·LOT 1 5/8" DOMESTIC WATER METER 5/8" IRRIGATION METER 6" SEWER SERVICE GENERAL SITE PLAN NOTES 1.ALL PARKING SPACES SHOWN ARE 9' WIDE BY 20' DEEP, HANDICAP INCLUDED. ALL PARALLEL PARKING SPACES ARE 8' WIDE BY 22' LONG 2.CONNECT WATER AND SEWER SERVICE TO PROPOSED WATER AND SEWER STUB OUTS PER THESE PLANS SITE DIMENSION CONTROL NOTES 1.ALL RADII ARE 1.5' BACK OF CURB UNLESS OTHERWISE NOTED ON THE PLAN. 2.ALL DIMENSIONS ARE TO THE BUILDING ENVELOPE, EDGE OF PAVING OR BACK OFCURB PROJECT REFERENCE NOTE THIS PROJECT WILL REFERENCE THE TOWN OF PROSPER "OLD TOWN STREETS IMPROVEMENTS" PROJECT PREPARED BY KIMLEY HORN, TOWN BID 2018-72-B AS "OLD TOWN STREETS". SAID PROJECT IS CURRENTLY UNDER CONSTRUCTION AND THIS PROJECT WILL CONNECT TO IT'S EDGES OF PAVEMENT, WATER LINES AND SEWER LINES. TOWN OF PROSPER SITE PLAN NOTES -Ol,E-OHE------STREET CENTER LINE FFE FINISH FLOOR ELEVATION FC FA CE OF CURB BC BACK TOP OF CURB EP EX. EDGE OF PA VEMENT FG FINISHED GRADE TW TOP OF WALL BW BOTIOM OF WALL 1.2% VA LLEY SLOPE +--PROPOSED FIRE HYDRANTS � POWER POLE & GUY WIRE � AIR CONDITIONING UNIT � EX. WATER METER © EX. SEWER CLEANOUT 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONINGORDINANCE AND SUBDIVISION REGULATION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE COMPREHENSIVE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. AL TERNA Tl VE FIRE PROTECTION MEASURESMAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA)AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO PLANNING DIRECTOR APPROVAL AND SHALL CONFORM TO THE APPROVED FA<;ADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6') FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5') IN WIDTHALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS. 15.APPROVAL OF THE SITE PLAN JS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER. 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 COMPREHENSIVE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF (18) MONTHS FROM THE DA TE OF APPROVAL BY THEPLANNING AND ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY IS NULL AND VOID. TOWN OF PROSPER CASE # 019-0025 SOLi DEO GLORIA # REVISION DATE a-----1------t----1 -0 z Oz .....J 0 0-U)1--<( 0er: :::J I- 0: w I-a.U) 0 0 I- w ---., 0 a: a.. 0 z w I-(f) w $ z :5 a.. w I--(f) ::J z w � CD -,-- I-U) I-w w 0: I-U) I-L() I-U) w p 0: w a. U) 0 0: JOB NUMBEH 2018-0 06 ISSUED, APRIL 10, 2020 SCALE, 1'• 20 FEET SHEET (;-1.f) - Page 60 - Item No. 7. PROJECT LOCATION OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEGLENBROOKE ESTATES PHASE 1 Cab. X, Pg. 717 PRDCT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 62 61 Lot 30, Blk X (open space) 13 14 15 16 17 19 18 SAVANNAH PHASE 3Cab. V, Pg. 378 PRDCTLot 5, B l o c k A SAVAN N A H T O W N CENTE R A D D I T I O N Doc. No . 2 0 1 8 - 4 8 2 P R D C T E 1 LOT 17 , B L O C K A 11.475 A c . (499,8 3 4 s . f . ) LOT 15 , B L O C K A 2.041 A c . (88,913 s . f . ) LOT 18 , B L O C K A 10.146 A c . . (441,94 3 s . f . ) LOT 12 , B L O C K A 8.252 A c . (359,02 8 s . f . ) LOT 1, B L O C K A 1.684 A c . (73,371 s . f . )var. width R.O.W.2-1 32-UNITS 3-STORY BUILDING HE I G H T ( 5 0 ' ) POOL AREA 6,750 sq. ft 2-STORY BUILDING HE I G H T ( 4 0 ' ) LEASING (2 LEVELS) CLUBHOUSE (2 LEVELS) FITNESS (2 LEVELS) 2-2 35-UNITS 4-STORY BUILDING HEI G H T ( 6 5 ' ) 2-3 62-UNITS 4-STORY BUILDING HEIGHT (65') 2-5 46-UNITS 3-STORY BUILDING HEIGHT (50') 2-4 62-UNI T S 4-STOR Y BUILDIN G H E I G H T ( 6 5 ' ) TRASH TRASH TRASH TRASH TRASH MAINT. BLDG BLDG 2-5 FF: 569.0 BLDG 2-1 FF: 571.5 BLDG 2-3 FF: 570.0 BLDG 2-2 FF: 571.0 BLDG 2 - 4 FF: 568 . 0 359.66' S00° 55' 26.90"W280.61' S17° 14' 23.17"W203.54' N72° 45' 36.83"W 198.01' N 8 9 ° 0 4' 3 3 . 1 0 " W305.14' N00° 55' 26.90"EL=47.68',R= 8 1.0 0'71.50' N00° 55' 26.90"E131.45' N72° 45' 36.83"W L =1 7 2 .5 8 ',R =2 1 5 .0 0 ' L =1 4 0 .5 3 ',R =2 1 5 .0 0 '381.43' N08° 41' 52.17"E78.34' N81° 1 8 ' 0 7 . 8 3 " W 155.98' N81° 1 8 ' 0 7 . 8 3 " W 1133.27' S72° 45' 36.83"E L=68.17',R=1185.76'MAIL BLDGMAIL BLDGFF: 569.8MAINT. BLDG FF: 568.0 XXX X X XX 26' F.A.D.U. ESMT. 26' F.A.D.U. ESMT. 26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.26' F.A.D.U. ESMT.TRASH LOADING AREA TRASH LOADING AREA TRASH LOADING AREA TRASH LOADING AREA ADA RAMP ADA RAMP TEMPORARY DEAD END FIRE LANE 14' TRAIL (BY OTHERS)ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP ADA RAMP 10' W.E. 10' W.E. 10' W.E.15'X10' W.E.15'X10' W.E. 15'X10' W.E. 10' W.E. FH 1" WMFH ±50 LF ±2-FT OF RETAINING WALL 15'X10' W.E. 3" WM 3" WM 3" WM 3" WM 1" WM 3"WM REMOTE FDC 1" WM REMOTE FDC REMOTE FDC 14' TRAIL (BY OTHERS)REMOTE FDC 10' W.E. FH FH FH 10' W.E. EXPOSED GRADE BEAM EX. 26' F.A.D.U. ESMT.EX. 26' F.A.D.U. ESMT.EX. 30' F.A.D.U. ESMT.EX. 30' F.A.D.U. ESMT.REMOTE FDC ADA RAMP P:\PR58039\Cadd\Models\Civil\C-SP0001.dwg 3/23/2020 5:28:44 PM Miller, NathanPLOTTED: 3/24/2020 9:15:12 AM0 50'100' HORIZONTAL SCALE SITE DATA SUMMARY TABLE LOT ZONING PROPOSED USE LOT AREA FIRST FLOOR BUILDING AREA TOTAL BUILDING AREA UNIT COUNT BUILDING HEIGHT LOT COVERAGE FLOOR AREA RATIO REQD. PARKING RATIO PARKING REQD.PARKING PROVD.* REQD. HANDICAP PARKING INTERIOR LANDSCAPE REQD. INTERIOR LANDSCAPE PROVD. IMPERVIOUS AREA OPEN SPACE REQD. OPEN SPACE PROVD.** N/A N/A N/A SF AC SF SF TOTAL 1B 2B 3B #2-1(FT/ST)#2-2(FT/ST)#2-3(FT/ST)#2-4(FT/ST)%N/A SPACES/UNIT 1B(1.8)2B(1.8)3B(2.0)TOTAL SURFACE PARALLEL GARAGES TOTAL SPACES SF SF SF SF SF 18 PD MULTI-FAMILY 441,943 10.15 99,752 282,821 237 119 93 25 40'&50'/2&3 65'/4 50'/3 65'/4 22.6 0.6399:1 1.8 & 2.0 215 168 50 433 403 (91%)40 (9%)0 443 10 8,860 15,875 189,613 30,936 LOTS 14/19 TYPICAL BUILDING ADJACENT PARKING SPACETYPICAL PARKING SPACE TOWN GENERAL NOTES: 1.DUMPSTERS & 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 LIGHT SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE & 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 S.F. OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED & CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10.HANDICAPPED PARKING AREAS & BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) & WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL 12.ALL FENCES & RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN & ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL & SHALL CONFORM TO THE APPROVED FACADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6) FEET IN WIDTH ALONG THOROUGHFARES & COLLECTORS & FIVE (5) FEET IN WIDTH ALONG RESIDENTIAL STREETS, & 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 SERVICES DEPARTMENT. 16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 21.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED & RECEIVED APPROVAL OF ENGINEERING PLANS & BUILDING PERMITS. IF THE ENGINEERING PLANS & BUILDING PERMITS ARE NOT APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE PLAN FOR THE PROPERTY, IS NULL & VOID. PLAN GENERAL NOTES: 1.LOT 18 WHICH CONSISTS OF A MAXIMUM OF 237-UNITS, CONSTRUCTION MAY NOT COMMENCE UNTIL VERTICAL CONSTRUCTION OF THE FIRST FLOOR FRAMING HAS BEGUN ON THE MIN. 50,000 S.F. BUILDING ON LOT 12. 2.DO NOT SCALE ANY DIMENSIONS. 3.ALL FIRE LANES SHALL BE 27' BACK-TO-BACK UNLESS OTHERWISE NOTED. NON-FIRE LANE DRIVE AISLES SHALL BE 25' BACK-TO-BACK UNLESS OTHERWISE NOTED. 4.ALL FIRE LANE INSIDE RADII SHALL BE 30' TO FACE OF CURB UNLESS OTHERWISE NOTED. NON-FIRE LANE DRIVE AISLE INSIDE RADII SHALL BE 10' TO FACE OF CURB. UNLESS OTHERWISE NOTED. 5.ALL SITE SIGNAGE, TRANSFORMERS, AC CONDENSER AND SITE LIGHTING (E.G. LAMP MODEL, LOCATION, SIZE, HEIGHT, FOOT CANDLE LEVEL, & ORIENTATION) SHALL CONFORM TO TOWN OF PROSPER STANDARDS. 6.ALL LANDSCAPING SHALL CONFORM TO THE TOWN OF PROSPER STANDARDS. 7.THE BUILDING FOOTPRINTS SHOWN HEREON ARE THE EXTENTS OF THE FOUNDATIONS' CONCRETE SLABS. SEE ARCHITECTURAL PLANS FOR ACTUAL BUILDING SIZES. 8.ALL SCREENING WALLS SHALL CONFORM TO THE TOWN OF PROSPER STANDARDS AND SPECIFICATIONS. 9.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE TOWN OF PROSPER CODE OF ORDINANCES. 10.ANY REVISIONS TO THIS PLAN WILL REQUIRE CITY APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 11.ALL DIMENSIONS SHALL BE TO THE FACE OF CURB. TYPICAL BUILDING ADJACENT ADA PARKING SPACE LEGEND: PROP. 26' FIRE LANE 2' WYE INLET 10' CURB INLET FIRE HYDRANT 4' JUNCTION BOX 3" WATER METER W/ VAULT 1" WATER METERLANDSCAPE ISLAND REMOTE FDC TYPICAL DOUBLE ROW PARKING SPACE LANDSCAPE BUFFER EXIST. FIRE LANE (26' MIN.) BUILDING ENTRY/EXIT LOCATION - Page 61 - Item No. 7. Page 1 of 2 To: Mayor and Town Council From: Chuck Springer, Executive Director of Administrative Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon an ordinance of the Town of Prosper, Texas amending Chapter 13, “Utilities,” of the Town’s code of ordinances, by adding thereto a new Section 13.07.009, “No Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund” and authorizing the Town Manager to enter into a Memorandum of Understanding with Cornerstone Assistance Network of North Central Texas. Description of Agenda Item: This ordinance allows for the Town to waive utility charges for residential customers due to financial hardship. The amount waived can be up to the amount of the average town-wide residential bill in the same month. For example, if the average residential utility bill for the billing month of April was $120.00, then the maximum amount of waiver would be $120.00. The amount waived would be the actual amount of the bill up to the residential average. The residential waiver would be available to a residential customer for a maximum of two months over a twelve month period. The ordinance also temporarily stop disconnections of utility service and charging of late payment penalties while the Coronavirus Public Health Emergency declared by the Governor of the State of Texas is in effect. This agenda item will also give the Town Manager authority to enter into a Memorandum of Understanding with Cornerstone Assistance Network of North Central Texas. Under this agreement, Cornerstone will screen applications for assistance and recommend which residential utility customers should receive the waiver of charges. In discussions with Cornerstone, they may have funding to assist customers with bills above the Town’s average residential bill and could pay the additional difference directly to the Town at their discretion. Budget Impact: The adoption of the Coronavirus Disaster Economic Relief Fund will reduce Utility Fund revenues up to a maximum amount of $25,000 over the next twelve months. For reference, the total budgeted revenues of the Utility Fund for the current year are $24,953,626. This amounts to approximately 0.10% (one-tenth of one percent) of total Utility Fund Revenues. Prosper is a place where everyone matters. TOWN MANAGER’S OFFICE - Page 62 - Item No. 8. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.P., has approved the Ordinance and Memorandum of Understanding as to form and legality. Attached Documents: 1. Ordinance 2. Memorandum of Understanding Town Staff Recommendation: Town staff recommends approval of an ordinance of the Town of Prosper, Texas amending Chapter 13, “Utilities,” of the Town’s code of ordinances, by adding thereto a new Section 13.07.009, “No Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund” and authorizing the Town Manager to enter into a Memorandum of Understanding with Cornerstone Assistance Network of North Central Texas. Proposed Motion: I move to approve an ordinance of the Town of Prosper, Texas amending Chapter 13, “Utilities,” of the Town’s code of ordinances, by adding thereto a new Section 13.07.009, “No Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund” and authorizing the Town Manager to enter into a Memorandum of Understanding with Cornerstone Assistance Network of North Central Texas. - Page 63 - Item No. 8. Ordinance No. 2020-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 13, “UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES, BY ADDING THERETO A NEW SECTION 13.07.009, “NO PENALTIES OR DISCONNECTIONS DURING CORONAVIRUS PUBLIC HEALTH EMERGENCY; AND CREATION OF CORONAVIRUS DISASTER ECONOMIC RELIEF FUND”; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about April 1, 2020, the Town Council adopted Ordinance No. 2020- 26, which Ordinance declared a disaster due to the Coronavirus public health emergency; and WHEREAS, in Ordinance No. 2020-26, the Town Council made multiple findings of facts, all of which are hereby incorporated into this Ordinance by reference; and WHEREAS, the Town, as a home-rule municipality, possesses the full power of self- government, pursuant to article XI, section 5 of the Texas Constitution, which includes the authority to legislate for the betterment and health of its citizens; and WHEREAS, article III, section 52-a of the Texas Constitution authorizes local governments to make loans or grants of money “for the public purposes of development and diversification of the economy of the state, the elimination of unemployment or underemployment in the state, the stimulation of agricultural innovation, the fostering of the growth of enterprises based on agriculture, or the development or expansion of transportation or commerce in the state”; and WHEREAS, Chapter 380 of the Texas Local Government Code provides in Section 380.001 thereof, that municipalities “may establish . . . programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality”; and WHEREAS, Section 122.006 of the Texas Health and Safety Code provides, in part, that home-rule municipalities may “adopt rules to protect the health of persons in the municipality”; and WHEREAS, during the pendency of the state of public health emergency as declared by the Governor, it is the intent of the Town to charge no late fees or penalties, or disconnect any utility services, to any utility customers in the Town; and WHEREAS, the proposed Coronavirus Disaster Economic Relief Fund, the purpose of which is to assist Town residents who temporarily need short-term assistance in paying Town utility bills, clearly promotes both the public health and economic vitality of the Town, provides temporary assistance to residents in need, and helps maintain the economic wellbeing of the Town and its residents, and as such, constitutes a valid public purpose under Texas state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: - Page 64 - Item No. 8. Ordinance No. 2020-__, Page 2 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, existing Article 13.07, “Utility Bills,” of Chapter 13, “Utilities,” of the Town’s Code of Ordinances is hereby amended by adding thereto a new Section 13.07.009, “Coronavirus Disaster Economic Relief Fund,” to read as follows: “ARTICLE 13.07 UTILITY BILLS * * * Sec. 13.07.009 No Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund (a) Late Payment Penalties and Disconnections. Notwithstanding any provision in this Article to the contrary, during the pendency of the Coronavirus Public Health Emergency declared by the Governor of the State of Texas, the Town shall not charge any late payment fees or penalties, or terminate service to, any utility customer (either residential or commercial). (b) Coronavirus Disaster Economic Relief Fund (1) Purpose. The Town hereby authorizes up to $25,000.00 in reductions in monthly single-family residential utility billings for Town residents who are eligible and qualify for such reductions pursuant to the terms of this Section. (2) Determination of Amount of Monthly Single-Family Residential Utility Billings Eligible for Reduction. Town utility account holders are eligible to receive up to two (2) months’ worth of monthly single-family residential utility billings reduction in any twelve (12) month period. Monthly single-family residential utility billings shall be determined as follows: the Town-wide average monthly billing amount for single-family residential water and wastewater services, plus the standard single- family residential garbage service fee and the standard single-family residential drainage fee, with all amounts as determined by the Town in its sole discretion. (3) Determination of Eligibility for Reduction. The Town may utilize a partner agency to assist in determining eligibility for any Reduction, and the Town Manager is authorized to enter into an agreement or memorandum of understanding with such partner agency. The partner agency shall utilize objective criteria in determining eligibility for any Reduction, but shall consider both financial hardship and the ability of a utility account holder to afford to pay all or part of his or her monthly utility billing, utilizing such criteria as the partner agency determines to be appropriate under the circumstances, without regard to age, race, sex, marital status, disability, religious affiliation or any other legally protected status. Besides determining eligibility for any Reduction, the partner agency shall promptly make a recommendation to the Town of any proposed amount of such Reduction, never to exceed the monthly amount determined in accordance with Subsection (b), - Page 65 - Item No. 8. Ordinance No. 2020-__, Page 3 above. The Town may accept, deny or modify the recommendation from the partner agency. If accepted, the Town shall credit the account holder the amount of any such Reduction suggested by the partner agency and approved by the Town. (4) Expiration of Fund. The Coronavirus Disaster Economic Relief Fund shall expire on May 1, 2021, without further action by the Town.” SECTION 3 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 4 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. SECTION 5 This Ordinance shall become effective from and after its adoption, as provided by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney - Page 66 - Item No. 8. - Page 67 - Item No. 8. - Page 68 - Item No. 8. Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign District-5 (SPSD-5), regarding Unified Development and Monument Sign regulations, in Windsong Ranch Marketplace, located on the northeast corner of US 380 and Gee Road. Description of Agenda Item: The applicant is requesting a reduction to the required 75-foot sign separation for Unified Development Signs and Monument Signs, in order to allow for relocation of an existing Unified Development Sign in Windsong Ranch Marketplace (UD2). The purpose of the sign relocation is the result of recent TxDOT right-of-way acquisition associated with plans for an overpass at Gee Road. The recent right-of-way acquisition has caused the existing monument sign to be located in the right-of-way. The applicant is proposing to relocate the sign approximately 27 feet east, outside the right-of-way and existing easements, as shown below. Prosper is a place where everyone matters. PLANNING - Page 69 - Item No. 9. Page 2 of 3 The existing monument signs were permitted in accordance with SPSD-5 and the Sign Ordinance, which requires a minimum 75-foot sign separation. The applicant is requesting an approximate 67-foot sign separation. The Unified Development Sign to be relocated will remain identical with regard to size, material, content, and design, as shown below. Staff recommends approval of the request as submitted. Legal Obligations and Review: Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Location map 2. Current SPSD-5 3. Proposed SPSD Exhibits 4. Ordinance 5. Ordinance Exhibits Town Staff Recommendation: Staff recommends the Town Council approve an ordinance amending Special Purpose Sign District-5 (SPSD-5), regarding Unified Development and Monument Sign regulations, in Windsong Ranch Marketplace, located on the northeast corner of US 380 and Gee Road. - Page 70 - Item No. 9. Page 3 of 3 Proposed Motion: I move to approve an ordinance amending Special Purpose Sign District-5 (SPSD-5), regarding Unified Development and Monument Sign regulations, in Windsong Ranch Marketplace, located on the northeast corner of US 380 and Gee Road. - Page 71 - Item No. 9. MD20-0003 U N IV E R S IT Y D RGEE RDUS H I GH WAY 3 8 0 WINDSONG PKWYCROSSVINE DRDOLOROSA LN MILBY DR LOCKWOOD DR BLUESTEM DRBELKNAP WAY±0 375 750187.5 Feet- Page 72 - Item No. 9. - Page 73 - Item No. 9. - Page 74 - Item No. 9. - Page 75 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 4 - Page 76 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 5 - Page 77 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 6 - Page 78 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 7 - Page 79 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 8 - Page 80 - Item No. 9. EXHIBIT A Ordinance No. 16-68, Page 9 - Page 81 - Item No. 9. Exhibit B Statement of Intent and Purpose On behalf of UCD Real Estate, Comet Signs is requesting approval of a Special Purpose Sign District for the approved property of Windsong Ranch, located at 4650 West University Drive. This Special Purpose Sign District will only address the free-standing signage along West University Drive, Gee Road, and South Windsong Parkway, as well as the building signage for Kroger, Home Depot and the Kroger Fuel Center. All or any future submissions for signage at this property will follow the standard sign ordinance of the Town of Prosper. We are requesting a special purpose sign district to allow the construction of five (5) unified type monument displays, Kroger Fuel Center signage, and larger than code allowance signage for both Kroger and Home Depot wall signs. The requested signage was designed to provide minimum yet adequate visibility from West University Drive, South Windsong Parkway and Gee Road, providing much needed business identity while maintaining a unified visual harmony throughout the center. Specifically, the proposed deviations to the Sign Ordinance are as follows: • Additional Unified Developments, spaced less than 750 feet apart Although UD1 and UD5 are less than 750 feet apart from UD2 and UD4, respectively, these signs are not on the same frontage as UD2 and UD4. UD1 is located on Gee Road frontage, and UD5 is located on Windsong Ranch frontage. The code allows for one unified development sign per street frontage. In addition, the Unified Developments are proposed to allow for encroachment into the 1’-0” setback due to restrictions with the City of Irving waterline easement. • Digital fuel pricing signs located on off-site lots and on the fuel canopy Due to the competitiveness of fuel pricing and the distance that these signs are separated from each other, the fuel pricing units will have greater exposure, thus driving more business to the location. In addition, Kroger uses thee electronic type price changes due to the ease of uploading prices from their corporate office, as opposed to relying on an on-site employee to change the pricing daily on a scrolling or static type display. We ask the council allow the fuel price changers in lieu of the Kroger Fuel logo. Ordinance No. 16-68, Page 10 - Page 82 - Item No. 9. • Increased wall sign height The sign sizes being requested are compatible with the Section 1.2 Special Purpose Sign District E(1) (a,b,& c) and give the tenant a proportionate size and scale of signage in comparison with the building, which is a total of 41’ 8”. We appreciate your consideration in this matter. Thank you, Dean Kraus Comet Signs 972-870-1594 Ordinance No. 16-68, Page 11 - Page 83 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size KROGERM1 216’216’1141'-0"1121'-0"973'-0"999'-0"600'-0"600'-0"UD1 UD2 UD3 UD4 UD5 M2 M3 M4 M5 M6 M7 M8 M9 scale:1”=200’ 75'75' 94'267’267’745'-0"798'-0"228'-0"198'-0"75'75'F1 FUEL CENTER 495'-0"495'-0"96'154'SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” EXHIBIT - C E University DrGee RdWindsong Pkwy SSIGN MAY ENROACH MINIMUM 1'-0” SETBACK SIGN MAY ENROACH MINIMUM 1'-0” SETBACK SIGN MAY ENROACH MINIMUM 1'-0” SETBACK Ordinance No. 16-68, Page 12 - Page 84 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE 3M 3630-26 GREEN AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE EXHIBIT - D-1 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0” KROGER File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes.12’-0” OAH8’-4”3’-10”4’-6”2’-3”1’-10” 1’-2 1/2” 6” 3”4”4”1’-3 1/4” Ordinance No. 16-68, Page 13 - Page 85 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0”12’-0” OAH8’-4”3’-10”4’-6”2’-3”6” 3”4”4”1’-3 1/4” OPTION 1 EXHIBIT - D-1Ordinance No. 16-68, Page 14 - Page 86 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0”12’-0” OAH8’-4”2’-11 3/4”5’-5 1/4”2’-3”6” 3”4”4”1’-6 1/2” OPTION 2 EXHIBIT - D-1Ordinance No. 16-68, Page 15 - Page 87 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size 10’-0”20’-0” OAH14’-0”8’-8”4’-4”3’-6”2’-6”3’-11”6” 8” 4” 3’-0” II6’-2”4”AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREAUd3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED UD2 LOCATED ON 380 FRONTAGE AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” EXHIBIT - D-3 3M 3630-26 GREEN3’-7 3/4” 11” 2”2” 2” 2” 2” Ordinance No. 16-68, Page 16 - Page 88 - Item No. 9. 10’-0”20’-0” OAH14’-0”8’-8”4’-4”3’-6”2’-6”3’-11”3M 3630-36 BLUE 3M 3630-26 GREEN1’-11” 1’-4 1/2” 6” 8” 4” 3’-0” II6’-2”4”AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis File Name: 15-1767 R27 - Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA EXHIBIT - D-3 Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED KROGER UD2 LOCATED ON 380 FRONTAGE R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” Ordinance No. 16-68, Page 17 - Page 89 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG 10’-0”20’-0” OAH14’-0”4’-6”2’-6”3’-11”3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’-0”EE 4”AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’-6”TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” EXHIBIT - D-43’-10” 10 ½ ” 2” 2” 2” 2” Ordinance No. 16-68, Page 18 - Page 90 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE EXHIBIT - D-4 SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. 10’-0”20’-0” OAH14’-0”4’-6”2’-6”3’-11”3M 3630-36 BLUE 3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’-0”EE 4”AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’-6”1’-11” 1’-4 1/2” KROGER TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” Ordinance No. 16-68, Page 19 - Page 91 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F SIGN ELEVATION D/F SIGN ELEVATION UD4 LOCATED ON 380 FRONTAGE NTS 75’-0” NEW EXHIBIT EXHIBIT - D-4.2Ordinance No. 16-68, Page 20 - Page 92 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA4’-6”4’-6”8”8”4”4”1”1”6’-0”6’-0”MATCH BLDG. TRIM MATCH BLDG. STONE BELL BOX BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN6”6”BLACK BLACKCABINET CABINET LEXAN SIGN FACES LEXAN SIGN FACES D/F MONUMENT SIGN Scale: 1/4"=1'-0" SEVEN (7) REQUIRED4’-6”8”4”1”6’-0”MATCH BLDG. TRIM SINGLE TENANT MULTI-TENANT MULTI-TENANT MATCH BLDG. STONE BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN6”BLACK CABINET LEXAN SIGN FACES M 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA M2 M8 M2 AND M9 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGEM2 AND M8 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGE 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” EXHIBIT - D-5Ordinance No. 16-68, Page 21 - Page 93 - Item No. 9. Ordinance No. 16-68, Page 22 - Page 94 - Item No. 9. Ordinance No. 16-68, Page 23 - Page 95 - Item No. 9. Ordinance No. 16-68, Page 24 - Page 96 - Item No. 9. Ordinance No. 16-68, Page 25 - Page 97 - Item No. 9. Ordinance No. 16-68, Page 26 - Page 98 - Item No. 9. Ordinance No. 16-68, Page 27 - Page 99 - Item No. 9. Ordinance No. 16-68, Page 28 - Page 100 - Item No. 9. Ordinance No. 16-68, Page 29 - Page 101 - Item No. 9. Ordinance No. 16-68, Page 30 - Page 102 - Item No. 9. Ordinance No. 16-68, Page 31 - Page 103 - Item No. 9. Ordinance No. 16-68, Page 32 - Page 104 - Item No. 9. Ordinance No. 16-68, Page 33 - Page 105 - Item No. 9. EXHIBIT E – SIGN SCHEDULE / DEVELOPMENT STANDARDS Unified Development Signs: UD1 – Shall be permitted to be located within 750’ of UD2, in accordance with Exhibit C. UD2 – Shall be permitted to be located within 750’ of UD1, in accordance with Exhibit C. UD4 – Shall be permitted to be located within 750’ of UD5, in accordance with Exhibit C. UD5 - Shall be permitted to be located within 750’ of UD4, in accordance with Exhibit C. UD2, UD3, and UD4 - Shall be permitted to encroach the 1’-0” setback requirement, in accordance with Exhibit C. Wall Signs: B1 – Shall be permitted to be a maximum of 12’ 6” in height. B2 - Shall be permitted to be a maximum of 8’ 6” in height. B3 - Shall be permitted to be a maximum of 5’ in height. B13 - Shall be permitted to be a maximum of 6’ in height. Digital Fuel Pricing Signs: UD2 – Digital fuel pricing shall be permitted, as shown on Exhibit D-2. F2 – Digital fuel pricing shall be permitted, as shown on Exhibit D-14 and D-16. Ordinance No. 16-68, Page 34 - Page 106 - Item No. 9. Revisions © 2019 Comet Signs Job Name: THIS DRAWING IS THE EXCLUSIVE PROPERTYOF COMETSIGNS, LLC. ANYUSE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIPAND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. Page 1 of 4 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) UD2 MOVE EXISTING MULTI-TENANT SHOPPING CENTER MONUMENT SIGN 26’-6” FROM CURRENT POSITION TO OUTSIDE OF TX-DOT R.O.W. 26’-6”’ PROPOSED EXHIBITS - Page 107 - Item No. 9. Revisions © 2019 Comet Signs Job Name: THIS DRAWING IS THE EXCLUSIVE PROPERTYOF COMETSIGNS, LLC. ANYUSE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIPAND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. Page 2 of 4 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) EASEMENT DETAIL: @ NORTHEAST CORNER OF U.S. 380 & GEE ROAD UD2 PROPOSED EXHIBITS - Page 108 - Item No. 9. Revisions © 2019 Comet Signs Job Name: THIS DRAWING IS THE EXCLUSIVE PROPERTYOF COMETSIGNS, LLC. ANYUSE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIPAND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. Page 3 of 4 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) Variable width R.O.W.Var. width R.O.W.R NEW LOCATION OF MULTI-TENANT MONUMENT SIGN. EXISTING MULTI-TENANT MONUMENT SIGN. DETAIL: @ NORTHEAST CORNER OF U.S. 380 & GEE ROAD 1” = 30’-0” UD2 UD2 26’-6” PROPOSED EXHIBITS - Page 109 - Item No. 9. Revisions © 2019 Comet Signs Job Name: THIS DRAWING IS THE EXCLUSIVE PROPERTYOF COMETSIGNS, LLC. ANYUSE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIPAND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. Page 4 of 4 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE)20’-0” OAH14’-0”4’-4”3’-6”4’-1”5” 8” 3” II6’-5”4”HH FF TENANT TENANT TENANT TENANT DD EE CC GG IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. SIDE VIEWSIDE VIEW D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED UD2 LOCATED ON 380 FRONTAGE KK 3’-0” DIA. CONCRETE PIER, 10’-0” DEEP. II BELL BOX. HH STONE VENEER TO MATCH BUILDING. JJ 10.75” DIA. STEEL PIPE @ .365 WALL. AA FAB. SHEET ALUM. CAP ( FAB. SHEET ALUM. CAP (PAINTED SW6141 SOFTER BB FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. EE STONE VENEER TO MATCH BUILDING. FF FAB. SHEET ALUM. TRIM SCREWED TO STONE BASE GG CONTROL BOX. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) K 3’-0” DIA. CONCRETE PIER, 10’-0” DEEP. I BELL BOX. H STONE VENEER TO MATCH BUILDING. J 10.75” DIA. STEEL PIPE @ .365 WALL. A FAB. SHEET ALUM. CAP (PAINTED SW6141 SOFTER TAN). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING, 2” RET. C LANDMARK LED PRICE CHANGER, 18” CHAR. E STONE VENEER TO MATCH BUILDING. F FAB. SHEET ALUM. TRIM SCREWED TO STONE BASE (SEE DETAIL A) PAINTED SW6141 SOFTER TAN G CONTROL BOX. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. BB 1’-10” 3” 5”6”8 3/8”3M 3630-36 BLUE 3M 3630-26 GREEN KROGER5” 5”1’-4” FJ HL 10’-0” (W) x 3’-0” (L) x 6” DEEP CONCRETE HK SLAB FOR MASONRY. STREET ELECTRICALELECTRICALELECTRICAL •1.0 AMP. FOR LIGHTING, (1) 20AMP• 1.0 AMP. FOR LIGHTING, (1) 20AMP CIR. REQ’D.CIR. REQ’D. FUEL PRICER: (2) 120V 20AMP CIRS.FUEL PRICER: (2) 120V 20AMP CIRS. •(1) 120V 20AMP CIR. REQ’D.• (1) 120V 20AMP CIR. REQ’D. •12.0 AMPS TOTAL FOR CAB. SIGNS.•12.0 AMPS TOTAL FOR CAB. SIGNS. RE Q‘D.RE Q‘D. •1.5 AMP. FOR LEDS, (1) 20AMP CIR.• 1.5 AMP. FOR LEDS, (1) 20AMP CIR. REQ’DREQ’D • 1.0 AMP. FOR LIGHTING, (1) 20AMP CIR. REQ’D. FUEL PRICER: (2) 120V 20AMP CIRS. • (1) 120V 20AMP CIR. REQ’D. •12.0 AMPS TOTAL FOR CAB. SIGNS. RE Q‘D. • 1.5 AMP. FOR LEDS, (1) 20AMP CIR. REQ’D 2'-6" 3'-0" 4'-0" 3"6" 8'-8" 10'-0" 11'-6" 8"8" AA 3'-9 ¼"1'-3 ½"1'-4 ¼"8’-11 5/8”8 3/8”(2) Sets of .125" Aluminum FCO’s painted dark bronze, pin mounted to base. LED LIGHTING SLIM STIK SINGLE SIDED (117) PL-OP1-SL4-P/SL-SS-117-TW 4”X4” FAB. SHEET ALUM. CHANNEL DETAIL A WIRING INTO PVC TO POWER SUPPLY INSIDE SIGN CABINET. L HM RECESSED LED DOWN LIGHTING (SEE DETAIL A). EM HL PROPOSED EXHIBITS - Page 110 - Item No. 9. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SPECIAL PURPOSE SIGN DISTRICT-5, PURSUANT TO SECTION 3.14.015 OF THE TOWN’S CODE OF ORDINANCES, AS AMENDED, FOR 46.6 ACRES OF LAND, MORE OR LESS, COMMONLY KNOWN AS WINDSONG RANCH MARKETPLACE; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 3.14.015 of the Town’s Code of Ordinances, as amended, provides for the approval by the Town Council of the Town of Prosper, Texas (the “Town Council”), of a special district that exclusively addresses sign regulations; and WHEREAS, the special district, if approved by the Town Council, is designated a Special Purpose Sign District (“SPSD”), and in general, the purposes of an SPSD are to (1) promote consistency among signs within a development, thus creating visual harmony between signs, buildings, and other components of the property; (2) enhance the compatibility of signs with the architectural and site design features within a development; (3) encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; and (4) encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards; and WHEREAS, an application has been submitted to the Town for a SPSD for 46.6 acres of land, more or less (“the Property”), commonly known as Windsong Ranch Marketplace, generally located on the northeast corner of US Highway 380 and Gee Road in the Town; and WHEREAS, all legal notices required for the creation of the proposed SPSD have been given in the manner and form set forth by law, and public hearing s have been held on the proposed SPSD and all other requirements of notice and completion of such SPSD procedures have been fulfilled; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the aforementioned property, subject to the terms and conditions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 There is hereby created and approved a Special Purpose Sign District on the Property. All signage on the Property, more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth verbatim, shall be subject to the Statement of - Page 111 - Item No. 9. Ordinance No. 2020-__, Page 2 Intent and Purpose, attached hereto as Exhibit B and incorporated by reference, the Sign Coordination Plan, attached hereto as Exhibits C through C-3 and incorporated by reference, the detailed elevations, attached hereto as Exhibits D-1 through D-18, the Sign Schedule, attached hereto as Exhibit E and incorporated by reference. Any signage not specifically addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with the Town’s Sign Ordinance, contained in Article 3.14, “Signs,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances, as amended. SECTION 3 No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any signage that is not in conformity with this Ordinance. SECTION 5 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Five Hundred ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, c lauses and phrases be declared unconstitutional or invalid. SECTION 7 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 This Ordinance shall become effective from and after its adoption and publication as required by law. - Page 112 - Item No. 9. Ordinance No. 2020-__, Page 3 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney - Page 113 - Item No. 9. EXHIBIT A - Page 114 - Item No. 9. EXHIBIT A - Page 115 - Item No. 9. EXHIBIT A - Page 116 - Item No. 9. EXHIBIT A - Page 117 - Item No. 9. EXHIBIT A - Page 118 - Item No. 9. EXHIBIT A - Page 119 - Item No. 9. Exhibit B Statement of Intent and Purpose On behalf of UCD Real Estate, Comet Signs is requesting approval of a Special Purpose Sign District for the approved property of Windsong Ranch, located at 4650 West University Drive. This Special Purpose Sign District will only address the free-standing signage along West University Drive, Gee Road, and South Windsong Parkway, as well as the building signage for Kroger, Home Depot and the Kroger Fuel Center. All or any future submissions for signage at this property will follow the standard sign ordinance of the Town of Prosper. We are requesting a special purpose sign district to allow the construction of five (5) unified type monument displays, Kroger Fuel Center signage, and larger than code allowance signage for both Kroger and Home Depot wall signs. The requested signage was designed to provide minimum yet adequate visibility from West University Drive, South Windsong Parkway and Gee Road, providing much needed business identity while maintaining a unified visual harmony throughout the center. Specifically, the proposed deviations to the Sign Ordinance are as follows: • Additional Unified Developments, spaced less than 750 feet apart Although UD1 and UD5 are less than 750 feet apart from UD2 and UD4, respectively, these signs are not on the same frontage as UD2 and UD4. UD1 is located on Gee Road frontage, and UD5 is located on Windsong Ranch frontage. The code allows for one unified development sign per street frontage. In addition, the Unified Developments are proposed to allow for encroachment into the 1’-0” setback due to restrictions with the City of Irving waterline easement. • Digital fuel pricing signs located on off-site lots and on the fuel canopy Due to the competitiveness of fuel pricing and the distance that these signs are separated from each other, the fuel pricing units will have greater exposure, thus driving more business to the location. In addition, Kroger uses thee electronic type price changes due to the ease of uploading prices from their corporate office, as opposed to relying on an on-site employee to change the pricing daily on a scrolling or static type display. We ask the council allow the fuel price changers in lieu of the Kroger Fuel logo. - Page 120 - Item No. 9. •Increased wall sign heightThe sign sizes being requested are compatible with the Section 1.2 Special Purpose Sign District E(1) (a,b,& c) and give the tenant a proportionate size and scale of signage in comparison with the building, which is a total of 41’ 8”. •Unified Development Sign and Monument Sign, spaced less than 75 feet apartThe request for UD2 and M3 to be permitted with 75 feet of each other is a result of TxDOT right-of-way acquisition which is causing a relocation of UD2 to within approximately 67 feet of M3 We appreciate your consideration in this matter. Thank you, Dean Kraus Comet Signs 972-870-1594 - Page 121 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size KROGERM1 216’216’1141'-0"1121'-0"973'-0"999'-0"600'-0"600'-0"UD1 UD2 UD3 UD4 UD5 M2 M3 M4 M5 M6 M7 M8 M9 scale:1”=200’ 75'75' 94'267’267’745'-0"798'-0"228'-0"198'-0"75'75'F1 FUEL CENTER 495'-0"495'-0"96'154'SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” SIGN WILL OVERHANG EASEMENT 1’-0” EXHIBIT - C E University DrGee RdWindsong Pkwy SSIGN MAY ENROACH MINIMUM 1'-0” SETBACK SIGN MAY ENROACH MINIMUM 1'-0” SETBACK SIGN MAY ENROACH MINIMUM 1'-0” SETBACK - Page 122 - Item No. 9. Revisions © 2019 Comet Signs Job Name: License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COME T S I GN S , L L C . I S S T R I C T LY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. Exhibit C-1 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) UD2 MOVE EXISTING MULTI-TENANT SHOPPING CENTER MONUMENT SIGN 26’-6” FROM CURRENT POSITION TO OUTSIDE OF TX-DOT R.O.W. 26’-6”’ - Page 123 - Item No. 9. Revisions © 2019 Comet Signs Job Name: License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COME T S I GN S , L L C . I S S T R I C T LY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. Exhibit C-2 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) EASEMENT DETAIL: @ NORTHEAST CORNER OF U.S. 380 & GEE ROAD UD2 - Page 124 - Item No. 9. Revisions © 2019 Comet Signs Job Name: License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COME T S I GN S , L L C . I S S T R I C T LY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. Exhibit C-3 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE) Variable width R.O.W.Var. width R.O.W.R NEW LOCATION OF MULTI-TENANT MONUMENT SIGN. EXISTING MULTI-TENANT MONUMENT SIGN. DETAIL: @ NORTHEAST CORNER OF U.S. 380 & GEE ROAD 1” = 30’-0” UD2 UD2 26’-6” - Page 125 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE 3M 3630-26 GREEN AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE EXHIBIT - D-1 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0” KROGER File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes.12’-0” OAH8’-4”3’-10”4’-6”2’-3”1’-10” 1’-2 1/2” 6” 3”4”4”1’-3 1/4” - Page 126 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0”12’-0” OAH8’-4”3’-10”4’-6”2’-3”6” 3”4”4”1’-3 1/4” OPTION 1 EXHIBIT - D-1 - Page 127 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. 120 SQ. FT. TOTAL STRUCTURE 66.64 SQ. FT. ACTIVE SIGN AREA 10’-0” 8’-0” SIDE VIEWSIDE VIEW 2’-6” 3M 3630-36 BLUE AA FF 3’-0” D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD1 EE A B C E F G H A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT SIGN FACES. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C TENANT E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G STONE VENEER TO MATCH BUILDING. H BELL BOX. HH GG 1’-0” UD5 LOCATED ON GEE RD. FRONTAGE LOCATED ON WINDSONG PKWY SOUTH FRONTAGE REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. UD1 IS LOCATED 480’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 REQUESTED DEVIATION FROM THE SIGN ORDINANCE: LOCATED WITHIN 750’ FROM ANOTHER UNIFIED DEVELOPMENT SIGN. Ud1 IS LOCATED 483’ FROM UD2 UD5 IS LOCATED 600’ FROM UD4 1’-0” BC BB 11’-0”12’-0” OAH8’-4”2’-11 3/4”5’-5 1/4”2’-3”6” 3”4”4”1’-6 1/2” OPTION 2 EXHIBIT - D-1 - Page 128 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size 10’-0”20’-0” OAH14’-0”8’-8”4’-4”3’-6”2’-6”3’-11”6” 8” 4” 3’-0” II6’-2”4”AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREAUd3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED UD2 LOCATED ON 380 FRONTAGE AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” EXHIBIT - D-3 3M 3630-26 GREEN3’-7 3/4” 11” 2”2” 2” 2” 2” - Page 129 - Item No. 9. 10’-0”20’-0” OAH14’-0”8’-8”4’-4”3’-6”2’-6”3’-11”3M 3630-36 BLUE 3M 3630-26 GREEN1’-11” 1’-4 1/2” 6” 8” 4” 3’-0” II6’-2”4”AA 8” HH FF TENANT TENANT TENANT TENANT DD EE CC GG 8” Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis File Name: 15-1767 R27 - Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD3 LOCATED ON 380 FRONTAGE 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA EXHIBIT - D-3 Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTEDUD3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUESTED Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED KROGER UD2 LOCATED ON 380 FRONTAGE R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C LANDMARK LED PRICE CHANGER, 18” CHAR. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. BB 11’-0” - Page 130 - Item No. 9. Revisions © 2019 Comet Signs Job Name: License #: 18010 Proposal Drawing Final Drawing Location: WINDSONG RANCH, PROSPER, TX Designer: CHRIS BLANTON Proposal #: 51209 Job #: n/a Client: UCD - PROSPER Salesperson: TOMMY REYNOLDS Prj. Mngr.: KAY RANGEL Date: 11/04/2019 File Name: 51209 - FINAL - R4 - KROGER 589_WINDSONG FINAL-02/07/2020-CHRIS BLANTON: MOVE TO FINALS, ADD ENGINEERING. Note:R1-11/04/2019-CHRIS BLANTON: ADD SITE PLAN TO PACKAGE. R2-11/20/2019-CHRIS BLANTON: ADD DISTANCE FROM CURRENT LOCATION. R3-01/20/2020-CHRIS BLANTON: REVISE TO 30’ MOVEMENT EAST. R4-01/28/2020-CHRIS BLANTON: REVISE RE-LOCATION PER CUSTOMER NOTE. THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COME T S I GN S , L L C . I S S T R I C T LY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. Exhibit D-3.1 Corporate Office 5003 Stout Drive San Antonio, TX 78219 (210) 341-7244 Dallas 2703 Mockingbird Ln Dallas, TX 75235 (972) 870-1594 Houston (State Sign) 7630 Hansen Rd. Houston, TX 77061 (713) 943-1831 Austin (Custom Sign Creations) 1130 Rutherford, Suite 180 Austin, TX 78753 (512) 374-9300 Tyler (Design Center Signs) 3245 W. Grande Blvd. Tyler, TX 75703 (903) 561-4995 KROGER CUSTOMER APPROVAL APPROVED BY: ________________________ DATE: ____ / ____ / ____ ENGINEER FOR 90 MPH WIND LOAD (PER MUNICIPAL CODE)20’-0” OAH14’-0”4’-4”3’-6”4’-1”5” 8” 3” II6’-5”4”HH FF TENANT TENANT TENANT TENANT DD EE CC GG IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. SIDE VIEWSIDE VIEW D/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA Ud3 HAS NO DEVIATIONS TO THE SIGN ORDINANCE REQUES TED TO IT’SUD2 HAS DEVIATIONS TO THE SIGN ORDINANCE REQUESTED DUE TO IT’S Ud3 HAS NO DEVIATIONS TO THEOFF SITE DIGITAL FUEL PRICING DIESELUNLEADED UD2 LOCATED ON 380 FRONTAGE KK 3’-0” DIA. CONCRETE PIER, 10’-0” DEEP. II BELL BOX. HH STONE VENEER TO MATCH BUILDING. JJ 10.75” DIA. STEEL PIPE @ .365 WALL. AA FAB. SHEET ALUM. CAP ( FAB. SHEET ALUM. CAP (PAINTED SW6141 SOFTER BB FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) CC LANDMARK LED PRICE CHANGER, 18” CHAR. LANDMARK LED PRICE CHANGER, 18” CHAR. EE STONE VENEER TO MATCH BUILDING. FF FAB. SHEET ALUM. TRIM SCREWED TO STONE BASE GG CONTROL BOX. DD FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) K 3’-0” DIA. CONCRETE PIER, 10’-0” DEEP. I BELL BOX. H STONE VENEER TO MATCH BUILDING. J 10.75” DIA. STEEL PIPE @ .365 WALL. A FAB. SHEET ALUM. CAP (PAINTED SW6141 SOFTER TAN). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING, 2” RET. C LANDMARK LED PRICE CHANGER, 18” CHAR. E STONE VENEER TO MATCH BUILDING. F FAB. SHEET ALUM. TRIM SCREWED TO STONE BASE (SEE DETAIL A) PAINTED SW6141 SOFTER TAN G CONTROL BOX. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. BB 1’-10” 3” 5”6”8 3/8”3M 3630-36 BLUE 3M 3630-26 GREEN KROGER5” 5”1’-4” FJ HL 10’-0” (W) x 3’-0” (L) x 6” DEEP CONCRETE HK SLAB FOR MASONRY. STREET ELECTRICALELECTRICALELECTRICAL •1.0 AMP. FOR LIGHTING, (1) 20AMP• 1.0 AMP. FOR LIGHTING, (1) 20AMP CIR. REQ’D.CIR. REQ’D. FUEL PRICER: (2) 120V 20AMP CIRS.FUEL PRICER: (2) 120V 20AMP CIRS. •(1) 120V 20AMP CIR. REQ’D.• (1) 120V 20AMP CIR. REQ’D. •12.0 AMPS TOTAL FOR CAB. SIGNS.•12.0 AMPS TOTAL FOR CAB. SIGNS. RE Q‘D.RE Q‘D. •1.5 AMP. FOR LEDS, (1) 20AMP CIR.• 1.5 AMP. FOR LEDS, (1) 20AMP CIR. REQ’DREQ’D • 1.0 AMP. FOR LIGHTING, (1) 20AMP CIR. REQ’D. FUEL PRICER: (2) 120V 20AMP CIRS. • (1) 120V 20AMP CIR. REQ’D. •12.0 AMPS TOTAL FOR CAB. SIGNS. RE Q‘D. • 1.5 AMP. FOR LEDS, (1) 20AMP CIR. REQ’D 2'-6" 3'-0" 4'-0" 3"6" 8'-8" 10'-0" 11'-6" 8"8" AA 3'-9 ¼"1'-3 ½"1'-4 ¼"8’-11 5/8”8 3/8”(2) Sets of .125" Aluminum FCO’s painted dark bronze, pin mounted to base. LED LIGHTING SLIM STIK SINGLE SIDED (117) PL-OP1-SL4-P/SL-SS-117-TW 4”X4” FAB. SHEET ALUM. CHANNEL DETAIL A WIRING INTO PVC TO POWER SUPPLY INSIDE SIGN CABINET. L HM RECESSED LED DOWN LIGHTING (SEE DETAIL A). EM HL - Page 131 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTYOF COMETSIGNS, LLC. ANYUSE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIPAND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG 10’-0”20’-0” OAH14’-0”4’-6”2’-6”3’-11”3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’-0”EE 4”AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’-6”TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” EXHIBIT - D-43’-10” 10 ½ ” 2” 2” 2” 2” - Page 132 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX T. Reynolds Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589 - Sign Package Proposal #: 22386 Job #: 16-1767 KROGER IMPORTANT DISCLAIMER: Site signage specification and sign positioning is based on information/data provided by the customer at time of drawing request. Any freestanding sign, to include signs defined as pylons, multi- tenant pylons, and monument signs may be subject to review as required by the City, County or governing body in which said property is positioned. Freestanding signs positioned in proximity to urban corridors, utility easements, overhead power lines, ROW Transmission lines, State Department of Transportation ROW and underground pipelines/fiber optic lines may also be subject to review in regards to setbacks or encroachment requirements by those specific entities. NOTE: Steel and foundation for this sign to be determined based on site specific basis, local soil conditions, and wind load requirements. SIDE VIEWSIDE VIEWD/F SIGN ELEVATION SCALE= 1/4”=1’-0”D/F SIGN ELEVATION SCALE= 1/4”=1’-0” UD4 LOCATED ON 380 FRONTAGE EXHIBIT - D-4 SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN SIGN MUST BE LOCATED A MINIMUM OF 75’ FROM WINDSONG RANCH SUBDIVISION ENTRY SIGN 10’-0” 8’-8” AA 8”8” II HH FF GG File Name: 15-1767 R27 - R1/1-2-15/TD: Rev. sign quan. & placement. R2/1-7-15/TD: Rev. sign quan. & placement.R3/4-7-15/TD: Rev. sign quan. & placement.R4/5-5-15/TD: New site plan.R5/6-2-15/TD: Rev. sign quan. & placement.R6/6-8-15/TD: Removed “Marketplace” copy.R7/7-10-15/TD: Rev. sign quan. & placement.R8/8-7-15/TD: Rev. Pylon, LED pricer & placement. R9/10-2-15/TD: Rev. Pylons, & monuments. R10/10-6-15/TD: Rev. monu. tenant config. R11/10-23-15/TD: Added Home Depot back. R12/11-19-15/TD: Chg’d sign sizes per code. R13/11-23-15/TD: Chg’d tenant config. R14/12-9-15/TD: Chg’d pylon heights. R15/12-14-15/TD: (2) monuments two tenant.R16/12-30-15/TD: Chg’d pylon heights to 20’R17/1-11-16/TD: Signs B & C: 10’ setback from Easement R19/3-18-16/TD: Chg’d sign sizes & placements R20/4-5-16/TD: Chg’d sign sizes. R22/4-21-16/BEN: Added notes R23/5-5-16/COREY: UD4 update and site plan R24/5-26-16/TD: Added pic of Windsong sign.R25/5-31-16/TD: Various Chgs.R26/6-2-16/TD: Switched signs 8 & 9. R27/7-5-16/TD: Added notes. 10’-0”20’-0” OAH14’-0”4’-6”2’-6”3’-11”3M 3630-36 BLUE 3M 3630-26 GREEN 6” 8” 4” DD 3’-0” TENANT 5’-0”EE 4”AA TENANT TENANT TENANT TENANT TENANT AA FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM).BUILDING TRIM). BB FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED CC FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED DD FAB. SHEET ALUM. SIGN CABINET (PAINTED FAB. SHEET ALUM. SIGN CABINET (PAINTED EE STONE VENEER TO MATCH BUILDING. FF CAST CONCRETE TRIM. GG CONTROL BOX. HH STONE VENEER TO MATCH BUILDING. II BELL BOX. A FAB. SHEET ALUM. CAP (PAINTED TO ,MATCH BUILDING TRIM). B FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING C FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT SIGN FACE. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. D FAB. SHEET ALUM. SIGN CABINET (PAINTED BLACK) MED. IMPACT RESISTANT TENANT FACES W/ VINYL GRAPHICS. INT. ILLUM. W/ T8 FLUORESCENT LIGHTING. E STONE VENEER TO MATCH BUILDING. F CAST CONCRETE TRIM. G CONTROL BOX. H STONE VENEER TO MATCH BUILDING. I BELL BOX. 4’-6”1’-11” 1’-4 1/2” KROGER TENANT CC BB 200 SQ. FT. TOTAL STRUCTURE 121.24 SQ. FT. MAX ACTIVE SIGN AREA 11’-0” - Page 133 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F SIGN ELEVATION D/F SIGN ELEVATION UD4 LOCATED ON 380 FRONTAGE NTS 75’-0” NEW EXHIBIT EXHIBIT - D-4.2 - Page 134 - Item No. 9. Approved Approved As Noted Revise & Resubmit By: Date: THIS DRAWING IS THE EXCLUSIVE PROPERTY OF COMET SIGNS, LLC. ANY USE OR REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN AUTHORIZATION FROM COMET SIGNS, LLC. IS STRICTLY PROHIBITED. OWNERSHIP AND COPYRIGHT IS RETAINED IN ACCORDANCE WITH U.S. AND INTERNATIONAL TRADEMARK / COPYRIGHT LAWS. License #: 18010 Client: Kroger Location: Windsong Ranch, Prosper, TX Salesperson: Prj. Mngr.: M. Garcia Date: 6-2-2015 Designer: B. Bowers / T. Davis Kroger 589_Windsong Proposal #: 22386 Job #: 16-1767 KROGER File Name: 15-1767 - R35, 9-29-16, AS: Revise Kroger to Oval size D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” D/F MONUMENT SIGN ONE (1) REQUIRED 1/4”=1’-0” 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA4’-6”4’-6”8”8”4”4”1”1”6’-0”6’-0”MATCH BLDG. TRIM MATCH BLDG. STONE BELL BOX BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN6”6”BLACK BLACKCABINET CABINET LEXAN SIGN FACES LEXAN SIGN FACES D/F MONUMENT SIGN Scale: 1/4"=1'-0" SEVEN (7) REQUIRED4’-6”8”4”1”6’-0”MATCH BLDG. TRIM SINGLE TENANT MULTI-TENANT MULTI-TENANT MATCH BLDG. STONE BELL BOX MATTHEWS SATIN BLACK 1’-4” 1’-9” MATCH DRYVIT MONASTERY BROWN6”BLACK CABINET LEXAN SIGN FACES M 60 SQ. FT. TOTAL STRUCTURE 36 SQ. FT. ACTIVE SIGN AREA M2 M8 M2 AND M9 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGEM2 AND M8 WILL NOT INCLUDE OFF-SITE TENANT SIGNAGE 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” 10’-0” 7’-6”1’-0”1’-0” EXHIBIT - D-5 - Page 135 - Item No. 9. - Page 136 - Item No. 9. - Page 137 - Item No. 9. - Page 138 - Item No. 9. - Page 139 - Item No. 9. - Page 140 - Item No. 9. - Page 141 - Item No. 9. - Page 142 - Item No. 9. - Page 143 - Item No. 9. - Page 144 - Item No. 9. - Page 145 - Item No. 9. - Page 146 - Item No. 9. - Page 147 - Item No. 9. EXHIBIT E – SIGN SCHEDULE / DEVELOPMENT STANDARDS Unified Development Signs: UD1 – Shall be permitted to be located within 750’ of UD2, in accordance with Exhibit C. UD2 – Shall be permitted within 750’ of UD1 and 75' of M3 in accordance with Exhibit C. UD4 – Shall be permitted to be located within 750’ of UD5, in accordance with Exhibit C. UD5 - Shall be permitted to be located within 750’ of UD4, in accordance with Exhibit C. UD2, UD3, and UD4 - Shall be permitted to encroach the 1’-0” setback requirement, in accordance with Exhibit C. Wall Signs: B1 – Shall be permitted to be a maximum of 12’ 6” in height. B2 - Shall be permitted to be a maximum of 8’ 6” in height. B3 - Shall be permitted to be a maximum of 5’ in height. B13 - Shall be permitted to be a maximum of 6’ in height. Digital Fuel Pricing Signs: UD2 – Digital fuel pricing shall be permitted, as shown on Exhibit D-2. - Page 148 - Item No. 9. Page 1 of 6 To: Mayor and Town Council From: Pete Anaya, P. E., Assistant Director of Engineering Services – Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon awarding CSP No. 2020-54-B to Durable Specialties, Inc., related to construction services for the Fishtrap Road and Teel Parkway Traffic Signal project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On March 20, 2020, at 10:00 AM, three (3) Competitive Sealed Proposals (CSP) were received for the Fishtrap Road and Teel Parkway Traffic Signal project. The project was advertised using the Competitive Sealed Proposal Construction alternative procurement method to allow the Town to award the project to the contractor that offers the best value proposal based on the following criteria:  Qualifications and Experience (30%) o Outline contractor and subcontractor experience with similar projects. o Outline qualifications of key personnel assigned to this project. o Provide references.  Project Timeline (20%)  Cost Proposal (50%) The verified cost proposals ranged between $281,019.18 and $338,748.00, and included IT Fiber Conduit under all four sides of the intersection, which costs ranged between $50,660 and $61,375. Proposals were substantially more than the current budgeted amount of $250,000, with $109,377.10 in material already purchased for the traffic signal, and the additional cost of the IT Fiber Conduit that was not included in the budget. The total for the project including the pre- purchase items ($109,377.10) and construction of the traffic signal with the IT Fiber Conduit is between $390,396.28 and $448,125.10. The proposed final completion times ranged from 90 calendar days to 165 calendar days. Prosper is a place where everyone matters. ENGINEERING SERVICES - Page 149 - Item No. 10. Page 2 of 6 The first bid for the Fishtrap Road and Teel Parkway Traffic Signal project was included with the Fishtrap and Teel Intersection Improvements project in anticipation of receiving some economy of scale cost benefit which turned out not to be the case. Three (3) bids were opened on December 23, 2019, and the costs proposals for the traffic signal ranged between $280,225.00 and $308,247.50, and included IT Fiber Conduit under all four sides of the intersection, which costs ranged between $43,340 and $47,981. Proposals were substantially more than the current budgeted amount of $250,000, with $109,377.10 in material already purchased for the traffic signal, and the additional cost of the IT Fiber Conduit that was not included in the budget. At that time, the total for the project including the pre-purchase items ($109,377.10) was between $389,602.10 and $417,624.60. Due to the costs proposals received being substantially over the $250,000 budget, it was decided to rebid the traffic signal as a standalone project in an effort to obtain better pricing directly from traffic signal construction contractors. A comparison chart of the proposals received on December 23, 2019, along with a comparison with the proposals received on March 20, 2020 is provided below: Proposal #1 (December 23, 2019) Proposal #2 (March 20, 2020) Mario Sinacola & Sons Excavating XIT Paving and Construction Ed Bell Construction Road Solutions LLC Durable Specialties, Inc. Roadway Solutions, Inc. TOTAL COST PROPOSAL RECEIVED $280,225.00 $307,918.00 $308,247.50 $281,019.18 $336,885.00 $338,748.00 IT Fiber Conduit (cost included in Proposal) $43,340.00 $47,981.00 $47,674.00 $61,375.00 $50,660.00 $56,990.00 Town Purchased Equipment Separately $109,377.10 $109,377.10 $109,377.10 $109,377.10 $109,377.10 $109,377.10 TOTAL COST OF PROJECT $389,602.10 $417,295.10 $417,624.60 $390,396.28 $446,262.10 $448,125.10 TOTAL COST OF PROJECT (w/o IT Fiber Conduit) $346,262.10 $369,314.10 $369,950.60 $329,021.28 $395,602.10 $391,135.10 Staff evaluated each submittal in accordance with the evaluation criteria to determine the contractor that offered the best value. Road Solutions LLC, was the firm ranked the highest for the project after consideration of Costs, Time, and Qualifications with a cost of $281,019.18, that includes IT Fiber Conduit under all four sides of the intersection, and a cost of $219,644.18 without the IT Fiber Conduit installed. The time for substantial completion was 90 calendar days. - Page 150 - Item No. 10. Page 3 of 6 In evaluating the additional $61,375 cost for the IT Fiber Conduit from Road Solutions, LLC, staff is recommending that the IT Fiber Conduit not be installed with this project based on the following factors:  The proposed locations for the IT Fiber Conduit is on all four sides of the intersection and due to the moisture conditioning of the subgrade being deeper than the depth of the conduit, the conduit has to be bored under the roadway after the roadway is constructed. Any open cut installation of the conduit prior to moisture conditioning the subgrade would put the conduit at risk of having holes punched through it. And any open cut installation of the conduit after moisture conditioning could potentially damage the integrity of the subgrade.  The IT Fiber Conduits have to bored under the roadway whether they are installed with this project or in the future when needed. This project includes boring the conduit on all fours sides of the intersection and that may not be what is needed in the future. By installing the conduit in the future with a more substantial installation project, the boring at the intersection would be at the desired location(s) and may not require all four sides of the intersection to have conduit. This would reduce the costs associated with installation of unnecessary infrastructure. With the removal of the IT Fiber Conduit from the project scope, Road Solutions LLC, indicated that they would not be able to honor their proposal. Road Solutions LLC, has not performed any previous work for the Town of Prosper and has limited traffic signal construction experience. Staff then used the evaluation criteria to determine the next contractor that offered the best value. Durable Specialties, Inc., was the firm ranked the second highest for the project after consideration of Costs, Time, and Qualifications with a cost of $286,225.00, that did not include the IT Fiber Conduit under all four sides of the intersection. The time for substantial completion was 165 days. Through negotiations with Durable Specialties, Inc., staff was able to reduce the final completion time to 90 calendar days, a 75 calendar day reduction from their proposal. Durable Specialties, Inc., has successfully completed a couple of projects in the past for the Town of Prosper, including the span wire traffic signal at the DNT/First Street, and the emergency signal repair last year at the intersection of Prosper Trail/Coit Road. Staff checked the references provided and received positive feedback. Staff had two (2) traffic signal design consultants analyze the proposals for this project and both had the opinion that there did not appear to be any items that were extremely overpriced. The general bidding environment seems to favor a limited number of firms in the traffi c signal construction business. Staff further analyzed the proposals received for this project against the First Street and Coit Road Traffic Signal project, a traffic signal at the intersection of Dickson Lane and Eldorado Parkway recently constructed in the Town of Little Elm, and a traffic signal in the City of Allen at the intersection of East Bethany and Heritage Parkway. The table on the following page provides comparisons of the various construction costs for each project. - Page 151 - Item No. 10. Page 4 of 6 Pre-Purchased Equipment No Pre-Purchased Construction Category East Bethany / Heritage Parkway Fishtrap Road / Teel Parkway Dickson Lane / Eldorado Parkway First Street / Coit Road Bid Date (MM/YYYY) 08/2019 03/2020 02/2020 06/2019 CORE: Mobilization $ 11,750.00 $ 12,500.00 $ 29,975.00 $ 12,725.00 Foundations $ 24,735.00 $ 43,560.00 $ 29,040.00 $ 37,110.00 Electrical/Conduits/Cable $ 36,786.25 $ 71,465.00 $ 67,617.50 $ 22,931.00 Signals/Poles/Mast Arms/Install $ 59,946.25 $ 83,700.00 $ 67,750.00 $ 131,735.00 Pedestrian Crosswalks $ 14,300.00 $ 19,920.00 $ 27,100.00 $ 16,450.00 CORE Sub Total $ 147,517.50 $ 231,145.00 $ 221,482.50 $ 220,951.00 INTERSECTION: Ramps/Sidewalks $ 72,750.00 $ 46,100.00 $ 11,825.00 Pavement Markings/Barricades $ 30,711.00 $ 8,500.00 $ 18,548.00 $ 11,348.00 Misc. $ 16,370.00 INTERSECTION Sub Total: $ 119,831.00 $ 8,500.00 $ 64,648.00 $ 23,173.00 TOTAL CORE & INTERSECTION: $ 267,348.50 $ 239,645.00 $ 286,130.50 $ 244,124.00 TECH: Radar Detection/Battery Backup $ 46,580.00 $ 44,095.00 Town I.T. Items - Fiber Conduit $ 50,660.00 $ - TECH Sub Total: $ - $ 97,240.00 $ - $ 44,095.00 TOTAL CORE, INTERSECTION & TECH $ 267,348.50 $ 336,885.00 $ 286,130.50 $ 288,219.00 TOTAL (without IT Fiber Conduit) $ 267,348.50 $ 286,225.00 $ 286,130.50 $ 288,219.00 Pre-Purchased Equipment $ 109,377.10 $ 109,377.10 $ - $ - ALL-IN (without IT Fiber Conduit) $ 376,725.60 $ 395,602.10 $ 286,130.50 $ 288,219.00 The table breaks out the construction costs for the individual projects into the following Construction Categories: 1. CORE: This Construction Category Group is comprised of the typical material and labor costs needed to construct a functioning traffic signal. 2. INTERSECTION: This Construction Category Group includes improvements to the intersection or other improvements in the project scope not directly linked to the materials and labor associated with the traffic signal. For example, construction of sidewalks, barrier free ramps, and pavement markings. - Page 152 - Item No. 10. Page 5 of 6 3. TECH: This Construction Category Group has two (2) non-standard items that the Town has recently included in the bids for all new traffic signal projects. While the radar detection and backup battery units would seem to be standard at all intersections in other cities, they aren’t at this time. Some cities still use the camera detection similar to what the Town has at older intersections that are unreliable during times when there is morning fog. And not everyone utilized backup battery units. The second item is the cost associated with installing the current Town specified IT Fiber Conduit. In reviewing the table, the first two projects listed: East Bethany/Heritage Parkway and Fishtrap Road/Teel Parkway are projects that pre-purchased equipment separate from the bid for construction. While the exact price of the pre-purchased equipment for the East Bethany/Heritage Parkway was not provided to Town staff for comparison, the pre-purchased equipment was for major components like poles and mast arms from a Buy Board similar to where the Town pre- purchased the equipment for the Fishtrap Road and Teel Parkway Traffic Signal project. The pre- purchase equipment costs for the Fishtrap Road and Teel Parkway Traffic Signal project was $109,377.10. The totals for the first two projects do not include the pre-purchase equipment costs in the CORE analysis so that is why the CORE component costs for the first two project listed are less than the last two projects. The last two projects listed: Dickson Lane/Eldorado Parkway and First Street/Coit Road represent traffic signal bids that include the complete installation with equipment and labor being part of the bid. Some important items to note when reviewing the costs:  In comparing the bids for the Fishtrap Road/Teel Parkway signal with the other signals, the increase under the Electrical/Conduits/Cable line item is due to the conduits for the traffic signal are not in place, whereas, there are existing conduits under the pavement at the intersection of First Street/Coit Road.  An item that increases the cost of the traffic signal construction projects in the Town is the use of the Illuminated Street Name Signs (ILSN’s) on all traffic signals. This additional cost is around $12,000 per intersection.  As mentioned in the TECH Construction Category description above, the use of advanced radar detection and the battery backup units adds costs to the project. In reviewing the bids for Fishtrap Road/Teel Parkway and First Street/Coit Road, that additional cost is around $40,000 per intersection. But in order to prepare the Town’s infrastructure for the future integration of transportation management systems and reduce future maintenance costs, these items are essential. Budget Impact: The cost for the construction is $286,225.00 without the installation of the IT Fiber Conduit under all four sides of the intersection. The cost of the pre-purchased items approved at the December 10, 2019, Town Council meeting was $109,377.10. Total funding needed for this project is $395,602.10. The FY 2019-2020 Capital Improvement Program included the construction of the Fishtrap Road and Teel Parkway Traffic Signal project. The original budget for this project was $250,000 from the West Thoroughfare Impact Fund. There is a Budget and CIP Amendment on the April 28, 2020, agenda that allocates $150,000 in additional funding from the West Thoroughfare Impact Fee Fund. The funding source is Account No. 680-6610-50-00-1928-TR. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. - Page 153 - Item No. 10. Page 6 of 6 Attached Documents: 1. Location Map 2. Evaluation Matrix 3. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council award CSP No. 2020-54-B to Durable Specialties, Inc., related to construction services for the Fishtrap Road and Teel Parkway Traffic Signal project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award CSP No. 2020-54-B to Durable Specialties, Inc., related to construction services for the Fishtrap Road and Teel Parkway Traffic Signal project; and authorize the Town Manager to execute a construction agreement for same. - Page 154 - Item No. 10. LOCATION MAP Fishtrap Road and Teel Parkway Traffic Signal Traffic Signal Fishtrap Rd Teel Pkwy- Page 155 - Item No. 10. CSP NO. 2020-54-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Qualifications and Experience 30%5.33 1.60 5.67 1.70 4.50 1.35 Proposed Project Timeline 20%5.45 1.09 10.00 2.00 6.00 1.20 Cost Proposal 50%8.34 4.17 10.00 5.00 8.30 4.15 TOTAL 100%6.86 8.70 6.70 EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Qualifications and Experience 30%7.00 2.10 4.44 1.33 6.22 1.87 Proposed Project Timeline 20%5.45 1.09 10.00 2.00 6.00 1.20 Cost Proposal 50%7.67 3.84 10.00 5.00 7.80 3.90 TOTAL 100%7.03 8.33 6.96 FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL EVALUATION MATRIX - ADJUSTED (REMOVAL OF ITEMS 7 AND 38) DURABLE SPECIALTIES, INC. ROAD SOLUTIONS LLC ROADWAY SOLUTIONS, INC. EVALUATION MATRIX - ORIGINAL DURABLE SPECIALTIES, INC. ROAD SOLUTIONS LLC ROADWAY SOLUTIONS, INC. Attachment 2 - Page 156 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL CSP NO. 2020-54-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Marcus E. Ray, Place 1 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Attachment 3 - Page 157 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 2 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 LEGAL NOTICE .............................................................................................................. 3 INSTRUCTIONS TO PROPOSERS ................................................................................ 4 SAMPLE CONSTRUCTION AGREEMENT .................................................................... 5 PERFORMANCE BOND ............................................................................................... 17 PAYMENT BOND.......................................................................................................... 20 MAINTENANCE BOND ................................................................................................. 23 SPECIAL CONDITIONS ................................................................................................ 26 TECHNICAL SPECIFICATIONS ................................................................................... 30 Attachment 3 - Page 158 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 3 LEGAL NOTICE The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL. Proposals will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 10:00 A.M. on Tuesday, March 17, 2020. Any proposals received after this time will not be accepted, and will be returned unopened. Proposals will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the proposal deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of Fishtrap and Teel traffic signal. Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount proposed, 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 successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50 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 proposal should be emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Friday, March 6, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Attachment 3 - Page 159 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 4 INSTRUCTIONS TO PROPOSERS 1. Submittal Deadline: Proposals will be accepted until 10:00 A.M. on Tuesday, March 17, 2020. 2. Submittal Location: Proposals will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078. 3. Electronic Submittal Requirements: If submitting proposal through IonWave.net, Proposer shall complete all requested information and submit all required documents. 4. Hard Copy Submittal Requirements: If submitting proposal in hard copy, Proposer shall submit one (1) original and one (1) copy of their proposal in a sealed envelope clearly marked with their name and CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL. Proposer shall complete all requested information and submit all required documents. 5. Proposal Opening: Proposals will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the proposal deadline. 6. Proposal Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Engineering Department 250 W. First Street Prosper, TX 75078 Phone: 972-569-1198 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 7. Questions and Requests for Clarification: Questions and requests for clarifications in regard to this proposal should be emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Friday, March 6, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 8. Addenda: If it becomes necessary to provide additional information to potential Proposers, the Town of Prosper will issue an addendum containing the necessary information. 9. Pre-Proposal Meeting: A pre-proposal meeting will not be held for this project. 10. Site Visit: N/A Attachment 3 - Page 160 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 5 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 Durable Specialties, 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: CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL (Excluding Lines 7 and 38) in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal 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, Attachment 3 - Page 161 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 6 however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed Two Hundred Eighty-Six Thousand Two Hundred Twenty-Five Dollars and Zero Cents ($286,225.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 75 calendar days after the date of the Notice to Proceed for the base proposal. Within 15 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Construction must be completed no later than August 3, 2020. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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 Attachment 3 - Page 162 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 7 TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (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.) Attachment 3 - Page 163 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 8 E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP No. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury Attachment 3 - Page 164 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 9 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. Attachment 3 - Page 165 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 10 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed 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. Attachment 3 - Page 166 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 11 The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 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 Attachment 3 - Page 167 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 12 be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. 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 Attachment 3 - Page 168 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 13 written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. 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 Attachment 3 - Page 169 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 14 and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. 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 Attachment 3 - Page 170 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 15 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. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. P. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE Attachment 3 - Page 171 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 16 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. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 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. DURABLE SPECIALTIES, INC. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: P.O. Box 535969 Grand Prairie, Texas 75053 Phone: (972) 296-6324 Email: patrick@durablespecialties.com Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: harlan_jefferson@prospertx.gov ATTEST: MELISSA LEE Town Secretary Attachment 3 - Page 172 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 17 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 28th day of April, A.D. 2020, 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: CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL (Excluding Lines 7 and 38) in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in 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. Attachment 3 - Page 173 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 18 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 two 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.] Attachment 3 - Page 174 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 19 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. Attachment 3 - Page 175 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 20 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 28th day of April, A.D. 2020, 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: CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL (Excluding Lines 7 and 38) 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. 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 Attachment 3 - Page 176 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 21 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 two 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.] Attachment 3 - Page 177 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 22 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. Attachment 3 - Page 178 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 23 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 28th day of April 2020, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL (EXCLUDING LINES 7 AND 38) in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. 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. Attachment 3 - Page 179 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 24 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 two 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.] Attachment 3 - Page 180 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 25 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Attachment 3 - Page 181 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 26 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 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: Dave Carter, P.E. SC.03 MINIMUM QUALIFICATIONS OF CONTRACTORS: The Town will only consider Contractors who meet the Minimum Qualifications identified in this section. Should the Town determine, in its sole discretion that the Contractor does not meet these Minimum Qualifications, the Town will disqualify the Contractor and its proposal will be rejected as non-responsive. Experience performing projects of similar scope, quantities, and cost will be a primary consideration of meeting the minimum qualifications. The Contractor shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish its financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Contractors are subject to disqualification if they fail to provide evidence within the five-day period. Confident Contractors are strongly encouraged to have this evidence ready by Proposal Opening. Submissions will be made to the Director of Engineering Services, Town of Prosper, 250 W. First Street, Prosper, Texas. The Town reserves the right to conduct site/yard visits to the Contractor’s place of business, yard sites or current project sites. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the Contractor including approximate cost, project start date and estimated completion date shall be submitted. B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below meeting the following requirements shall be submitted: 1. Traffic Signal Construction a. Completed within the previous five years from the date of the Owner’s request; b. Located in the Dallas-Fort Worth Metroplex; c. Scope of work consisting of similar items and quantities; and d. Copy of actual project schedule used during construction; C. Key Personnel Resumes. If requested, Contractor shall provide resumes of LOCAL personnel expected to oversee this project. Resumes shall be provided for executive and management team as well as on-site project manager. Attachment 3 - Page 182 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 27 D. Financial Statement. Each Contractor shall be prepared to submit upon request of the Owner a financial statement prepared by an independent Certified Public Accountant with no evidence of threatening losses (current within the last six (6) months of proposal date). This information will be used to confirm that the Contractor has suitable financial status to meet obligations incidental to performing the work. E. Proof that the Contractor maintains a permanent place of business (must be submitted within five (5) days if requested). SC.04 INTRODUCTION: The Town of Prosper (“Town”) is accepting competitive sealed proposals (CSP) for furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of the Fishtrap and Teel traffic signal. FINAL COMPLETION MUST BE NO LATER THAN AUGUST 3, 2020. The contract will be awarded based on the evaluation criteria stated herein. This document provides interested firms with the information necessary to prepare and submit a proposal for consideration. Proposals are to be submitted in accordance with this document, and the accompanying instructions. There is no expressed or implied obligation for the Town to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. All costs directly or indirectly related to preparation of a response to this request for competitive sealed proposals (CSP), any oral presentation required to supplement and/or clarify a proposal, and/or reasonable demonstrations which may be, at its discretion, required by the Town shall be the sole responsibility of, and shall be borne completely by the proposer. Proposals for the projects as specified will be received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. The Town reserves the right to reject any or all proposals submitted. Proposals submitted will be reviewed by Town staff. It is the responsibility of the proposer to ensure the receipt of any and all addenda related to the proposal. It shall be the sole responsibility of the respondent to insure that their proposal is received by the Purchasing Office within the time limit indicated. Late proposals will not be considered. During the evaluation process, the Town reserves the right, where it may serve the Town’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the Town, firms submitting proposals may be requested to make oral presentations as part of the evaluation process, including an oral presentation to the Town Council. The Town reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this CSP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the Town and the firm selected. All proposals submitted will remain valid for a period of 90 days subsequent to the CSP due date. SC04. SPECIFICATIONS: Proposal must meet or exceed the specifications and requirements herein, in order to be considered. Attachment 3 - Page 183 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 28 SC05: SUBMITTALS: In order for your proposal to be considered responsive, the following information must be submitted: A. Qualifications and Experience 1) Outline contractor and subcontractor experience with similar projects, and label as Attachment A1. 2) Outline qualifications of key personnel assigned to this project and label as Attachment A2. 3) Complete the References Worksheet and label as Attachment A3. B. Pricing 1) For online submissions, please submit the line item pricing. 2) For hard copy submissions, you must print and complete the Bid Lines and submit with your proposal. 3) The Town is exempt from paying Texas State or local sales and use taxes. Please ensure the prices proposed do not include taxes. C. Bid Proposal Conditions (Bid Attributes) 1) For online submissions, you must select “I Agree”, or provide the requested information for each condition accordingly. 2) For hard copy submissions, you must complete and print the Bid Attributes section and submit it with your proposal. D. Supplier Information 1) For hard copy submissions, you must complete and print the Supplier Information section and submit it with your proposal. SC06: EVALUATION CRITERIA: A review committee will evaluate submissions received in accordance with the general criteria defined herein. Failure of respondents to provide in their submission any information requested in this CSP may result in disqualification of the submission. The objective of the review committee will be to select the Proposal that provides the best value to the Town. The decision made by the Town of Prosper will be final. The agreement will be awarded based on the following evaluation criteria: A. Qualifications and Experience (30%) • Contractor and sub-contractor experience with similar projects. • Qualifications of key personnel assigned to this project. • References. B. Project Timeline (20%) C. Cost Proposal (50%) SC07: INTERVIEWS AND PRESENTATIONS: In fairness to all firms, requests for interviews prior to the closing time and date will not be permitted. Interviews with selected firms may or may not be requested by the Town after the closing date. Selection may be made strictly from the information provided in the Proposal. However, the Town reserves the right to conduct interviews with and request presentations from any respondents. SC08: SELECTION AND AWARD: If the Town is unable to reach an agreement with the first-ranked Contractor, the Town shall terminate further discussions with the first-ranked Contractor, and commence negotiations with Attachment 3 - Page 184 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 29 the next-ranked Contractor, in the order of the selection ranking until an agreement is reached, or all Proposals are rejected. Time is of the essence, and the award of the contract to the successful Contractor is expressly conditioned upon (1) the Contractor’s execution and delivery of the Contract, and delivery of all required bonds and evidence of insurance, within ten (10) calendar days after the Contractor is notified of the acceptance of its Proposal, and (ii) the Contractor’s timely fulfillment of any and all other preconditions expressly set forth in the Contract Documents. Should the Contractor fail to timely execute and deliver the contract, required bonds, evidence of insurance, or fail to timely fulfill any other such preconditions, the Town may, at its option and discretion, without releasing, impairing or affecting its right to receive the Proposal security as damages for such failure, rescind the award, commence negotiations with the next ranked Contractor, or may reject all Proposals. There will be no contractual obligation on the part of the Town to any Contractor, nor will any firm have any property interest or other right in the contract or work being proposed, unless and until the Agreement is unconditionally executed and delivered by all parties, all submittals required by the Proposal Documents and Agreement and all conditions to be fulfilled by the selected firm have either been so fulfilled by the firm, or waived in writing by the firm or Town, as applicable. SC09: SUBMISSION OR DELIVERY OF PROPOSAL: Proposals for the construction services specified will be received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. A. Online Submission Proposals may be submitted online through IonWave.net, the Town’s e-procurement system. Please ensure that you provide all required information, including attachments. Any additional response attachments must be uploaded and included with your submission in order to be considered. B. Mailed/Delivered Submission Proposals must be submitted with the RFP number and the respondent’s name and address clearly indicated on the front of the envelope. Please submit one (1) unbound original and a flash drive containing your complete proposal, in a sealed envelope or package to the address listed below: Delivery Address: Town of Prosper Attn: Purchasing Manager 250 W. First St. 3rd Floor Finance Suite Prosper, Texas 75078 Mailing Address (US Postal Service Only): Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 Attachment 3 - Page 185 - Item No. 10. CSP NO: 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL 30 TECHNICAL SPECIFICATIONS TS1: FIBER VAULT AND CONDUIT Conduit and vaults will be installed for future fiber. Bore and vaults to parallel conduit for traffic signal. Cable Vault Specifications Vault will be 30” X 48” X 36” depth in H10 or better rated, open bottom with “TOWN OF PROSPER FIBER OPTICS” raised letter on the lid. Placement of top vault will be even with final ground grade, 50’ of curb radius or right of way line of intersection road. 6” of pea size gravel placed in bottom of vault. An 8’ ground rod will be placed in every vault, with 1’ exposed above pea gravel. The ground resistance of this ground rod will be 25 ohm or less, contractor will provide testing and results. Conduit Specifications 6” schedule 40 PVC with (3) – 2”, (2) – 1 ¼”, (1) – 1” interducts with low friction, polyester fiber pull tape in each interduct, 1800 psi tensile strength. A tracer wire, 10 AWG insulated, will be placed within the 6” duct. The 6” duct will be placed with a minimum of 42” of cover and a 6” orange warning tape placed 1’ below the final ground grade with “Fiber Optic Line” printed on it repeatedly. The interducts will enter all the vaults with a minimum of 18” exposed above the pea gravel. EXHIBIT TS1.1 Please reference the Construction Plans for all other technical specifications Attachment 3 - Page 186 - Item No. 10. 2020-54-B Addendum 3 DURABLE SPECIALTIES, INC. Supplier Response Event Information Number:2020-54-B Addendum 3 Title:Fishtrap Road and Teel Parkway Traffic Signal Type:Competitive Sealed Proposals Issue Date:2/25/2020 Deadline:3/20/2020 10:00 AM (CT) Notes:The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2020-54-B FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL. Proposals will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 10:00 A.M. on Tuesday, March 17, 2020. Any proposals received after this time will not be accepted, and will be returned unopened. Proposals will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the proposal deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of Fishtrap and Teel traffic signal. Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount proposed, payable Page 1 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 187 - Item No. 10. 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 successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50 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 proposal should be emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Friday, March 6, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Please complete and submit the Planholder Registration Form to be placed on the official Planholder Listing. Contact Information Contact:January Cook Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. P.O. Box 307 Page 2 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 188 - Item No. 10. Prosper, TX 75078 Phone:(972) 569-1018 Email:january_cook@prospertx.gov Page 3 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 189 - Item No. 10. DURABLE SPECIALTIES, INC. Information Contact:Keith Fox Address:PO BOX 535969 GRAND PRAIRIE, TX 75053 Phone:(972) 296-6324 Email:keith@durablespecialties.com By submitting your response, you certify that you are authorized to represent and bind your company. Patrick C. Bryan patrick@durablespecialties.com Signature Email Submitted at 3/19/2020 4:19:32 PM Requested Attachments Bid Bond Bid Bond.pdf Attachment A1 Attachment A1.pdf Outline contractor and subcontractor experience with similar projects Attachment A2 Attachment A2.pdf Outline qualifications of key personnel assigned to this project. Attachment A3 Attachment A3.pdf CIP References Worksheet Conflict of Interest Form (optional)No response Only if applicable Out of State Contractor Compliance Form (Optional)No response Only if applicable Bid Attributes 1 Attribute deleted as part of an Addendum 2 Attribute deleted as part of an Addendum 3 Attribute deleted as part of an Addendum 4 Attribute deleted as part of an Addendum 5 Attribute deleted as part of an Addendum 6 Attribute deleted as part of an Addendum 7 Attribute deleted as part of an Addendum 8 Attribute deleted as part of an Addendum 9 Attribute deleted as part of an Addendum 1 0 Attribute deleted as part of an Addendum Page 4 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 190 - Item No. 10. 1 1 Attribute deleted as part of an Addendum 1 2 Attribute deleted as part of an Addendum 1 3 Attribute deleted as part of an Addendum 1 4 Attribute deleted as part of an Addendum 1 5 Attribute deleted as part of an Addendum 1 6 Attribute deleted as part of an Addendum 1 7 Attribute deleted as part of an Addendum 1 8 Attribute deleted as part of an Addendum 1 9 Attribute deleted as part of an Addendum 2 0 Attribute deleted as part of an Addendum 2 1 Attribute deleted as part of an Addendum 2 2 Attribute deleted as part of an Addendum 2 3 Attribute deleted as part of an Addendum 2 4 Attribute deleted as part of an Addendum 2 5 Attribute deleted as part of an Addendum 2 6 Attribute deleted as part of an Addendum 2 7 Attribute deleted as part of an Addendum 2 8 Attribute deleted as part of an Addendum 2 9 Attribute deleted as part of an Addendum 3 0 Attribute deleted as part of an Addendum Page 5 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 191 - Item No. 10. 3 1 Bid Proposal Condition No. 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I Agree 3 2 Bid Proposal Condition No. 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. I Agree 3 3 Bid Proposal Condition No. 3 The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. I Agree 3 4 Bid Proposal Condition No. 4 Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I Agree 3 5 Bid Proposal Condition No. 5 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. I Agree 3 6 Bid Proposal Condition No. 6 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. I Agree 3 7 Bid Proposal Condition No. 7 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I Agree Page 6 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 192 - Item No. 10. 3 8 Bid Proposal Condition No. 8 Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. I Agree 3 9 Bid Proposal Condition No. 9 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I Agree 4 0 Bid Proposal Condition No. 10 Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the number of days proposed. I Agree 4 1 Bid Proposal Condition No. 11 Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work on which he has bid within the number or days proposed as part of this Proposal. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. I Agree 4 2 Bid Proposal Condition No. 12 Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. I Agree 4 3 Bid Proposal Condition No. 13 Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. I Agree 4 4 Bid Proposal Condition No. 14 In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. I Agree Page 7 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 193 - Item No. 10. 4 5 Bid Proposal Condition No. 15 The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. I Agree 4 6 Bid Proposal Condition No. 16 The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. I Agree 4 7 Base Proposal Cost of Materials $105000 4 8 Base Proposal Cost of Labor, Profit, etc. $231885 4 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 5 0 Addendum No. 2 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 5 1 Addendum No. 3 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 5 2 Addendum No. 4 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) No response 5 3 Addendum No. 5 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) No response 5 4 Subcontractor 1 - Name Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If complete listing of subcontracts totals more than five, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. N/A 5 5 Subcontractor 1 - Type of Work No response Page 8 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 194 - Item No. 10. 5 6 Subcontractor 1 - % of Work No response 5 7 Subcontractor 2 - Name No response 5 8 Subcontractor 2 - Type of Work No response 5 9 Subcontractor 2 - % of Work No response 6 0 Subcontractor 3 - Name No response 6 1 Subcontractor 3 - Type of Work No response 6 2 Subcontractor 3 - % of Work No response 6 3 Subcontractor 4 - Name No response 6 4 Subcontractor 4 - Type of Work No response 6 5 Subcontractor 4 - % of Work No response 6 6 Subcontractor 5 - Name No response 6 7 Subcontractor 5 - Type of Work No response 6 8 Subcontractor 5 - % of Work No response 6 9 Supplier 1 - Name Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If complete listing of suppliers totals more than five, please attach such additional pages as may be required. No response 7 0 Supplier 1 - Type of Material/Equipment No response Page 9 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 195 - Item No. 10. 7 1 Supplier 2 - Name No response 7 2 Supplier 2 - Type of Material/Equipment No response 7 3 Supplier 3 - Name No response 7 4 Supplier 3 - Type of Material/Equipment No response 7 5 Supplier 4 - Name No response 7 6 Supplier 4 - Type of Material/Equipment No response 7 7 Supplier 5 - Name No response 7 8 Supplier 5 - Type of Material/Equipment No response 7 9 Project Timeline: Substantial Completion Provide number of days to reach substantial completion of project. 165 8 0 Project Timeline: Final Completion Provide number of days to reach final completion of project. FINAL COMPLETION MUST BE NO LATER THAN AUGUST 3, 2020. No response Bid Lines 1 Drill Shaft (Traffic Signal Pole) (24-Inch Diameter) TXDOT NO: 416 6030 Quantity:48 UOM:LF Unit Price:$275.00 Total:$13,200.00 2 Drill Shaft (Traffic Signal Pole) (36-Inch Diameter) TXDOT NO: 416 6032 Quantity:28 UOM:LF Unit Price:$385.00 Total:$10,780.00 3 Drill Shaft (Traffic Signal Pole) (48-Inch Diameter) TXDOT NO: 416 6034 Quantity:44 UOM:LF Unit Price:$445.00 Total:$19,580.00 4 Conduit (PVC) (Schd 40) (2-Inch) TXDOT NO: 618 6023 Quantity:65 UOM:LF Unit Price:$15.00 Total:$975.00 Page 10 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 196 - Item No. 10. 5 Conduit (PVC) (Schd 40) (3-Inch) TXDOT NO: 618 6029 Quantity:220 UOM:LF Unit Price:$16.00 Total:$3,520.00 6 Conduit (PVC) (Schd 40) (4-Inch) TXDOT NO: 618 6033 Quantity:15 UOM:LF Unit Price:$17.00 Total:$255.00 7 Conduit (PVC) (Schd 40) (6-Inch) (Bore) - Fiber Conduit to meet Town Spec Quantity:605 UOM:LF Unit Price:$52.00 Total:$31,460.00 8 Conduit (PVC) (Schd 40) (4-Inch) (Bore) TXDOT NO: 618 6034 Quantity:605 UOM:LF Unit Price:$46.00 Total:$27,830.00 9 Elec. Conductor (No. 8) Insulated TXDOT NO: 620 6008 Quantity:3870 UOM:LF Unit Price:$2.00 Total:$7,740.00 1 0 Elec. Conductor (No. 6) Bare TXDOT NO: 620 6009 Quantity:900 UOM:LF Unit Price:$2.00 Total:$1,800.00 1 1 Elec. Conductor (No. 6) Insulated TXDOT NO: 620 6010 Quantity:125 UOM:LF Unit Price:$2.00 Total:$250.00 1 2 Ground Box Type C (16x29x11) with Apron TXDOT NO: 624 6008 Quantity:4 UOM:EA Unit Price:$1,440.00 Total:$5,760.00 1 3 Ground Box Type D (16x29x22) with Apron TXDOT NO: 624 6010 Quantity:1 UOM:EA Unit Price:$1,460.00 Total:$1,460.00 1 4 Electrical Service Type D 120/240 070 (NS) AL (E) PS (U) TXDOT NO: 628 6164 Quantity:1 UOM:EA Unit Price:$8,250.00 Total:$8,250.00 1 5 Installing Highway Traffic Signal (Isolated) TXDOT NO: 680 6002 Quantity:1 UOM:EA Unit Price:$40,000.00 Total:$40,000.00 1 6 Vehicle Signal Section (12-inch) LED (Green) TXDOT NO: 682 6001 Quantity:12 UOM:EA Unit Price:$500.00 Total:$6,000.00 1 7 Vehicle Signal Section (12-inch) LED (Green Arrow) TXDOT NO: 682 6002 Quantity:4 UOM:EA Unit Price:$500.00 Total:$2,000.00 1 8 Vehicle Signal Section (12-inch) LED (Yellow) TXDOT NO: 682 6003 Quantity:12 UOM:EA Unit Price:$500.00 Total:$6,000.00 1 9 Vehicle Signal Section (12-inch) LED (Yellow Arrow) TXDOT NO: 682 6004 Quantity:8 UOM:EA Unit Price:$500.00 Total:$4,000.00 2 0 Vehicle Signal Section (12-inch) LED (Red) TXDOT NO: 682 6005 Quantity:12 UOM:EA Unit Price:$500.00 Total:$6,000.00 Page 11 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 197 - Item No. 10. 2 1 Vehicle Signal Section (12-inch) LED (Red Arrow) TXDOT NO: 682 6006 Quantity:8 UOM:EA Unit Price:$500.00 Total:$4,000.00 2 2 Pedestrian Signal Section (12-inch) LED (Countdown) TXDOT NO: 682 6018 Quantity:8 UOM:EA Unit Price:$1,000.00 Total:$8,000.00 2 3 Back Plate (12-inch) (3 Section) TXDOT NO: 682 6023 Quantity:12 UOM:EA Unit Price:$150.00 Total:$1,800.00 2 4 Back Plate (12-inch) (5 Section) TXDOT NO: 682 6025 Quantity:4 UOM:EA Unit Price:$175.00 Total:$700.00 2 5 Traffic Signal Cable (Type A) (14 AWG) (5 Conductor) TXDOT NO: 684 6031 Quantity:465 UOM:LF Unit Price:$2.00 Total:$930.00 2 6 Traffic Signal Cable (Type A) (14 AWG) (7 Conductor) TXDOT NO: 684 6033 Quantity:235 UOM:LF Unit Price:$2.00 Total:$470.00 2 7 Traffic Signal Cable (Type A) (14 AWG) (10 Conductor) TXDOT NO: 684 6036 Quantity:1630 UOM:LF Unit Price:$3.00 Total:$4,890.00 2 8 Traffic Signal Cable (Type A) (14 AWG) (20 Conductor) TXDOT NO: 684 6046 Quantity:790 UOM:LF Unit Price:$4.00 Total:$3,160.00 2 9 Traffic Signal Cable (Type C) (12 AWG) (2 Conductor) TXDOT NO: 684 6079 Quantity:1670 UOM:LF Unit Price:$2.50 Total:$4,175.00 3 0 Installing Traffic Signal Pole and Mast Arm (36-ft) Luminaire and ILSN. TXDOT NO: 686 6040 Quantity:1 UOM:EA Unit Price:$2,850.00 Total:$2,850.00 3 1 Installing Traffic Signal Pole and Mast Arm (40-ft) Luminaire and ILSN. TXDOT NO: 686 6044 Quantity:1 UOM:EA Unit Price:$2,850.00 Total:$2,850.00 3 2 Installing Traffic Signal Pole and Mast Arm (50-ft) Luminaire and ILSN. TXDOT NO: 686 6056 Quantity:2 UOM:EA Unit Price:$3,750.00 Total:$7,500.00 3 3 Installing Pedestal Pole Assembly TXDOT NO: 687 6001 Quantity:8 UOM:EA Unit Price:$1,300.00 Total:$10,400.00 3 4 Installing Pedestrian Detection Push Button (APS) TXDOT NO: 688 6001 Quantity:8 UOM:EA Unit Price:$190.00 Total:$1,520.00 3 5 Radar Presence Detector TXDOT NO: 6025 6001 Quantity:4 UOM:EA Unit Price:$10,525.00 Total:$42,100.00 3 6 Radar Presence Detector Comm Cable TXDOT NO: 6025 6002 Quantity:870 UOM:LF Unit Price:$4.00 Total:$3,480.00 Page 12 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 198 - Item No. 10. 3 7 Installing BBU System (External Batt Cabinet) TXDOT NO: 6058 6001 Quantity:1 UOM:EA Unit Price:$1,000.00 Total:$1,000.00 3 8 Fiber Conduit Vault Quantity:4 UOM:EA Unit Price:$4,800.00 Total:$19,200.00 3 9 Mobilization Quantity:1 UOM:LS Unit Price:$12,500.00 Total:$12,500.00 4 0 Traffic Control and Regulation Quantity:1 UOM:LS Unit Price:$8,500.00 Total:$8,500.00 Response Total: $336,885.00 Page 13 of 13 pages Vendor: DURABLE SPECIALTIES, INC.2020-54-B Addendum 3 Attachment 3 - Page 199 - Item No. 10. BID BOND STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned. Durable Specialties, lnc. , 6ifie56 address is 2 i02 Paddock W I)rive (irand Prairie 75Q50 hereinafter called Principal, andTX 6.eot,@acorporationorganizedandexistingUnderthelawSoftheStateof , 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 organjze-d aFd exiEting under the laws of the St;te of Texas, here nafter referied to as'Owner,"in the penai sum ot S- iJIi)'^T* "' - 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 vrork project, in lavr'ful 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 jojntly and severally flrmly 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 trereof, to enter into a contract in writing, for the construction of: csP N0.2020.54.8 FISHTRAP ROAD AND TEEL PARKWAY TRAFFIC SIGNAL NOW, THEREFORE, i{ the Principal's Proposal shall be relected 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, otheMise the same shall remain in force and affecti 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 aflected by an extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any such extension. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-'1 of the lnsurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WTNESS WHE REoF, thls instrument is executed and shall be deemed an original, this, the 20th 2020.day 6f March Attachment 3 - Page 200 - Item No. 10. ATTEST PRINCIPAL: I)urablc Spccialtics. Inc Compa ny lgme r/.,/--By: r./4 t/1-rT Sionature ,rf;,1A I?X Typed/Printed Name l)i ta.t 5 Tite Z.3a z d" Address C-,)fro,ie -ix 75oSL) Jiqnature/q/r;,{a BrYon By: Typed/Prin!ed t're>'r,ha Name Title 2302 Paddock Wav Drive Address Grand Prairie TX 7-( 050 City By State 7p Fax City State 972-880-2286 Zip 1 Z Phore ATTEST: Phone SURETY: Grear amcrican Insurance By: Jack M. Crorvley Printed Name Anomcy-in-Fact Fax ofNeu York Sign Dyl'an F Printed Name Address Dallas Title 500 N. Al<ard Street, Suite 4300 Tifle 301 EFou h Street TX 7 5201 Address (lrrclnnatr otI .15201 City 972-7 t5-6289 State zip City 5 r3-369-5000 State ztp 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: p4yg Teuta Luri ,'Willis Towers Watson Insurance Services West, Inc. STREET ADDRESS: 500 N. Akatd Strccl. Suitc 4-300 CITY, STATE, ZIP: Dallas. TX 75201 N0TE: lf Resident Agent is not a corporation, give a person's name. Attachment 3 - Page 201 - Item No. 10. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The number of persons authorized by this power of aitorney is not more thin FOUR No.O 21394 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thar rhe GREAT ANIERICAN INSURANCE COI\4PANY OF NEW YOBK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-lact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or conlracl ol suretyship executed under ihis authority shall noi exceed the limit stated belowName Address Limit of Power JACK M, CROWLEY ALL OF ALL STEVEN R, FOSTER DALLAS, TEXAS SIOO OOO,OOO IEUTA LURI LAURIE PFLUG This Power of Attorney revokes all previous powers issued on behalt o, the attorney(s)-in-tact named above, lN WTNESS WHEHEOF, the GREATAMERICAN INSURANCE COMPANY OF NEWYOFIK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 6TH day ot JANUARY , 2o2o - Attest GREAT AMERICAN INSUHANCE COI\,IPANY OF NEW YORK @ 4',3_tla//** lttutrynl *Dht Lit. 1'^\dtnt MABK VICAFtO (377-377 2405) STATE OF OHIO, COUNTY OF HAMILTON-ss: On this 6TH day of JANUARY , 2o2o , belore me personally appeared MAHK VlCAFllO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division ot Great American lnsurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws ot said Company, and that he signed his name thereto by like authority. &lanA"l0lud ttfirPtahrd(Ib kCmffirErirGl0rf0 This Power of Attorney is granted by authority of the following resolutions adopred by the Board of Directors of Great American lnsurance Company of New York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisional President, the several Divisional Senior Vice Prcsidents, Divisional Vice Presidents and Divisional Asslstant lrce Presidents, or any one of them, be and hereby is authodzed, lrom time to time, to appoint one or more Attorneys in-Fact to execute on behalf of the Company, as surety, any and all bonds, undedakingsand contracts of surctyship, ot othet witten obligations in the nature thercof; to prescibe their rcspective duties and the rcspective limits ol theh authoity; and to rcvoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature ol any ol the aforesaid olficers and any Secrctary ot Assistant Secretary of the Company may be aflixed by lacsimile to any powq ol altorney or ceiificate of either given lor the execution of any bond, undertaking, contruct of suretyship, o( other written obligation in the nature thereof, such signatute and seal when so used being hereby adopted by the Company as the original signature of such olficer and the o ginal seal of lhe Company, to be valid and binding upon the Company with the same torce and elfect as though manually alfixed. CERTIFICATION l, STEPHEN C. BERAHA, Assistant Secretary of Great American lnsurance Company ol New York, do hereby certily thal the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. I sisnedandsearedthis 'Zi fl a^yo, PIA A'c-l--' 2:OZOt$cc.3_SEAI- s1r85M (07n 8) ffi /,-.**n4** Attachment 3 - Page 202 - Item No. 10. Gneallruor*,n INSURAI.JCE GNOUP Great American Insurance Company of New York Great American Alliance Insurance Company Great Amcrican Insurance ComPanY IMPORTANT NOTICE: To obrain information or make a complaint: You may contact the Texas Department of lnsurance to obtain information on companies, coverages. rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX: l-5rZ-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American lnsurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American lnsurance Company Claim office by: Fax: l -888-290-3706 Telephone: l-513-369-5091 Email: bondclaims@gaic.com PREMILM OR CLAIM DISPUTES: lfyou have a dispute concerning a premium. you should contact the agent first. If y'ou - have a dispute conceming a claim. you should contact the compalry first. Ifthe dispute is not resolved, you may conlacl the Texas Departmenl of Insurance. ATTACH THIS NOTICE TO YOI,]R BOND: This notice is for infonnation only and does not become a part or condition ofthe attached document. F.9667A (31r l) Attachment 3 - Page 203 - Item No. 10. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon awarding Bid No. 2020-41-B to McMahon Contracting LP, related to construction services for the Victory Way project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On April 7, 2020, at 10:00 AM, six (6) bids were received for the Victory Way project. The project includes the construction of 2 concrete lanes of an ultimate 4-lane section of Victory Way from Coleman Road to Frontier Parkway. At Frontier Parkway the roadway will be constructed to its ultimate 4-lane section to coincide with the paving improvements to be constructed with the Frontier Parkway (DNT – Preston) project. The project also includes the installation of the drainage system for the roadway with a substantial drainage culvert system at the creek. The project was advertised using the A+B Bidding alternative procurement method to allow the Town to award the project to the contractor that offers the best value, taking into consideration the number of days bid. The number of days bid is multiplied by the value of a calendar day as listed below, and added to each bidder’s base bid: Amount of Contract ($) Value of a Calendar Day($) $1,500,000 to $1,999,999.99 $500 per day $2,000,000 to $2,999,999.99 $1,000 per day $3,000,000 to $3,999,999.99 $1,500 per day $4,000,000.00 or more $2,000 per day The base bid included the construction of four (4) 11’ x 8’ drainage culverts under Victory Way at a creek crossing, and the alternate bid allowed the use of five (5) 9’ x 8’ drainage culverts instead of the four (4) 11’ x 8’ drainage culverts. The verified bid totals ranged between $2,147,398.47 and $3,234,118.85 for the base bid, and $2,037,108.25 and $3,450,560.35 for the alternate bid. The cost for the IT Fiber Conduit is $45,704.00. The Engineer's Estimate was $1,921,400 for the base bid. The proposed final completion times ranged from 130 calendar days to 270 calendar days. Prosper is a place where everyone matters. ENGINEERING SERVICES - Page 204 - Item No. 11. Page 2 of 2 The bids were tabulated in accordance with the evaluation criteria to determine the contractor that offered the best value. McMahon Contracting LP, was the firm ranked the highest for the project after consideration of Costs and Time, with a cost of $2,037,108.25 (with alternate bid), and time of 130 days for final completion. Due to higher than expected costs for the installation of the IT Fiber Conduit, staff recommends that the IT Fiber Conduit be removed from the scope of the project. That would decrease the overall construction costs to $1,991,404.25. McMahon Contracting LP, recently completed the construction of the West Prosper Roads, Segment D project. Staff checked the references provided and received positive feedback. Budget Impact: The cost for the construction is $1,991,404.25 (with alternate bid) and no IT Fiber Conduit. The FY 2019-2020 Capital Improvement Program includes $2,250,000 for the construction of the Victory Way project. The funding sources is Account No. 750-6610-50-00-1823-ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary 3. Construction Agreement Town Staff Recommendation: Town staff recommends that the Town Council award Bid No. 2020-41-B to McMahon Contracting LP, related to construction services for the Victory Way project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2020-41-B to McMahon Contracting LP, related to construction services for the Victory Way project; and authorize the Town Manager to execute a construction agreement for same. - Page 205 - Item No. 11. LOCATION MAP Victory Way Coleman Road - Frontier Parkway Victory WayFrontier Parkway Coleman RoadBNSF Rail RoadProsper High School - Page 206 - Item No. 11. Solicitation Number Solicitation Title Close Date Responding Supplier Base Bid (A) Time Value (B) Total Value Bid with Alt (A) Time Value with Alt (B)Total Value with Alt McMahon Contracting LP 2,217,341.80$ 130,000.00$ 2,347,341.80$ 2,037,108.25$ 130,000.00$ 2,167,108.25$ Mario Sinacola & Sons Excavating, Inc.2,380,242.00$ 143,000.00$ 2,523,242.00$ 2,242,492.00$ 143,000.00$ 2,385,492.00$ Pavecon Public Works, LP 2,147,398.47$ 135,000.00$ 2,282,398.47$ 2,270,845.67$ 135,000.00$ 2,405,845.67$ DDM Construction Corporation 2,522,009.00$ 219,000.00$ 2,741,009.00$ 2,413,259.00$ 219,000.00$ 2,632,259.00$ Accelerated Critical Path, Inc.2,640,303.00$ 180,000.00$ 2,820,303.00$ 3,144,178.00$ 270,000.00$ 3,414,178.00$ Tiseo Paving Co.3,234,118.85$ 247,500.00$ 3,481,618.85$ 3,450,560.35$ 247,500.00$ 3,698,060.35$ Solicitation Number Solicitation Title Close Date Responding Supplier Bid with Alt (A) Time Value with Alt (B)Total Value with Alt McMahon Contracting LP 1,991,404.25$ 130,000.00$ 2,121,404.25$ Mario Sinacola & Sons Excavating, Inc.2,204,892.00$ 143,000.00$ 2,347,892.00$ Pavecon Public Works, LP 2,233,035.79$ 135,000.00$ 2,368,035.79$ DDM Construction Corporation 2,397,499.00$ 219,000.00$ 2,616,499.00$ Accelerated Critical Path, Inc.3,104,818.00$ 270,000.00$ 3,374,818.00$ Tiseo Paving Co.3,375,300.35$ 247,500.00$ 3,622,800.35$ TOWN OF PROSPER REVISED BID SUMMARY (ITEMS 1.1-1.27, 1.29-1.65, AND ALTERNATE ITEM 2.1) 2020-41-B Victory Way 4/7/2020 10:00:00 AM (CT) TOWN OF PROSPER ORIGINAL BID SUMMARY 2020-41-B Victory Way 4/7/2020 10:00:00 AM (CT) Attachment 2 - Page 207 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR VICTORY WAY BID NO. 2020-41-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Marcus E. Ray, Place 1 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager - Page 208 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 2 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 LEGAL NOTICE .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ...................................................................................... 4 SAMPLE CONSTRUCTION AGREEMENT .................................................................... 5 PERFORMANCE BOND ............................................................................................... 18 PAYMENT BOND.......................................................................................................... 21 MAINTENANCE BOND ................................................................................................. 24 SPECIAL CONDITIONS ................................................................................................ 27 TECHNICAL SPECIFICATIONS ................................................................................... 30 - Page 209 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 3 LEGAL NOTICE The Town of Prosper is accepting competitive sealed bids for BID NO. 2020-41-B VICTORY WAY. Bids will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 10:00 A.M. on Thursday, April 2, 2020. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of concrete roadway including 9 inch concrete pavement with line-stabilized subgrade, roadway striping and signage, removal and replacement of barbed-wire and chain-link fencing, sidewalk and ADA pedestrian ramp, asphalt pavement, RCP and RCB storm sewer conduits, wye inlets, junction boxes, curb inlets, culvert headwalls and wingwalls, TXDOT C402 rails with stone veneer, 12-inch water line and gate valve fire hydrant assembly, sanitary sewer manhole, landscaping shrubs, relocation of irrigation system and all other incidentals. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50.00 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 25, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. - Page 210 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 4 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 10:00 A.M. on Thursday, April 2, 2020. 2. Submittal Location: Bids will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078. 3. Electronic Submittal Requirements: If submitting bid through IonWave.net, Bidder shall complete all requested information and submit all required documents. 4. Hard Copy Submittal Requirements: If submitting bid in hard copy, Bidder shall submit one (1) original and one (1) copy of their bid in a sealed envelope clearly marked with their name and BID NO. 2020-41-B VICTORY WAY. Bidder shall complete all requested information and submit all required documents. 5. Bid Opening: Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. 6. Bid Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Engineering Department 250 W. First Street Prosper, TX 75078 Phone: 972-569-1198 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 7. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 25, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 8. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 9. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. 10. Site Visit: N/A - Page 211 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 5 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 McMahon Contracting, LP, a Texas limited partnership (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. 2020-41-B VICTORY WAY (LINE ITEMS 1.1 TO 1.27, 1.29 TO 1.65, AND ALTERNATE ITEM 2.1) 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 bid, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Bid; 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, - Page 212 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 6 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 Million Nine Hundred Ninety-One Thousand Four Hundred Four Dollars and Twenty-Five cents ($1,991,404.25). 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 110 calendar days after the date of the Notice to Proceed for the base bid. Within 20 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Construction must be substantially complete (substantially complete being defined as the road being open to vehicular traffic) by October 1, 2020. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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. - Page 213 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 7 CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (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.) - Page 214 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 8 E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s bid. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: BID No. 2020-41-B VICTORY WAY 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury - Page 215 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 9 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. - Page 216 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 10 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed 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. - Page 217 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 11 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. G. 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 - Page 218 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 12 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: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. 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. H. 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. I. 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 - Page 219 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 13 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. J. 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. K. 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 - Page 220 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 14 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. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. M. 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 - Page 221 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 15 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. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE - Page 222 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 16 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. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 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. [Signatures continued on following page.] - Page 223 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 17 MCMAHON CONTRACTING, LP TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 3019 Roy Orr Blvd. Grand Prairie, Texas 75050 Phone: (972) 263-6907 Email: will@mcmahoncontracting.com Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: harlan_jefferson@prospertx.gov ATTEST: MELISSA LEE Town Secretary - Page 224 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 18 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 28th day of April, A.D. 2020, 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. 2020-41-B VICTORY WAY (LINE ITEMS 1.1 TO 1.27, 1.29 TO 1.65, AND ALTERNATE ITEM 2.1) in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in 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. - Page 225 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 19 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 two 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.] - Page 226 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 20 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. - Page 227 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 21 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 28th day of April, A.D. 2020, 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. 2020-41-B VICTORY WAY (LINE ITEMS 1.1 TO 1.27, 1.29 TO 1.65, AND ALTERNATE ITEM 2.1) 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. 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 - Page 228 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 22 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 two 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.] - Page 229 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 23 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. - Page 230 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 24 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 28th day of April 2020, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2020-41-B VICTORY WAY (LINE ITEMS 1.1 TO 1.27, 1.29 TO 1.65, AND ALTERNATE ITEM 2.1) in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. 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. - Page 231 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 25 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 two 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.] - Page 232 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 26 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax - Page 233 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 27 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2020-41-B VICTORY WAY 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: D. Bryant Caswell SC.03 MINIMUM QUALIFICATIONS OF VENDORS: The Town will only consider Bidders who meet the Minimum Qualifications identified in this section. Should the Town determine, in its sole discretion, that the Bidder does not meet these Minimum Qualifications, the Town will disqualify the Bidder and its bid will be rejected as non- responsible. Experience performing projects of similar scope, quantities, and cost will be a primary consideration of meeting the minimum qualifications. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish its financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Bidders are subject to disqualification if they fail to provide evidence within the five-day period. Confident bidders are strongly encouraged to have this evidence ready by Bid Opening. Submissions will be made to the Director of Engineering Services, Town of Prosper, 250 W. First Street, Prosper, Texas. The Town reserves the right to conduct site/yard visits to the Bidders' place of business, yard sites or current project sites. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost, project start date and estimated completion date shall be submitted. B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below meeting the following requirements shall be submitted: 1. Roadway and Drainage Projects a. Completed within the previous five years from the date of the Owner’s request; b. Located in the Dallas-Fort Worth Metroplex; c. Scope of work consisting of similar items and quantities; and d. Copy of actual project schedule used during construction; e. This qualification may be met with the qualifications from a sub-contractor. C. Key Personnel Resumes. If requested, bidder shall provide resumes of LOCAL personnel expected to oversee this project. Resumes shall be provided for executive and management team as well as on-site project manager. - Page 234 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 28 D. Financial Statement. Each Bidder shall be prepared to submit upon request of the Owner a financial statement prepared by an independent Certified Public Accountant with no evidence of threatening losses (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Proof that the bidder maintains a permanent place of business (must be submitted within five (5) days if requested). SC.04 BID AWARD: The award shall be based on the lowest responsive and responsible bidder taking into consideration the number of days bid to complete the project. A. For the purpose of award, each bid submitted shall consist of: 1. Base Bid (A) = The correct summation of the products and the quantities shown in the bid proposal, multiplied by the bid unit prices. 2. Time Bid (B) = (CD x Daily Value). The product of the total number of calendar days (CD) provided by the Contractor to complete the project and the daily value established in SC.04 B. 3. Total Bid = Base Bid (A) + Time Bid (B). The lowest Total Bid will be determined by the Town as the lowest sum of the Base Bid (A) + the Time Bid (B). Note: The dollar value of the Time Bid (B) will be used for evaluation purposes only, and will not be included in the contract award. However, the successful Contractor will be responsible for completing construction within the number of calendar days bid. B. Contractor will enter the number of days to complete the project in the appropriate Bid Line, with the corresponding value of a calendar day indicated in the matrix below, based on total of Contractor’s Base Bid (A). The Town reserves the right to set a maximum value to the total number of days. Amount of Contract ($) Value of a Calendar Day ($) $1,500,000 to $1,999,999.99 $500 per day $2,000,000 to $2,999,999.99 $1,000 per day $3,000,000 to $3,999,999.99 $1,500 per day More than $4,000,000.00 $2,000 per day SC.05: PROJECT COMPLETION REQUIREMENT: Contractor is hereby notified that Frontier Parkway will begin construction in October of 2020. With the construction of Frontier Parkway, existing Talon Lane will be closed to the public. Victory Way must be substantially complete (substantially complete being defined as the road being open to vehicular traffic) by October 1, 2020. SC.06: SUBMISSION OR DELIVERY OF BID: Bids for the construction services specified will be received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. A. Online Submission Bids may be submitted online through IonWave.net, the Town’s e-procurement system. Please ensure that you provide all required information, including attachments. Any additional response attachments must be uploaded and included with your submission in order to be considered. - Page 235 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 29 B. Mailed/Delivered Submission Bids must be submitted with the BID number and the respondent’s name and address clearly indicated on the front of the envelope. Please submit one (1) unbound original and one (1) copy of your bid, in a sealed envelope or package to the address listed below: Delivery Address: Town of Prosper Attn: Purchasing Manager 250 W. First St. 3rd Floor Finance Suite Prosper, Texas 75078 Mailing Address (US Postal Service Only): Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 - Page 236 - Item No. 11. BID NO: 2020-41-B VICTORY WAY 30 TECHNICAL SPECIFICATIONS TS.01 GENERAL REQUIREMENTS: Bidders are specifically directed to become thoroughly familiar with the following standard specifications, in order of precedence, that shall apply to this project unless otherwise noted in the Bidding Documents: A. Town of Prosper Standards B. The North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, Fifth Edition, dated November 2017. C. Texas Department of Transportation (TXDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, dated November 2014. Please reference the Construction Plans for all other technical specifications - Page 237 - Item No. 11. 2020-41-B Addendum 3 McMahon Contracting LP Supplier Response Event Information Number:2020-41-B Addendum 3 Title:Victory Way Type:Request for Bids Issue Date:3/11/2020 Deadline:4/7/2020 10:00 AM (CT) Notes:The Town of Prosper is accepting competitive sealed bids for BID NO. 2020-41-B VICTORY WAY. Bids will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 10:00 A.M. on Thursday, April 2, 2020. Any bids received after this time will not be accepted and will be returned unopened. Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of concrete roadway including 9 inch concrete pavement with line-stabilized subgrade, roadway striping and signage, removal and replacement of barbed-wire and chain-link fencing, sidewalk and ADA pedestrian ramp, asphalt pavement, RCP and RCB storm sewer conduits, wye inlets, junction boxes, curb inlets, culvert headwalls and wingwalls, TXDOT C402 rails with stone veneer, 12-inch water line and gate valve fire hydrant assembly, sanitary sewer Page 1 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 238 - Item No. 11. manhole, landscaping shrubs, relocation of irrigation system and all other incidentals. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50 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 regard to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 25, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Please complete and submit the Planholder Registration Form to be placed on the official Planholder Listing for this project. Contact Information Contact:January Cook Purchasing Manager Address:Purchasing Office Town Hall 3rd Floor 250 W. First St. Page 2 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 239 - Item No. 11. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:january_cook@prospertx.gov Page 3 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 240 - Item No. 11. McMahon Contracting LP Information Contact:Shelley McMahon Address:3019 Roy Orr Boulevard Grand Prairie, TX 75050 Phone:(972) 263-6907 Fax:(972) 264-0008 Toll Free:(972) 263-6907 Email:shelley@mcmahoncontracting.com By submitting your response, you certify that you are authorized to represent and bind your company. Will Mee will@mcmahoncontracting.com Signature Email Submitted at 4/7/2020 8:24:38 AM Requested Attachments Bid Bond Bid Bond Scan.pdf References Worksheet CIP_References_Worksheet_-_fillable McMahon.pdf Conflict of Interest Form (optional)Conflict of Interest Questionnaire - fillable McMahon.pdf Only if applicable Out of State Contractor Compliance Form (Optional)No response Only if applicable Response Attachments ADDITIONAL SUBS.pdf ADDITIONAL SUBS Bid Attributes 1 Bid Proposal Condition No. 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I Agree 2 Bid Proposal Condition No. 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. I Agree Page 4 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 241 - Item No. 11. 3 Bid Proposal Condition No. 3 The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. I Agree 4 Bid Proposal Condition No. 4 Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I Agree 5 Bid Proposal Condition No. 5 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. I Agree 6 Bid Proposal Condition No. 6 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. I Agree 7 Bid Proposal Condition No. 7 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I Agree 8 Bid Proposal Condition No. 8 Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. I Agree 9 Bid Proposal Condition No. 9 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I Agree Page 5 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 242 - Item No. 11. 1 0 Bid Proposal Condition No. 10 Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the number of days bid. I Agree 1 1 Bid Proposal Condition No. 11 Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work 30 days prior to the total number of days bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. I Agree 1 2 Bid Proposal Condition No. 12 Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. I Agree 1 3 Bid Proposal Condition No. 13 Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. I Agree 1 4 Bid Proposal Condition No. 14 In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. I Agree 1 5 Bid Proposal Condition No. 15 The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. I Agree 1 6 Bid Proposal Condition No. 16 The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. I Agree 1 7 Base Bid Cost of Materials $1485619.00 Page 6 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 243 - Item No. 11. 1 8 Base Bid Cost of Labor, Profit, etc. $731722.80 1 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 0 Addendum No. 2 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 1 Addendum No. 3 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 2 Addendum No. 4 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) No response 2 3 Addendum No. 5 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) No response 2 4 Subcontractor 1 - Name Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If complete listing of subcontracts totals more than five, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. LUIGIS 2 5 Subcontractor 1 - Type of Work SIDEWALK /BFR 2 6 Subcontractor 1 - % of Work 2.7% 2 7 Subcontractor 2 - Name STENSON LANDSCAPE 2 8 Subcontractor 2 - Type of Work LANSCAPING 2 9 Subcontractor 2 - % of Work 6% Page 7 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 244 - Item No. 11. 3 0 Subcontractor 3 - Name DIXON EROSION 3 1 Subcontractor 3 - Type of Work EROSION 3 2 Subcontractor 3 - % of Work 3% 3 3 Subcontractor 4 - Name METROPLEX PAVEMENT MARKING 3 4 Subcontractor 4 - Type of Work STRIPING / SIGNS 3 5 Subcontractor 4 - % of Work 0.7% 3 6 Subcontractor 5 - Name IMT 3 7 Subcontractor 5 - Type of Work INLETS 3 8 Subcontractor 5 - % of Work 1.9% 3 9 Supplier 1 - Name Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If complete listing of suppliers totals more than five, please attach such additional pages as may be required. THOMPSON PIPE 4 0 Supplier 1 - Type of Material/Equipment RCP / RCB 4 1 Supplier 2 - Name BARNSCO 4 2 Supplier 2 - Type of Material/Equipment REINFORCING STEEL 4 3 Supplier 3 - Name REDI MIX CONCRETE 4 4 Supplier 3 - Type of Material/Equipment CONCRETE Page 8 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 245 - Item No. 11. 4 5 Supplier 4 - Name FERGUSON 4 6 Supplier 4 - Type of Material/Equipment UTILITY PIPE 4 7 Supplier 5 - Name US LIME 4 8 Supplier 5 - Type of Material/Equipment LIME Bid Lines 1 Package Header Project I: Victory Way Quantity:1 UOM:LS Total:$2,217,341.80 Package Items 1.1 Mobilization, bonds, and insurance Quantity:1 UOM:LS Unit Price:$101,420.42 Total:$101,420.42 1.2 Site preparation, including all clearing, grubbing, and disposal. All work fully performed. Quantity:2 UOM:AC Unit Price:$8,840.94 Total:$17,681.88 1.3 Unclassified excavation (Cut) and placement of fill Quantity:2800 UOM:CY Unit Price:$11.60 Total:$32,480.00 1.4 Borrow (Imported Fill), compacted, complete and in place Quantity:2700 UOM:CY Unit Price:$12.22 Total:$32,994.00 1.5 9-inch reinforced concrete paving, complete and in place. Quantity:5878 UOM:SY Unit Price:$50.32 Total:$295,780.96 1.6 Lime Treated Subgrade (12-inch) @ 8% application rate, complete and in place. Quantity:7100 UOM:SY Unit Price:$3.12 Total:$22,152.00 1.7 Soil reconditioning and compaction (24-inch depth) Quantity:7100 UOM:SY Unit Price:$5.95 Total:$42,245.00 1.8 Moisture Barrier Quantity:8000 UOM:SY Unit Price:$1.28 Total:$10,240.00 1.9 Construction of 6 sidewalk (4-inch thickness), complete and in place. Quantity:1170 UOM:SY Unit Price:$56.84 Total:$66,502.80 1.10 Construction of pedestrian facilities curb ramps (ADA), complete and in place. Quantity:1 UOM:EA Unit Price:$2,146.00 Total:$2,146.00 1.11 Construction of 5-inch asphalt pavement (HMAC, 2-inch Type D over 3-inch Type A), complete and in place. Quantity:460 UOM:SY Unit Price:$49.07 Total:$22,572.20 Page 9 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 246 - Item No. 11. 1.12 Lime Treated Subgrade (8-inch) @ 42 lbs/SY (for asphalt pavement), complete and in place. Quantity:460 UOM:SY Unit Price:$3.32 Total:$1,527.20 1.13 Lime for Stabilization Quantity:159 UOM:TN Unit Price:$187.92 Total:$29,879.28 1.14 Concrete pavement repair per plan details, all work fully performed. Quantity:40 UOM:SY Unit Price:$80.85 Total:$3,234.00 1.15 Connect to Existing Concrete Pavement at Coleman St. Quantity:84 UOM:LF Unit Price:$16.83 Total:$1,413.72 1.16 Construction of all concrete street headers, complete and in place. Quantity:294 UOM:LF Unit Price:$13.87 Total:$4,077.78 1.17 Implementation of traffic control plan, all work fully performed. Quantity:1 UOM:LS Unit Price:$9,858.05 Total:$9,858.05 1.18 Roadway striping and signage, complete and in place. Quantity:1 UOM:LS Unit Price:$16,823.19 Total:$16,823.19 1.19 21-inch Class III RCP, complete and in place. Quantity:186 UOM:LF Unit Price:$91.94 Total:$17,100.84 1.20 24-inch Class III RCP, complete and in place. Quantity:36 UOM:LF Unit Price:$101.67 Total:$3,660.12 1.21 27-inch Class III RCP, complete and in place. Quantity:324 UOM:LF Unit Price:$100.94 Total:$32,704.56 1.22 30-inch Class III RCP, complete and in place. Quantity:89 UOM:LF Unit Price:$142.92 Total:$12,719.88 1.23 42-inch Class III RCP, complete and in place. Quantity:112 UOM:LF Unit Price:$207.41 Total:$23,229.92 1.24 54-inch Class III RCP, complete and in place. Quantity:89 UOM:LF Unit Price:$289.78 Total:$25,790.42 1.25 24-inch RCP culvert (at Frontier Parkway), complete and in place. Quantity:86 UOM:LF Unit Price:$103.33 Total:$8,886.38 1.26 Precast Safety End Treatments, complete and in place. Quantity:2 UOM:EA Unit Price:$1,623.92 Total:$3,247.84 1.27 4x2 RCB, including excavation, backfill, and all other incidentals, complete and in place. Quantity:674 UOM:LF Unit Price:$258.18 Total:$174,013.32 1.28 11x8 RCB, complete in place. Quantity:580 UOM:LF Unit Price:$981.01 Total:$568,985.80 1.29 10 recessed curb inlets, including excavation, backfill, and all other incidentals, complete and in place. Quantity:4 UOM:EA Unit Price:$4,524.00 Total:$18,096.00 1.30 15 recessed curb inlets, including excavation, backfill, and all other incidentals, complete and in place. Quantity:1 UOM:EA Unit Price:$6,264.00 Total:$6,264.00 Page 10 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 247 - Item No. 11. 1.31 4x4 wye inlets (inlcuding apron, excavation, backfill, and all other incidentals), complete and in place. Quantity:3 UOM:EA Unit Price:$4,060.00 Total:$12,180.00 1.32 6x6 wye inlets (inlcuding apron, excavation, backfill, and all other incidentals), complete and in place. Quantity:1 UOM:EA Unit Price:$7,192.00 Total:$7,192.00 1.33 Construction of culvert headwalls and wingwalls (Including footing, TXDOT C402 handrails, and stone veneer) as shown in plans and as specified, complete in place. Quantity:1 UOM:LS Unit Price:$244,890.00 Total:$244,890.00 1.34 6 square storm junction boxes, including excavation, backfill, and all other incidentals, complete and in place. Quantity:1 UOM:EA Unit Price:$6,380.00 Total:$6,380.00 1.35 Connection to existing storm sewer at Coleman St., all work fully performed. Quantity:1 UOM:LS Unit Price:$2,297.59 Total:$2,297.59 1.36 Removal of existing wye inlet at Coleman St., all work fully performed. Quantity:1 UOM:EA Unit Price:$927.64 Total:$927.64 1.37 Rock rubble rip-rap with filter fabric of Flexamat, complete and in place. Quantity:798 UOM:SY Unit Price:$81.00 Total:$64,638.00 1.38 Permanent turf reinforcement mat (LandLok 300 or equal), complete and in place. Quantity:800 UOM:SY Unit Price:$17.40 Total:$13,920.00 1.39 4-inch concrete rip-rap (Near LAT C-3 Drop Inlet), complete and in place. Quantity:11 UOM:SY Unit Price:$99.37 Total:$1,093.07 1.40 Trench safety system according to specifications, state, and federal regulations, complete and in place. Quantity:2233 UOM:LF Unit Price:$1.64 Total:$3,662.12 1.41 Remove and salvage fire hydrant as shown in the plans, all work fully performed. Quantity:1 UOM:EA Unit Price:$907.58 Total:$907.58 1.42 Install Fire hydrant assembly as shown in the plans, all work fully performed. Quantity:1 UOM:EA Unit Price:$4,352.10 Total:$4,352.10 1.43 12-inch gate valve, complete and in place. Quantity:1 UOM:EA Unit Price:$2,561.20 Total:$2,561.20 1.44 12-inch AWWA C900 DR18 water line, including all fittings, complete and in place. Quantity:89 UOM:LF Unit Price:$86.48 Total:$7,696.72 1.45 Adjustment of existing water valve box per plans, all work fully performed. Quantity:1 UOM:EA Unit Price:$450.04 Total:$450.04 1.46 Adjust Existing Sanitary Sewer Manhole Quantity:2 UOM:EA Unit Price:$1,720.86 Total:$3,441.72 1.47 5 manhole, including excavation, backfill, and all other incidentals, complete and in place. Quantity:1 UOM:EA Unit Price:$7,637.98 Total:$7,637.98 1.48 Remove and dispose of sanitary sewer air vent, all work fully performed. Quantity:1 UOM:EA Unit Price:$453.79 Total:$453.79 Page 11 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 248 - Item No. 11. 1.49 Construction of concrete encasement, complete and in place. Quantity:40 UOM:LF Unit Price:$105.45 Total:$4,218.00 1.50 All 12-inch ASTM D3034 SDR 35 sanitary sewer, complete and in place. Quantity:68 UOM:LF Unit Price:$62.09 Total:$4,222.12 1.51 Stabilized Construction Entrance Quantity:2500 UOM:SF Unit Price:$0.93 Total:$2,325.00 1.52 Install 7-gallon Elaeagnus shrubs as shown in plans, all work fully performed. Quantity:50 UOM:EA Unit Price:$87.00 Total:$4,350.00 1.53 Relocation and repair of irrigation system, including temporary service during construction, all work fully performed. Quantity:1 UOM:LS Unit Price:$20,300.00 Total:$20,300.00 1.54 Hydro-mulch seeding, including all maintenance necessary to establish turf, all work fully performed. Quantity:1.6 UOM:AC Unit Price:$13,920.00 Total:$22,272.00 1.55 Solid Sod installed to 2 behind back of curb, complete and in place. Quantity:900 UOM:SY Unit Price:$13.92 Total:$12,528.00 1.56 Remove and dispose of barbwire fence, all work fully performed. Quantity:1837 UOM:LF Unit Price:$1.16 Total:$2,130.92 1.57 Install 5-strand barbwire fence, all work fully performed. Quantity:1787 UOM:LF Unit Price:$10.73 Total:$19,174.51 1.58 Remove and dispose of chainlink fence, all work fully performed. Quantity:438 UOM:LF Unit Price:$3.48 Total:$1,524.24 1.59 Install chainlink fence, all work fully performed. Quantity:438 UOM:LF Unit Price:$34.63 Total:$15,167.94 1.60 Remove and dispose of curb and gutter, all work fully performed. Quantity:84 UOM:LF Unit Price:$2.85 Total:$239.40 1.61 Excavate, remove, and dispose of existing 24-inch RCP culvert at Frontier Parkway, all work fully performed. Quantity:30 UOM:LF Unit Price:$12.87 Total:$386.10 1.62 Excavate, Remove, and dispose of existing 48-inch RCP storm drain and 4x4 wye inlet, all work fully performed. Quantity:78 UOM:LF Unit Price:$28.01 Total:$2,184.78 1.63 Implementation and maintenance of a SWPPP Quantity:1 UOM:LS Unit Price:$9,261.44 Total:$9,261.44 1.64 Geotechnical Services Quantity:1 UOM:LS Unit Price:$14,864.24 Total:$14,864.24 1.65 Relocate Cedar Elms (6 in - 8 in) Along High School Quantity:40 UOM:EA Unit Price:$1,102.00 Total:$44,080.00 1.66 H10 Vaults Quantity:4 UOM:EA Unit Price:$4,466.00 Total:$17,864.00 Page 12 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 249 - Item No. 11. 1.67 6-inch Innerduct Conduit Quantity:240 UOM:LF Unit Price:$116.00 Total:$27,840.00 2 Package Header Alternate Items Quantity:1 UOM:EA Total:$388,752.25 Package Items 2.1 9 ft x 8 ft RCB cast-in-place, complete in place Quantity:725 UOM:LF Unit Price:$536.21 Total:$388,752.25 3 Package Header Time Bid Quantity:1 UOM:EA Total:$130,000.00 Package Attributes 1.Time Bid: Total Calendar Days to achieve final completion of all construction as outlined in this bid. 130 Package Items 3.1 Value of Time Bid: Total number of Calendar Days multiplied by the corresponding Value of a Calendar Day (reference Section SC.04 of the Contract Documents and Specifications for table). Enter as a lump sum total. Quantity:1 UOM:LS Unit Price:$130,000.00 Total:$130,000.00 4 Line deleted as part of an Addendum Response Total: $2,736,094.05 Page 13 of 13 pages Vendor: McMahon Contracting LP 2020-41-B Addendum 3 - Page 250 - Item No. 11. - Page 251 - Item No. 11. - Page 252 - Item No. 11. - Page 253 - Item No. 11. - Page 254 - Item No. 11. - Page 255 - Item No. 11. Page 1 of 3 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon awarding Section 1 of Bid No. 2020-40-B to Reliable Paving, Inc., related to construction services for the Coit Road and US 380 SB Right Turn Lane project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On March 26, 2020, at 2:00 PM, nine (9) bids were received for the combined projects of Section 1, the Coit Road and US 380 SB Right Turn Lane project; Section 2, installation of Pavement Markings for Dual Left Turns at Coit and US 380; and Section 3, Prosper Trail and DNT Intersection Improvements project. The verified bid totals ranged between $114,450.46 and $278,611.00 for Section 1, $10,036.00 and $85,560.00 for Section 2, and between $2,061,537.80 and $4,134,722.05 for Section 3. The Engineer's Estimate was $150,477, $18,500, and $1,716,000 respectively. Despite being in different locations, the Sections were bid together in an effort to capitalize on an economy-of-scale to potentially save money. The project was advertised using the A+B Bidding alternative procurement method to allow the Town to award the project to the contractor that offers the best value, taking into consideration the number of days bid. The number of days bid is multiplied by the value of a calendar day as listed below, and added to each bidder’s base bid: Amount of Contract ($) Value of a Calendar Day($) $1,500,000 to $1,999,999.99 $500 per day $2,000,000 to $2,999,999.99 $1,000 per day $3,000,000 to $3,999,999.99 $1,500 per day $4,000,000.00 or more $2,000 per day Section 1 (Coit Road and US 380 SB Right Turn Lane) is considered a critical project. The contract specifies a substantial completion date of August 1, 2020, which is based on completing the project prior to the opening of Rockhill High School south of US 380 on Coit Road. It is anticipated that once school starts this Fall, that there will be an increase in the amount of peak traffic traveling southbound through the intersection of Coit Road and US 380. Reliable Paving, Inc., was the Prosper is a place where everyone matters. ENGINEERING SERVICES - Page 256 - Item No. 12. Page 2 of 3 apparent low bidder for Section 1 with a bid of $114,450.46, which is 23.94 % less than the Engineer’s Estimate. While the apparent low bidder is significantly less than the Engineer’s Estimate, the current budget is $35,000. At the time of adopting the budget for this project, the specifics of the scope of work necessary to construct the right turn lane were unknown so the budget was based on cost estimates for right turn lanes being constructed with development projects. Those typically have limited obstructions and an economy of scale savings that should have been taken into consideration when setting the current budget. Once a design consultant was under contract, the specifics of the scope of the project were able to be determined based on actual survey work of the affected property. Those specifics included additional pavement costs to comply with the Texas Department of Transportation (TxDOT) specifications within the ROW of US 380, reconstruction of a drainage inlet at the intersection, installation of a retaining wall to address existing grades, and significant traffic control necessary to protect the work zone at this busy intersection. Staff anticipates issuing a notice to proceed on this contract effective middle of May 2020, to allow for adequate time for completion based on the 60 calendar days bid for the project. While bids for Section 2 (Pavement Markings for Dual Left Turns) are within range of the Engineer’s Estimate, the City of Frisco has determined that they will construct the additional lane markings at a future date, with their own resources, in conjunction with planned traffic signal upgrades at that location. Staff is appreciative of the City of Frisco taking this work out of the project scope and recommends not awarding Section 2. The bids received for Section 3 (Prosper Trail and DNT Intersection Improvements) were substantially over budget and since this project is not time sensitive, staff recommends not awarding Section 3. Staff will coordinate with the design consultant to evaluate the construction plans for possible cost savings and re-bid once things settle down. The unknown current economic situation could have been a factor in the bids being higher than expected. The bids were tabulated in accordance with the evaluation criteria to determine the contractor that offered the best value for Section 1. Reliable Paving, Inc., was the firm ranked the highest for the project after consideration of Costs and Time, with a cost of $114,450.46, and time of 60 days for final completion. This will be the first construction project for Reliable Paving, Inc., in the Town of Prosper. Staff checked the references provided and received nothing but extremely positive feedback. Budget Impact: The cost for the construction of Section 1 (Coit Road and US 380 SB Right Turn Lane) is $114,450.46. The FY 2019-2020 Capital Improvement Program includes $35,000 for the construction of the Coit Road and US 380 SB Right Turn Lane project. An application of $90,000 from cost savings from completed projects has been allocated to this project to increase the construction budget to $125,000. The funding source is Account No. 750-6610-10-00-1932-ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Attached Documents: 1. Location Map 2. Bid Tabulation Summary (Award) 3. Bid Tabulation Summary (Original) 4. Construction Agreement - Page 257 - Item No. 12. Page 3 of 3 Town Staff Recommendation: Town staff recommends that the Town Council award Section 1 of Bid No. 2020-40-B to Reliable Paving, Inc., related to construction services for the Coit Road and US 380 SB Right Turn Lane project; and authorize the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Section 1 of Bid No. 2020-40-B to Reliable Paving, Inc., related to construction services for the Coit Road and US 380 SB Right Turn Lane project; and authorize the Town Manager to execute a construction agreement for same. - Page 258 - Item No. 12. LOCATION MAP Coit / US 380 SB Right Turn Lane US 380 Richland Blvd Coit RdRight Turn Lane - Page 259 - Item No. 12. Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended 1.1 Unclassified Roadway Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals 80 CY 58.67$ 4,693.60$ $35.00 2,800.00$ 30.38$ 2,430.40$ 100.00$ 8,000.00$ 40.00$ 3,200.00$ 65.00$ 5,200.00$ 23.50$ 1,880.00$ 100.00$ 8,000.00$ 56.37$ 4,509.60$ 1.2 Saw, Remove, Dispose of Existing Concrete or Asphalt Paving, including all incidentals 158 SY 24.32$ 3,842.56$ $35.00 5,530.00$ 19.46$ 3,074.68$ 50.00$ 7,900.00$ 25.00$ 3,950.00$ 30.00$ 4,740.00$ 15.50$ 2,449.00$ 50.00$ 7,900.00$ 34.99$ 5,528.42$ 1.3 Furnish and Install 8-inch Flexible Base Subgrade, including all incidentals 465 SY 24.37$ 11,332.05$ $19.00 8,835.00$ 18.63$ 8,662.95$ 30.00$ 13,950.00$ 35.00$ 16,275.00$ 24.00$ 11,160.00$ 21.00$ 9,765.00$ 50.00$ 23,250.00$ 27.87$ 12,959.55$ 1.4 Construct 2-inch Ty D HMAC Surface Street Paving 81 SY 20.17$ 1,633.77$ $19.00 1,539.00$ 45.24$ 3,664.44$ 40.00$ 3,240.00$ 58.00$ 4,698.00$ 46.00$ 3,726.00$ 45.00$ 3,645.00$ 120.00$ 9,720.00$ 90.35$ 7,318.35$ 1.5 Construct 8-inch Ty B HMAC Base Paving 81 SY 49.95$ 4,045.95$ $55.00 4,455.00$ 126.44$ 10,241.64$ 110.00$ 8,910.00$ 175.00$ 14,175.00$ 140.00$ 11,340.00$ 126.00$ 10,206.00$ 250.00$ 20,250.00$ 171.57$ 13,897.17$ 1.6 Construct 9-inch Thick, 4500psi Reinforced Concrete Street Paving with Monolithic Curb and all incidentals 326 SY 54.83$ 17,874.58$ $99.00 32,274.00$ 121.06$ 39,465.56$ 120.00$ 39,120.00$ 90.00$ 29,340.00$ 137.00$ 44,662.00$ 75.35$ 24,564.10$ 150.00$ 48,900.00$ 132.27$ 43,120.02$ 1.7 Construct TxDOT Type II, 18-inch Concrete Curb and Gutter 76 LF 45.93$ 3,490.68$ $69.00 5,244.00$ 62.13$ 4,721.88$ 30.00$ 2,280.00$ 35.00$ 2,660.00$ 60.00$ 4,560.00$ 35.00$ 2,660.00$ 100.00$ 7,600.00$ 39.13$ 2,973.88$ 1.8 Construct 4-inch Thick, 3600psi Reinforced Concrete Sidewalk Paving with Integral Curb 46 SY 85.49$ 3,932.54$ $190.00 8,740.00$ 145.00$ 6,670.00$ 90.00$ 4,140.00$ 70.00$ 3,220.00$ 94.00$ 4,324.00$ 88.00$ 4,048.00$ 100.00$ 4,600.00$ 72.44$ 3,332.24$ 1.9 Construct 3600psi Reinforced Concrete Sidewalk with Integral Varying Height Retaining Wall 18 SY 221.15$ 3,980.70$ $490.00 8,820.00$ 104.40$ 1,879.20$ 750.00$ 13,500.00$ 175.00$ 3,150.00$ 450.00$ 8,100.00$ 440.00$ 7,920.00$ 500.00$ 9,000.00$ 381.70$ 6,870.60$ 1.10 Construct Barrier Free Ramp, including Detectable Warning Surface and all incidentals 2 EA 2,496.79$ 4,993.58$ $2,300.00 4,600.00$ 2,436.00$ 4,872.00$ 3,000.00$ 6,000.00$ 1,500.00$ 3,000.00$ 1,800.00$ 3,600.00$ 2,750.00$ 5,500.00$ 3,000.00$ 6,000.00$ 1,446.99$ 2,893.98$ 1.11 Adjust Existing Fire Hydrant to finish grade, including all incidentals 1 EA 1,740.00$ 1,740.00$ $1,900.00 1,900.00$ 2,173.87$ 2,173.87$ 2,500.00$ 2,500.00$ 1,100.00$ 1,100.00$ 1,600.00$ 1,600.00$ 935.00$ 935.00$ 4,500.00$ 4,500.00$ 2,000.00$ 2,000.00$ 1.12 Adjust Existing Water Valve Stack and Cover to finish grade, including all incidentals 1 EA 420.00$ 420.00$ $900.00 900.00$ 453.79$ 453.79$ 550.00$ 550.00$ 1,500.00$ 1,500.00$ 385.00$ 385.00$ 605.00$ 605.00$ 850.00$ 850.00$ 400.00$ 400.00$ 1.13 Excavate, Remove, Dispose of Existing Reinforced Concrete Storm Sewer, including all incidentals 53 LF 21.60$ 1,144.80$ $9.00 477.00$ 12.82$ 679.46$ 50.00$ 2,650.00$ 45.00$ 2,385.00$ 20.00$ 1,060.00$ 14.00$ 742.00$ 50.00$ 2,650.00$ 24.00$ 1,272.00$ 1.14 Furnish and Install 12-inch Class III RCP Storm Sewer Pipe, including all incidentals 53 LF 141.60$ 7,504.80$ $95.00 5,035.00$ 71.32$ 3,779.96$ 150.00$ 7,950.00$ 200.00$ 10,600.00$ 130.00$ 6,890.00$ 90.20$ 4,780.60$ 122.00$ 6,466.00$ 145.55$ 7,714.15$ 1.15 Construct 5-foot Concrete Combination Curb and Grate Inlet (TxDOT CGI (TY I)-08), including excavation, reinforcement, backfilling, and all incidentals 1 EA 5,820.00$ 5,820.00$ $5,900.00 5,900.00$ 5,336.00$ 5,336.00$ 5,500.00$ 5,500.00$ 5,000.00$ 5,000.00$ 5,400.00$ 5,400.00$ 5,830.00$ 5,830.00$ 8,500.00$ 8,500.00$ 6,285.71$ 6,285.71$ 1.16 Furnish and Install 4-inch Depth of Topsoil, including all incidentals 35 CY 11.43$ 400.05$ $49.00 1,715.00$ 53.17$ 1,860.95$ 50.00$ 1,750.00$ 65.00$ 2,275.00$ 65.00$ 2,275.00$ 66.00$ 2,310.00$ 120.00$ 4,200.00$ 111.11$ 3,888.85$ 1.17 Furnish and Install Bermuda Block Sod, including watering and all incidentals until established 315 SY 14.88$ 4,687.20$ $19.00 5,985.00$ 11.25$ 3,543.75$ 10.00$ 3,150.00$ 8.00$ 2,520.00$ 10.00$ 3,150.00$ 16.50$ 5,197.50$ 10.00$ 3,150.00$ 10.78$ 3,395.70$ 1.18 Furnish, Install, Maintain, and Remove all Erosion Control Devices, including all incidentals 1 LS 2,100.00$ 2,100.00$ $500.00 500.00$ 870.00$ 870.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 500.00$ 500.00$ 3,700.00$ 3,700.00$ 35,000.00$ 35,000.00$ 180.41$ 180.41$ 1.19 Remove Existing Pavement Markings and Markers, including Symbols, Words and all incidentals 1 LS 1,200.00$ 1,200.00$ $1,900.00 1,900.00$ 1,160.00$ 1,160.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 440.00$ 440.00$ 1,100.00$ 1,100.00$ 20,000.00$ 20,000.00$ 1,111.11$ 1,111.11$ 1.20 Furnish and Install Reflective Marker (Cl B, Ty II-C-R), including surface preparation, cleaning, sealing, and all incidentals 15 EA 4.80$ 72.00$ $5.00 75.00$ 4.64$ 69.60$ 3.75$ 56.25$ 6.00$ 90.00$ 4.40$ 66.00$ 4.40$ 66.00$ 15.00$ 225.00$ 4.44$ 66.60$ 1.21 Furnish and Install Reflective Pavement Marking (4-inch)(White)(Broken)(Type I), including surface preparation, cleaning, sealing, and all incidentals 200 LF 1.26$ 252.00$ $0.70 140.00$ 1.22$ 244.00$ 0.75$ 150.00$ 2.00$ 400.00$ 1.15$ 230.00$ 1.20$ 240.00$ 5.00$ 1,000.00$ 1.17$ 234.00$ 1.22 Furnish and Install Reflective Pavement Marking (8-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals 175 LF 2.40$ 420.00$ $1.60 280.00$ 2.32$ 406.00$ 1.50$ 262.50$ 2.00$ 350.00$ 2.30$ 402.50$ 2.20$ 385.00$ 10.00$ 1,750.00$ 2.22$ 388.50$ 1.23 Furnish and Install Reflective Pavement Marking (12-inch)(White)(Solid)(Type I)(Crosswalk), including surface preparation, cleaning, sealing, and all incidentals 94 LF 4.80$ 451.20$ $4.50 423.00$ 4.64$ 436.16$ 4.00$ 376.00$ 66.00$ 6,204.00$ 3.50$ 329.00$ 4.40$ 413.60$ 15.00$ 1,410.00$ 4.44$ 417.36$ 1.24 Furnish and Install Reflective Pavement Marking (24-inch)(White)(Solid)(Type I)(Stop Bar), including surface preparation, cleaning, sealing, and all incidentals 47 LF 7.20$ 338.40$ $8.50 399.50$ 6.96$ 327.12$ 8.00$ 376.00$ 11.00$ 517.00$ 7.00$ 329.00$ 6.60$ 310.20$ 20.00$ 940.00$ 6.67$ 313.49$ 1.25 Furnish and Install Reflective Pavement Marker (Arrow)(Type I), including surface preparation, cleaning, sealing, and all incidentals 1 EA 156.00$ 156.00$ $200.00 200.00$ 150.80$ 150.80$ 185.00$ 185.00$ 250.00$ 250.00$ 150.00$ 150.00$ 143.00$ 143.00$ 350.00$ 350.00$ 144.44$ 144.44$ 1.26 Remove Existing, Furnish and Install New Small Traffic Sign, including all incidentals 2 EA 558.00$ 1,116.00$ $250.00 500.00$ 539.40$ 1,078.80$ 700.00$ 1,400.00$ 1,500.00$ 3,000.00$ 825.00$ 1,650.00$ 511.50$ 1,023.00$ 1,000.00$ 2,000.00$ 516.67$ 1,033.34$ 1.27 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards, and any incidentals 1 MO 11,250.00$ 11,250.00$ $29,000.00 29,000.00$ 33,323.99$ 33,323.99$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 27,000.00$ 27,000.00$ 14,100.00$ 14,100.00$ 25,000.00$ 25,000.00$ 6,200.00$ 6,200.00$ 1.28 Mobilization and Move-in, not to exceed 5-percent 1 LS 15,000.00$ 15,000.00$ $7,000.00 7,000.00$ 5,220.00$ 5,220.00$ 10,000.00$ 10,000.00$ 6,600.00$ 6,600.00$ 7,000.00$ 7,000.00$ 1,000.00$ 1,000.00$ 13,900.00$ 13,900.00$ 7,500.00$ 7,500.00$ 1.29 Furnish and Install Capital Improvement Sign 1 EA 558.00$ 558.00$ $500.00 500.00$ 495.40$ 495.40$ 600.00$ 600.00$ 1,500.00$ 1,500.00$ 1,000.00$ 1,000.00$ 550.00$ 550.00$ 1,500.00$ 1,500.00$ 550.00$ 550.00$ TOTAL SECTION 1 114,450.46$ 145,666.50$ 147,292.40$ 157,495.75$ 140,959.00$ 161,268.50$ 116,068.00$ 278,611.00$ 146,499.47$ 4.1 Value of Time Bid 1 LS TOTAL A+B *No response by deadline *No response by deadline 178,768.50$ Rebcon, Inc.Tiseo Paving Co.FNH CONSTRUCTION LLC Pavecon Public Works, LP Section 1: Coit and US-380 Right Turn Lane TIME BID Bid No. 2020-40-B Coit Road and US-380 SB Right Turn Lane and Prosper Trail and DNT Intersection Improvements Line Item Bid Tabulation Reliable Paving, Inc Accelerated Critical Path, Inc.McMahon Contracting LP Mario Sinacola & Sons Excavating, Inc. RBR Infrastructure & Road, LLC 129,450.46$ 163,166.50$ 162,292.40$ 167,495.75$ 140,959.00$ McMahon Contracting LP Mario Sinacola & Sons Excavating, Inc. RBR Infrastructure & Road, LLC Rebcon, Inc.Tiseo Paving Co. $0.00 $15,000.00 FNH CONSTRUCTION LLC Pavecon Public Works, LP 15,000.00$ $17,500.00 $15,000.00 $10,000.00 $0.00 $17,500.00 $22,500.00 138,568.00$ 278,611.00$ 161,499.47$ Reliable Paving, Inc Accelerated Critical Path, Inc. - Page 260 - Item No. 12. Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended 1.1 Unclassified Roadway Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals 80 CY 58.67$ 4,693.60$ $35.00 2,800.00$ 30.38$ 2,430.40$ 100.00$ 8,000.00$ 40.00$ 3,200.00$ 65.00$ 5,200.00$ 23.50$ 1,880.00$ 100.00$ 8,000.00$ 56.37$ 4,509.60$ 1.2 Saw, Remove, Dispose of Existing Concrete or Asphalt Paving, including all incidentals 158 SY 24.32$ 3,842.56$ $35.00 5,530.00$ 19.46$ 3,074.68$ 50.00$ 7,900.00$ 25.00$ 3,950.00$ 30.00$ 4,740.00$ 15.50$ 2,449.00$ 50.00$ 7,900.00$ 34.99$ 5,528.42$ 1.3 Furnish and Install 8-inch Flexible Base Subgrade, including all incidentals 465 SY 24.37$ 11,332.05$ $19.00 8,835.00$ 18.63$ 8,662.95$ 30.00$ 13,950.00$ 35.00$ 16,275.00$ 24.00$ 11,160.00$ 21.00$ 9,765.00$ 50.00$ 23,250.00$ 27.87$ 12,959.55$ 1.4 Construct 2-inch Ty D HMAC Surface Street Paving 81 SY 20.17$ 1,633.77$ $19.00 1,539.00$ 45.24$ 3,664.44$ 40.00$ 3,240.00$ 58.00$ 4,698.00$ 46.00$ 3,726.00$ 45.00$ 3,645.00$ 120.00$ 9,720.00$ 90.35$ 7,318.35$ 1.5 Construct 8-inch Ty B HMAC Base Paving 81 SY 49.95$ 4,045.95$ $55.00 4,455.00$ 126.44$ 10,241.64$ 110.00$ 8,910.00$ 175.00$ 14,175.00$ 140.00$ 11,340.00$ 126.00$ 10,206.00$ 250.00$ 20,250.00$ 171.57$ 13,897.17$ 1.6 Construct 9-inch Thick, 4500psi Reinforced Concrete Street Paving with Monolithic Curb and all incidentals 326 SY 54.83$ 17,874.58$ $99.00 32,274.00$ 121.06$ 39,465.56$ 120.00$ 39,120.00$ 90.00$ 29,340.00$ 137.00$ 44,662.00$ 75.35$ 24,564.10$ 150.00$ 48,900.00$ 132.27$ 43,120.02$ 1.7 Construct TxDOT Type II, 18-inch Concrete Curb and Gutter 76 LF 45.93$ 3,490.68$ $69.00 5,244.00$ 62.13$ 4,721.88$ 30.00$ 2,280.00$ 35.00$ 2,660.00$ 60.00$ 4,560.00$ 35.00$ 2,660.00$ 100.00$ 7,600.00$ 39.13$ 2,973.88$ 1.8 Construct 4-inch Thick, 3600psi Reinforced Concrete Sidewalk Paving with Integral Curb 46 SY 85.49$ 3,932.54$ $190.00 8,740.00$ 145.00$ 6,670.00$ 90.00$ 4,140.00$ 70.00$ 3,220.00$ 94.00$ 4,324.00$ 88.00$ 4,048.00$ 100.00$ 4,600.00$ 72.44$ 3,332.24$ 1.9 Construct 3600psi Reinforced Concrete Sidewalk with Integral Varying Height Retaining Wall 18 SY 221.15$ 3,980.70$ $490.00 8,820.00$ 104.40$ 1,879.20$ 750.00$ 13,500.00$ 175.00$ 3,150.00$ 450.00$ 8,100.00$ 440.00$ 7,920.00$ 500.00$ 9,000.00$ 381.70$ 6,870.60$ 1.10 Construct Barrier Free Ramp, including Detectable Warning Surface and all incidentals 2 EA 2,496.79$ 4,993.58$ $2,300.00 4,600.00$ 2,436.00$ 4,872.00$ 3,000.00$ 6,000.00$ 1,500.00$ 3,000.00$ 1,800.00$ 3,600.00$ 2,750.00$ 5,500.00$ 3,000.00$ 6,000.00$ 1,446.99$ 2,893.98$ 1.11 Adjust Existing Fire Hydrant to finish grade, including all incidentals 1 EA 1,740.00$ 1,740.00$ $1,900.00 1,900.00$ 2,173.87$ 2,173.87$ 2,500.00$ 2,500.00$ 1,100.00$ 1,100.00$ 1,600.00$ 1,600.00$ 935.00$ 935.00$ 4,500.00$ 4,500.00$ 2,000.00$ 2,000.00$ 1.12 Adjust Existing Water Valve Stack and Cover to finish grade, including all incidentals 1 EA 420.00$ 420.00$ $900.00 900.00$ 453.79$ 453.79$ 550.00$ 550.00$ 1,500.00$ 1,500.00$ 385.00$ 385.00$ 605.00$ 605.00$ 850.00$ 850.00$ 400.00$ 400.00$ 1.13 Excavate, Remove, Dispose of Existing Reinforced Concrete Storm Sewer, including all incidentals 53 LF 21.60$ 1,144.80$ $9.00 477.00$ 12.82$ 679.46$ 50.00$ 2,650.00$ 45.00$ 2,385.00$ 20.00$ 1,060.00$ 14.00$ 742.00$ 50.00$ 2,650.00$ 24.00$ 1,272.00$ 1.14 Furnish and Install 12-inch Class III RCP Storm Sewer Pipe, including all incidentals 53 LF 141.60$ 7,504.80$ $95.00 5,035.00$ 71.32$ 3,779.96$ 150.00$ 7,950.00$ 200.00$ 10,600.00$ 130.00$ 6,890.00$ 90.20$ 4,780.60$ 122.00$ 6,466.00$ 145.55$ 7,714.15$ 1.15 Construct 5-foot Concrete Combination Curb and Grate Inlet (TxDOT CGI (TY I)-08), including excavation, reinforcement, backfilling, and all incidentals 1 EA 5,820.00$ 5,820.00$ $5,900.00 5,900.00$ 5,336.00$ 5,336.00$ 5,500.00$ 5,500.00$ 5,000.00$ 5,000.00$ 5,400.00$ 5,400.00$ 5,830.00$ 5,830.00$ 8,500.00$ 8,500.00$ 6,285.71$ 6,285.71$ 1.16 Furnish and Install 4-inch Depth of Topsoil, including all incidentals 35 CY 11.43$ 400.05$ $49.00 1,715.00$ 53.17$ 1,860.95$ 50.00$ 1,750.00$ 65.00$ 2,275.00$ 65.00$ 2,275.00$ 66.00$ 2,310.00$ 120.00$ 4,200.00$ 111.11$ 3,888.85$ 1.17 Furnish and Install Bermuda Block Sod, including watering and all incidentals until established 315 SY 14.88$ 4,687.20$ $19.00 5,985.00$ 11.25$ 3,543.75$ 10.00$ 3,150.00$ 8.00$ 2,520.00$ 10.00$ 3,150.00$ 16.50$ 5,197.50$ 10.00$ 3,150.00$ 10.78$ 3,395.70$ 1.18 Furnish, Install, Maintain, and Remove all Erosion Control Devices, including all incidentals 1 LS 2,100.00$ 2,100.00$ $500.00 500.00$ 870.00$ 870.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 500.00$ 500.00$ 3,700.00$ 3,700.00$ 35,000.00$ 35,000.00$ 180.41$ 180.41$ 1.19 Remove Existing Pavement Markings and Markers, including Symbols, Words and all incidentals 1 LS 1,200.00$ 1,200.00$ $1,900.00 1,900.00$ 1,160.00$ 1,160.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 440.00$ 440.00$ 1,100.00$ 1,100.00$ 20,000.00$ 20,000.00$ 1,111.11$ 1,111.11$ 1.20 Furnish and Install Reflective Marker (Cl B, Ty II-C-R), including surface preparation, cleaning, sealing, and all incidentals 15 EA 4.80$ 72.00$ $5.00 75.00$ 4.64$ 69.60$ 3.75$ 56.25$ 6.00$ 90.00$ 4.40$ 66.00$ 4.40$ 66.00$ 15.00$ 225.00$ 4.44$ 66.60$ 1.21 Furnish and Install Reflective Pavement Marking (4-inch)(White)(Broken)(Type I), including surface preparation, cleaning, sealing, and all incidentals 200 LF 1.26$ 252.00$ $0.70 140.00$ 1.22$ 244.00$ 0.75$ 150.00$ 2.00$ 400.00$ 1.15$ 230.00$ 1.20$ 240.00$ 5.00$ 1,000.00$ 1.17$ 234.00$ 1.22 Furnish and Install Reflective Pavement Marking (8-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals 175 LF 2.40$ 420.00$ $1.60 280.00$ 2.32$ 406.00$ 1.50$ 262.50$ 2.00$ 350.00$ 2.30$ 402.50$ 2.20$ 385.00$ 10.00$ 1,750.00$ 2.22$ 388.50$ 1.23 Furnish and Install Reflective Pavement Marking (12-inch)(White)(Solid)(Type I)(Crosswalk), including surface preparation, cleaning, sealing, and all incidentals 94 LF 4.80$ 451.20$ $4.50 423.00$ 4.64$ 436.16$ 4.00$ 376.00$ 66.00$ 6,204.00$ 3.50$ 329.00$ 4.40$ 413.60$ 15.00$ 1,410.00$ 4.44$ 417.36$ 1.24 Furnish and Install Reflective Pavement Marking (24-inch)(White)(Solid)(Type I)(Stop Bar), including surface preparation, cleaning, sealing, and all incidentals 47 LF 7.20$ 338.40$ $8.50 399.50$ 6.96$ 327.12$ 8.00$ 376.00$ 11.00$ 517.00$ 7.00$ 329.00$ 6.60$ 310.20$ 20.00$ 940.00$ 6.67$ 313.49$ 1.25 Furnish and Install Reflective Pavement Marker (Arrow)(Type I), including surface preparation, cleaning, sealing, and all incidentals 1 EA 156.00$ 156.00$ $200.00 200.00$ 150.80$ 150.80$ 185.00$ 185.00$ 250.00$ 250.00$ 150.00$ 150.00$ 143.00$ 143.00$ 350.00$ 350.00$ 144.44$ 144.44$ 1.26 Remove Existing, Furnish and Install New Small Traffic Sign, including all incidentals 2 EA 558.00$ 1,116.00$ $250.00 500.00$ 539.40$ 1,078.80$ 700.00$ 1,400.00$ 1,500.00$ 3,000.00$ 825.00$ 1,650.00$ 511.50$ 1,023.00$ 1,000.00$ 2,000.00$ 516.67$ 1,033.34$ 1.27 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards, and any incidentals 1 MO 11,250.00$ 11,250.00$ $29,000.00 29,000.00$ 33,323.99$ 33,323.99$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 27,000.00$ 27,000.00$ 14,100.00$ 14,100.00$ 25,000.00$ 25,000.00$ 6,200.00$ 6,200.00$ 1.28 Mobilization and Move-in, not to exceed 5-percent 1 LS 15,000.00$ 15,000.00$ $7,000.00 7,000.00$ 5,220.00$ 5,220.00$ 10,000.00$ 10,000.00$ 6,600.00$ 6,600.00$ 7,000.00$ 7,000.00$ 1,000.00$ 1,000.00$ 13,900.00$ 13,900.00$ 7,500.00$ 7,500.00$ 1.29 Furnish and Install Capital Improvement Sign 1 EA 558.00$ 558.00$ $500.00 500.00$ 495.40$ 495.40$ 600.00$ 600.00$ 1,500.00$ 1,500.00$ 1,000.00$ 1,000.00$ 550.00$ 550.00$ 1,500.00$ 1,500.00$ 550.00$ 550.00$ TOTAL SECTION 1 114,450.46$ 145,666.50$ 147,292.40$ 157,495.75$ 140,959.00$ 161,268.50$ 116,068.00$ 278,611.00$ 146,499.47$ 2.1 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Remove Existing Pavement Markings and Markers, including Symbols, Words and all incidentals 1 LS 6,546.30$ 6,546.30$ 2,900.00$ 2,900.00$ 6,328.10$ 6,328.10$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 4,500.00$ 4,500.00$ 7,000.00$ 7,000.00$ 35,000.00$ 35,000.00$ 6,061.39$ 6,061.39$ 2.2 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Furnish and Install Reflective Marker (Cl B, Ty II-C-R), including surface preparation, cleaning, sealing, and all incidentals 210 EA 4.80$ 1,008.00$ 4.00$ 840.00$ 4.64$ 974.40$ 3.75$ 787.50$ 5.00$ 1,050.00$ 4.40$ 924.00$ 4.40$ 924.00$ 15.00$ 3,150.00$ 4.44$ 932.40$ 2.3 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Furnish and Install Reflective Pavement Marking (4-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals 520 LF 1.26$ 655.20$ 0.70$ 364.00$ 1.22$ 634.40$ 0.75$ 390.00$ 1.50$ 780.00$ 1.16$ 603.20$ 1.20$ 624.00$ 4.00$ 2,080.00$ 1.17$ 608.40$ 2.4 Alternate Item - Furnish and Install Reflective Pavement Marking (4-inch)(White)(DOT)(Type I), including surface preparation, cleaning, sealing, and all incidentals 555 LF 3.60$ 1,998.00$ 0.80$ 444.00$ 3.48$ 1,931.40$ 0.75$ 416.25$ 1.00$ 555.00$ 1.16$ 643.80$ 3.30$ 1,831.50$ 4.00$ 2,220.00$ 3.33$ 1,848.15$ 2.5 Alternate Item - Furnish and Install Reflective Pavement Marking (8-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals 1855 LF 2.40$ 4,452.00$ 1.60$ 2,968.00$ 2.32$ 4,303.60$ 1.50$ 2,782.50$ 2.00$ 3,710.00$ 2.31$ 4,285.05$ 2.20$ 4,081.00$ 10.00$ 18,550.00$ 2.22$ 4,118.10$ 2.6 Alternate Item - Furnish and Install Reflective Pavement Marking (12-inch)(White)(Solid)(Type I)(Crosswalk), including surface preparation, cleaning, sealing, and all incidentals 205 LF 4.80$ 984.00$ 4.00$ 820.00$ 4.64$ 951.20$ 4.00$ 820.00$ 5.00$ 1,025.00$ 3.47$ 711.35$ 4.40$ 902.00$ 12.00$ 2,460.00$ 4.44$ 910.20$ 2.7 Alternate Item - Furnish and Install Reflective Pavement Marker (Arrow)(Type I), including surface preparation, cleaning, sealing, and all incidentals 6 EA 156.00$ 936.00$ 200.00$ 1,200.00$ 150.80$ 904.80$ 185.00$ 1,110.00$ 250.00$ 1,500.00$ 150.00$ 900.00$ 143.00$ 858.00$ 350.00$ 2,100.00$ 144.44$ 866.64$ 2.8 Alternate Item - Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards, and any incidentals 1 MO 6,210.00$ 6,210.00$ 500.00$ 500.00$ 19,559.92$ 19,559.92$ 20,000.00$ 20,000.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 14,100.00$ 14,100.00$ 20,000.00$ 20,000.00$ 3,500.00$ 3,500.00$ TOTAL SECTION 2 22,789.50$ 10,036.00$ 35,587.82$ 29,306.25$ 17,620.00$ 22,567.40$ 30,320.50$ 85,560.00$ 18,845.28$ 3.1 Right-of-Way Preperation 14 STA 16,608.98$ 232,525.72$ 1,900.00$ 26,600.00$ 9,712.20$ 135,970.80$ 10,000.00$ 140,000.00$ 1,500.00$ 21,000.00$ 21,600.00$ 302,400.00$ 9,770.00$ 136,780.00$ 17,851.00$ 249,914.00$ 16,300.00$ 228,200.00$ 3.2 Saw, Remove, Dispose of Existing Concrete or Asphalt Paving 1647 SY 19.62$ 32,314.14$ 19.00$ 31,293.00$ 12.62$ 20,785.14$ 20.00$ 32,940.00$ 20.00$ 32,940.00$ 25.00$ 41,175.00$ 15.40$ 25,363.80$ 25.00$ 41,175.00$ 8.91$ 14,674.77$ 3.3 Unclassified Roadway Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals 1284 CY 15.94$ 20,466.96$ 9.00$ 11,556.00$ 21.43$ 27,516.12$ 20.00$ 25,680.00$ 40.00$ 51,360.00$ 35.00$ 44,940.00$ 28.80$ 36,979.20$ 40.00$ 51,360.00$ 32.91$ 42,256.44$ 3.4 Unclassified Channel Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals 3000 CY 28.18$ 84,540.00$ 15.00$ 45,000.00$ 23.52$ 70,560.00$ 35.00$ 105,000.00$ 40.00$ 120,000.00$ 50.00$ 150,000.00$ 31.45$ 94,350.00$ 50.00$ 150,000.00$ 32.44$ 97,320.00$ 3.5 Furnish, Place, and Compact Material as is Reflected in the Plans to Final Density 5622 CY 22.77$ 128,012.94$ 9.00$ 50,598.00$ 15.39$ 86,522.58$ 25.00$ 140,550.00$ 55.00$ 309,210.00$ 33.00$ 185,526.00$ 49.70$ 279,413.40$ 65.00$ 365,430.00$ 68.60$ 385,669.20$ 3.6 Furnish and Install 4-inch Depth of Topsoil 5458 SY 1.25$ 6,822.50$ 3.50$ 19,103.00$ 4.73$ 25,816.34$ 2.00$ 10,916.00$ 6.00$ 32,748.00$ 7.00$ 38,206.00$ 5.45$ 29,746.10$ 10.00$ 54,580.00$ 6.67$ 36,404.86$ 3.7 Furnish and Install Bermuda Seed, including fertilizer, for permanent vegetation 5458 SY 0.86$ 4,693.88$ 1.00$ 5,458.00$ 0.99$ 5,403.42$ 0.20$ 1,091.60$ 2.00$ 10,916.00$ 1.00$ 5,458.00$ 5.50$ 30,019.00$ 6.00$ 32,748.00$ 0.94$ 5,130.52$ 3.8 Provide and Distribute Water until Vegetation is Established 477 MG 46.80$ 22,323.60$ 29.00$ 13,833.00$ 63.80$ 30,432.60$ 25.00$ 11,925.00$ 25.00$ 11,925.00$ 60.00$ 28,620.00$ 22.00$ 10,494.00$ 50.00$ 23,850.00$ 61.11$ 29,149.47$ 3.9 Hydrated Lime for Subgrade 312 TN 198.90$ 62,056.80$ 190.00$ 59,280.00$ 187.92$ 58,631.04$ 200.00$ 62,400.00$ 202.00$ 63,024.00$ 180.00$ 56,160.00$ 195.00$ 60,840.00$ 200.00$ 62,400.00$ 184.58$ 57,588.96$ 3.10 Lime Treatment (EXST MATL)(8-inch)8332 SY 4.95$ 41,243.40$ 4.85$ 40,410.20$ 3.32$ 27,662.24$ 10.00$ 83,320.00$ 7.50$ 62,490.00$ 7.00$ 58,324.00$ 7.00$ 58,324.00$ 20.00$ 166,640.00$ 19.04$ 158,641.28$ 3.11 Construct Hot-Mix Asphalt Pavement (D-GR HMA TY-B PG64-22)259 TN 101.22$ 26,215.98$ 99.00$ 25,641.00$ 136.88$ 35,451.92$ 120.00$ 31,080.00$ 165.00$ 42,735.00$ 138.00$ 35,742.00$ 169.00$ 43,771.00$ 165.00$ 42,735.00$ 179.73$ 46,550.07$ 3.12 Construct TY II Concrete Curb 3272 LF 1.78$ 5,824.16$ 5.00$ 16,360.00$ 21.38$ 69,955.36$ 10.00$ 32,720.00$ 10.00$ 32,720.00$ 2.00$ 6,544.00$ 4.00$ 13,088.00$ 40.00$ 130,880.00$ 3.00$ 9,816.00$ 3.13 Construct 9-inch Reinforced Concrete Street Paving 6085 SY 73.24$ 445,665.40$ 89.00$ 541,565.00$ 54.15$ 329,502.75$ 90.00$ 547,650.00$ 85.00$ 517,225.00$ 98.00$ 596,330.00$ 75.35$ 458,504.75$ 62.00$ 377,270.00$ 74.41$ 452,784.85$ 3.14 Furnish and Install Trench Safety 674 LF 2.40$ 1,617.60$ 2.00$ 1,348.00$ 1.89$ 1,273.86$ 10.00$ 6,740.00$ 2.50$ 1,685.00$ 2.20$ 1,482.80$ 2.75$ 1,853.50$ 10.00$ 6,740.00$ 2.29$ 1,543.46$ 3.15 Furnish and Install Concrete Riprap (CL B)(RR8&RR9)16 CY 462.00$ 7,392.00$ 890.00$ 14,240.00$ 554.10$ 8,865.60$ 450.00$ 7,200.00$ 500.00$ 8,000.00$ 424.00$ 6,784.00$ 385.00$ 6,160.00$ 650.00$ 10,400.00$ 440.00$ 7,040.00$ 3.16 Furnish and Install Riprap (STONE PROTECTION)(15 IN)85 CY 78.00$ 6,630.00$ 160.00$ 13,600.00$ 150.80$ 12,818.00$ 120.00$ 10,200.00$ 250.00$ 21,250.00$ 71.00$ 6,035.00$ 275.00$ 23,375.00$ 185.00$ 15,725.00$ 74.29$ 6,314.65$ Bid No. Coit Road and US-380 SB Right Turn Lane and Prosper Trail and DNT Intersection Improvements Line Item Bid Tabulation Section 1: Coit and US-380 Right Turn Lane Reliable Paving, Inc Accelerated Critical Path, Inc.McMahon Contracting LP Mario Sinacola & Sons Excavating, Inc. RBR Infrastructure & Road, LLC Rebcon, Inc.Tiseo Paving Co.FNH CONSTRUCTION LLC Pavecon Public Works, LP Section 2: Alternate Pavement Markings for Dual Left Turns at Coit and US-380 - NB, WB, EB Section 3: Prosper Trail and DNT Intersection Improvements 2020-40-B - Page 1 - Page 261 - Item No. 12. 3.17 Furnish, Construct, and Install Concrete Box Culvert (7 FT X 4 FT)35 LF 534.00$ 18,690.00$ 690.00$ 24,150.00$ 537.75$ 18,821.25$ 625.00$ 21,875.00$ 875.00$ 30,625.00$ 490.00$ 17,150.00$ 686.50$ 24,027.50$ 1,500.00$ 52,500.00$ 587.76$ 20,571.60$ 3.18 Furnish, Construct, and Install Concrete Box Culvert (8 FT X 5 FT)953 LF 610.80$ 582,092.40$ 615.00$ 586,095.00$ 595.42$ 567,435.26$ 650.00$ 619,450.00$ 900.00$ 857,700.00$ 525.00$ 500,325.00$ 883.50$ 841,975.50$ 1,200.00$ 1,143,600.00$ 581.71$ 554,369.63$ 3.19 Furnish and Install 18-inch Class III RCP 101 LF 88.80$ 8,968.80$ 95.00$ 9,595.00$ 89.02$ 8,991.02$ 125.00$ 12,625.00$ 130.00$ 13,130.00$ 78.00$ 7,878.00$ 101.50$ 10,251.50$ 85.00$ 8,585.00$ 98.29$ 9,927.29$ 3.20 Furnish and Install 48-inch Class III RCP 39 LF 362.40$ 14,133.60$ 350.00$ 13,650.00$ 254.76$ 9,935.64$ 275.00$ 10,725.00$ 500.00$ 19,500.00$ 320.00$ 12,480.00$ 295.00$ 11,505.00$ 450.00$ 17,550.00$ 345.14$ 13,460.46$ 3.21 Furnish and Install 54-inch Class III RCP 22 LF 510.00$ 11,220.00$ 450.00$ 9,900.00$ 348.84$ 7,674.48$ 465.00$ 10,230.00$ 650.00$ 14,300.00$ 468.00$ 10,296.00$ 379.50$ 8,349.00$ 650.00$ 14,300.00$ 485.71$ 10,685.62$ 3.22 Construct Type PW-1 Concrete Wingwall (11-foot Height)1 EA 40,140.00$ 40,140.00$ 59,000.00$ 59,000.00$ 58,867.71$ 58,867.71$ 60,000.00$ 60,000.00$ 16,000.00$ 16,000.00$ 37,000.00$ 37,000.00$ 61,600.00$ 61,600.00$ 40,000.00$ 40,000.00$ 41,142.86$ 41,142.86$ 3.23 Construct Type PW-1 Concrete Wingwall (7-foot Height)1 EA 17,160.00$ 17,160.00$ 25,000.00$ 25,000.00$ 44,348.03$ 44,348.03$ 40,000.00$ 40,000.00$ 13,000.00$ 13,000.00$ 16,000.00$ 16,000.00$ 30,250.00$ 30,250.00$ 30,000.00$ 30,000.00$ 20,000.00$ 20,000.00$ 3.24 Furnish, Construct, and Install Safety End Treatment (TY II) (18 IN) (RCP) (4: 1) (C)1 EA 2,940.00$ 2,940.00$ 1,200.00$ 1,200.00$ 1,392.00$ 1,392.00$ 2,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 2,700.00$ 2,700.00$ 1,650.00$ 1,650.00$ 2,500.00$ 2,500.00$ 2,800.00$ 2,800.00$ 3.25 Furnish, Construct, and Install Safety End Treatment (TY II) (48 IN) (RCP) (4: 1) (C)1 EA 6,816.00$ 6,816.00$ 3,900.00$ 3,900.00$ 5,104.00$ 5,104.00$ 8,500.00$ 8,500.00$ 7,000.00$ 7,000.00$ 6,200.00$ 6,200.00$ 5,720.00$ 5,720.00$ 15,000.00$ 15,000.00$ 6,491.43$ 6,491.43$ 3.26 Construct 10-foot Recessed Curb Inlet 2 EA 5,982.00$ 11,964.00$ 5,900.00$ 11,800.00$ 4,872.00$ 9,744.00$ 4,500.00$ 9,000.00$ 3,600.00$ 7,200.00$ 5,500.00$ 11,000.00$ 5,500.00$ 11,000.00$ 6,500.00$ 13,000.00$ 6,285.71$ 12,571.42$ 3.27 Remove and Properly Dispose of All Extraneous Material from Existing Culvert 1100 CY 38.40$ 42,240.00$ 3.00$ 3,300.00$ 44.24$ 48,664.00$ 50.00$ 55,000.00$ 40.00$ 44,000.00$ 40.00$ 44,000.00$ 44.00$ 48,400.00$ 50.00$ 55,000.00$ 118.86$ 130,746.00$ 3.28 Remove and Dispose of Existing Inlet Structure 1 EA 1,980.00$ 1,980.00$ 800.00$ 800.00$ 753.64$ 753.64$ 1,750.00$ 1,750.00$ 1,400.00$ 1,400.00$ 1,815.00$ 1,815.00$ 2,200.00$ 2,200.00$ 3,500.00$ 3,500.00$ 1,885.71$ 1,885.71$ 3.29 Remove and Dispose of Existing Safety End Treatment 1 EA 540.00$ 540.00$ 400.00$ 400.00$ 753.64$ 753.64$ 2,500.00$ 2,500.00$ 1,000.00$ 1,000.00$ 500.00$ 500.00$ 2,200.00$ 2,200.00$ 3,500.00$ 3,500.00$ 514.29$ 514.29$ 3.30 Remove and Dispose of Existing Wingwall Structure 1 EA 2,940.00$ 2,940.00$ 2,900.00$ 2,900.00$ 8,994.43$ 8,994.43$ 4,500.00$ 4,500.00$ 3,500.00$ 3,500.00$ 2,700.00$ 2,700.00$ 4,400.00$ 4,400.00$ 5,000.00$ 5,000.00$ 2,800.00$ 2,800.00$ 3.31 Remove and Dispose of Existing Headwall Structure 2 EA 6,168.00$ 12,336.00$ 3,900.00$ 7,800.00$ 2,306.61$ 4,613.22$ 8,500.00$ 17,000.00$ 3,200.00$ 6,400.00$ 5,700.00$ 11,400.00$ 4,400.00$ 8,800.00$ 5,000.00$ 10,000.00$ 6,857.14$ 13,714.28$ 3.32 Remove and Dispose of Existing Pipe 44 LF 18.00$ 792.00$ 19.00$ 836.00$ 28.51$ 1,254.44$ 50.00$ 2,200.00$ 60.00$ 2,640.00$ 17.00$ 748.00$ 13.20$ 580.80$ 50.00$ 2,200.00$ 22.86$ 1,005.84$ 3.33 Mobilization and Move-in, not to exceed 5-percent 1 LS 57,024.00$ 57,024.00$ 100,000.00$ 100,000.00$ 94,992.40$ 94,992.40$ 120,000.00$ 120,000.00$ 134,000.00$ 134,000.00$ 100,000.00$ 100,000.00$ 41,315.00$ 41,315.00$ 206,245.05$ 206,245.05$ 22,857.14$ 22,857.14$ 3.34 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards 9 MO 4,060.00$ 36,540.00$ 4,600.00$ 41,400.00$ 7,554.02$ 67,986.18$ 2,000.00$ 18,000.00$ 5,000.00$ 45,000.00$ 15,000.00$ 135,000.00$ 14,100.00$ 126,900.00$ 8,500.00$ 76,500.00$ 4,150.00$ 37,350.00$ 3.35 Furnish, Install, and Maintain TY 1 Rock Filter Dam 66 LF 24.00$ 1,584.00$ 45.00$ 2,970.00$ 23.20$ 1,531.20$ 26.00$ 1,716.00$ 30.00$ 1,980.00$ 29.00$ 1,914.00$ 33.00$ 2,178.00$ 30.00$ 1,980.00$ 30.07$ 1,984.62$ 3.36 Furnish, Install, and Maintain TY 2 Rock Filter Dam 280 LF 26.40$ 7,392.00$ 49.00$ 13,720.00$ 25.52$ 7,145.60$ 30.00$ 8,400.00$ 30.00$ 8,400.00$ 32.00$ 8,960.00$ 38.50$ 10,780.00$ 30.00$ 8,400.00$ 33.08$ 9,262.40$ 3.37 Remove Rock Filter Dams 346 LF 20.40$ 7,058.40$ 10.00$ 3,460.00$ 19.72$ 6,823.12$ 5.00$ 1,730.00$ 18.00$ 6,228.00$ 13.00$ 4,498.00$ 11.00$ 3,806.00$ 15.00$ 5,190.00$ 24.06$ 8,324.76$ 3.38 Furnish, Install, and Maintain temporary Construction Exit (TY 1)666 SY 17.17$ 11,435.22$ 35.00$ 23,310.00$ 16.60$ 11,055.60$ 25.00$ 16,650.00$ 12.00$ 7,992.00$ 17.00$ 11,322.00$ 19.25$ 12,820.50$ 50.00$ 33,300.00$ 14.00$ 9,324.00$ 3.39 Remove Temporary Construction Exit 666 SY 10.80$ 7,192.80$ 10.00$ 6,660.00$ 10.44$ 6,953.04$ 5.00$ 3,330.00$ 6.00$ 3,996.00$ 10.00$ 6,660.00$ 9.90$ 6,593.40$ 20.00$ 13,320.00$ 9.03$ 6,013.98$ 3.40 Furnish, Install, and Maintain Temporary Sedimentation Control Fence 1902 LF 1.62$ 3,081.24$ 4.50$ 8,559.00$ 1.57$ 2,986.14$ 1.35$ 2,567.70$ 4.00$ 7,608.00$ 1.74$ 3,309.48$ 1.55$ 2,948.10$ 4.00$ 7,608.00$ 1.50$ 2,853.00$ 3.41 Remove Temporary Sedimentation Control Fence 1902 LF 0.60$ 1,141.20$ 1.00$ 1,902.00$ 0.58$ 1,103.16$ 0.35$ 665.70$ 1.50$ 2,853.00$ 0.40$ 760.80$ 0.15$ 285.30$ 2.00$ 3,804.00$ 1.20$ 2,282.40$ 3.42 Furnish and Install Metal W-Beam Guard Fence (STEEL POST)87 LF 42.00$ 3,654.00$ 100.00$ 8,700.00$ 40.60$ 3,532.20$ 30.00$ 2,610.00$ 120.00$ 10,440.00$ 30.00$ 2,610.00$ 132.00$ 11,484.00$ 40.00$ 3,480.00$ 40.00$ 3,480.00$ 3.43 Furnish and Install Short Radius 23 LF 57.60$ 1,324.80$ 30.00$ 690.00$ 55.68$ 1,280.64$ 30.00$ 690.00$ 33.00$ 759.00$ 30.00$ 690.00$ 55.00$ 1,265.00$ 50.00$ 1,150.00$ 53.00$ 1,219.00$ 3.44 Furnish and Install Downstream Anchor Terminal 1 EA 2,100.00$ 2,100.00$ 1,600.00$ 1,600.00$ 2,030.00$ 2,030.00$ 1,100.00$ 1,100.00$ 1,800.00$ 1,800.00$ 1,300.00$ 1,300.00$ 2,750.00$ 2,750.00$ 2,250.00$ 2,250.00$ 2,000.00$ 2,000.00$ 3.45 Remove and Dispose of Existing Metal Beam Guard Fence 306 LF 12.00$ 3,672.00$ 6.00$ 1,836.00$ 8.70$ 2,662.20$ 5.00$ 1,530.00$ 6.00$ 1,836.00$ 9.00$ 2,754.00$ 5.50$ 1,683.00$ 5.00$ 1,530.00$ 11.00$ 3,366.00$ 3.46 Furnish and Install Small Roadside Sign Assemblies TY10BWG(1)SA(P)1 EA 750.00$ 750.00$ 400.00$ 400.00$ 725.00$ 725.00$ 635.00$ 635.00$ 500.00$ 500.00$ 660.00$ 660.00$ 688.00$ 688.00$ 850.00$ 850.00$ 694.44$ 694.44$ 3.47 Furnish and Install Small Roadside Sign Assemblies TY10BWG(1)SA(T)2 EA 834.00$ 1,668.00$ 550.00$ 1,100.00$ 806.20$ 1,612.40$ 700.00$ 1,400.00$ 650.00$ 1,300.00$ 715.00$ 1,430.00$ 765.00$ 1,530.00$ 850.00$ 1,700.00$ 772.22$ 1,544.44$ 3.48 Furnish and Install Small Roadside Sign Assemblies TYTWT(1)UA(P)10 EA 750.00$ 7,500.00$ 450.00$ 4,500.00$ 725.00$ 7,250.00$ 445.00$ 4,450.00$ 540.00$ 5,400.00$ 460.00$ 4,600.00$ 688.00$ 6,880.00$ 850.00$ 8,500.00$ 694.44$ 6,944.40$ 3.49 Relocate Small Roadside Sign Assemblies TY 10BWG 2 EA 474.00$ 948.00$ 550.00$ 1,100.00$ 458.20$ 916.40$ 300.00$ 600.00$ 600.00$ 1,200.00$ 490.00$ 980.00$ 435.00$ 870.00$ 850.00$ 1,700.00$ 438.89$ 877.78$ 3.50 Relocate Small Roadside Sign Assemblies TY TWT 3 EA 474.00$ 1,422.00$ 550.00$ 1,650.00$ 458.20$ 1,374.60$ 250.00$ 750.00$ 600.00$ 1,800.00$ 330.00$ 990.00$ 435.00$ 1,305.00$ 850.00$ 2,550.00$ 438.89$ 1,316.67$ 3.51 Remove Small Roadside Sign Assemblies 8 EA 180.00$ 1,440.00$ 100.00$ 800.00$ 174.00$ 1,392.00$ 100.00$ 800.00$ 110.00$ 880.00$ 100.00$ 800.00$ 165.00$ 1,320.00$ 250.00$ 2,000.00$ 166.67$ 1,333.36$ 3.52 Remove Work Zone Pavement Markings (W)4-inch(SLD)1593 LF 1.20$ 1,911.60$ 0.65$ 1,035.45$ 1.16$ 1,847.88$ 0.60$ 955.80$ 1.00$ 1,593.00$ 1.38$ 2,198.34$ 1.10$ 1,752.30$ 1.00$ 1,593.00$ 1.11$ 1,768.23$ 3.53 Remove Work Zone Pavement Markings (Y)4-inch(SLD)2573 LF 1.20$ 3,087.60$ 0.55$ 1,415.15$ 1.16$ 2,984.68$ 0.60$ 1,543.80$ 1.00$ 2,573.00$ 1.38$ 3,550.74$ 1.10$ 2,830.30$ 1.00$ 2,573.00$ 1.11$ 2,856.03$ 3.54 Remove Work Zone Pavement Markings (W)8-inch(DOT)291 LF 2.40$ 698.40$ 1.10$ 320.10$ 2.32$ 675.12$ 1.20$ 349.20$ 2.00$ 582.00$ 2.75$ 800.25$ 2.20$ 640.20$ 6.00$ 1,746.00$ 2.22$ 646.02$ 3.55 Remove Work Zone Pavement Markings (W)8-inch(SLD)1439 LF 2.49$ 3,583.11$ 1.30$ 1,870.70$ 2.32$ 3,338.48$ 1.20$ 1,726.80$ 2.00$ 2,878.00$ 2.75$ 3,957.25$ 2.20$ 3,165.80$ 6.00$ 8,634.00$ 2.22$ 3,194.58$ 3.56 Remove Work Zone Pavement Markings (W)24"(SLD)320 LF 7.20$ 2,304.00$ 11.00$ 3,520.00$ 6.96$ 2,227.20$ 10.00$ 3,200.00$ 12.00$ 3,840.00$ 9.35$ 2,992.00$ 6.60$ 2,112.00$ 20.00$ 6,400.00$ 6.67$ 2,134.40$ 3.57 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(BRK)(100MIL)346 LF 1.14$ 394.44$ 0.65$ 224.90$ 1.10$ 380.60$ 0.60$ 207.60$ 1.00$ 346.00$ 1.10$ 380.60$ 1.05$ 363.30$ 2.00$ 692.00$ 1.06$ 366.76$ 3.58 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(DOT)(100MIL)66 LF 3.54$ 233.64$ 0.80$ 52.80$ 3.42$ 225.72$ 0.60$ 39.60$ 1.00$ 66.00$ 1.10$ 72.60$ 3.25$ 214.50$ 2.00$ 132.00$ 3.28$ 216.48$ 3.59 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(SLD)(100MIL)1731 LF 1.14$ 1,973.34$ 0.61$ 1,055.91$ 1.10$ 1,904.10$ 0.60$ 1,038.60$ 1.00$ 1,731.00$ 1.10$ 1,904.10$ 1.05$ 1,817.55$ 2.00$ 3,462.00$ 1.06$ 1,834.86$ 3.60 Furnish and Install Reflective Pavement Marking TY I (W)8-inch(DOT)(100MIL)81 LF 2.16$ 174.96$ 1.10$ 89.10$ 2.09$ 169.29$ 1.20$ 97.20$ 2.00$ 162.00$ 2.20$ 178.20$ 2.00$ 162.00$ 6.00$ 486.00$ 2.00$ 162.00$ 3.61 Furnish and Install Reflective Pavement Marking TY I (W)8-inch(SLD)(100MIL)1439 LF 2.16$ 3,108.24$ 1.30$ 1,870.70$ 2.09$ 3,007.51$ 1.20$ 1,726.80$ 2.00$ 2,878.00$ 2.20$ 3,165.80$ 2.00$ 2,878.00$ 6.00$ 8,634.00$ 2.00$ 2,878.00$ 3.62 Furnish and Install Reflective Pavement Marking TY I (W)12-inch(SLD)(100MIL)624 LF 4.68$ 2,920.32$ 3.00$ 1,872.00$ 4.52$ 2,820.48$ 2.70$ 1,684.80$ 3.50$ 2,184.00$ 3.36$ 2,096.64$ 4.30$ 2,683.20$ 12.00$ 7,488.00$ 4.33$ 2,701.92$ 3.63 Furnish and Install Reflective Pavement Marking TY I (W)24-inch(SLD)(100MIL)320 LF 7.08$ 2,265.60$ 6.00$ 1,920.00$ 6.84$ 2,188.80$ 5.40$ 1,728.00$ 6.50$ 2,080.00$ 6.88$ 2,201.60$ 6.50$ 2,080.00$ 20.00$ 6,400.00$ 6.56$ 2,099.20$ 3.64 Furnish and Install Reflective Pavement Marking TY I (W)(ARROW)(100MIL)26 EA 132.00$ 3,432.00$ 170.00$ 4,420.00$ 127.60$ 3,317.60$ 160.00$ 4,160.00$ 200.00$ 5,200.00$ 143.00$ 3,718.00$ 121.00$ 3,146.00$ 250.00$ 6,500.00$ 122.22$ 3,177.72$ 3.65 Furnish and Install Reflective Pavement Marking TY I (W)(WORD)(100MIL)11 EA 132.00$ 1,452.00$ 170.00$ 1,870.00$ 127.60$ 1,403.60$ 155.00$ 1,705.00$ 200.00$ 2,200.00$ 154.00$ 1,694.00$ 121.00$ 1,331.00$ 250.00$ 2,750.00$ 122.22$ 1,344.42$ 3.66 Furnish and Install Reflective Pavement Marking TY I (Y)4-inch(SLD)(100MIL)2379 LF 1.14$ 2,712.06$ 0.65$ 1,546.35$ 1.10$ 2,616.90$ 0.60$ 1,427.40$ 1.00$ 2,379.00$ 1.10$ 2,616.90$ 1.05$ 2,497.95$ 2.00$ 4,758.00$ 1.06$ 2,521.74$ 3.67 Furnish and Install Reflective Pavement Marking TY I (Y)12-inch(SLD)(100MIL)276 LF 4.68$ 1,291.68$ 3.00$ 828.00$ 4.52$ 1,247.52$ 2.70$ 745.20$ 3.00$ 828.00$ 3.36$ 927.36$ 4.30$ 1,186.80$ 12.00$ 3,312.00$ 4.33$ 1,195.08$ 3.68 Furnish and Install Pavement Sealer for 4-inch TY I Markings 4522 LF 0.06$ 271.32$ 0.11$ 497.42$ 0.06$ 271.32$ 0.10$ 452.20$ 0.50$ 2,261.00$ 0.06$ 271.32$ 0.10$ 452.20$ 1.00$ 4,522.00$ 0.06$ 271.32$ 3.69 Furnish and Install Pavement Sealer for 8-inch TY I Markings 1519 LF 0.06$ 91.14$ 0.22$ 334.18$ 0.06$ 91.14$ 0.20$ 303.80$ 1.00$ 1,519.00$ 0.06$ 91.14$ 0.10$ 151.90$ 3.00$ 4,557.00$ 0.06$ 91.14$ 3.70 Furnish and Install Pavement Sealer for 12-inch TY I Markings 899 LF 0.06$ 53.94$ 1.10$ 988.90$ 0.06$ 53.94$ 1.00$ 899.00$ 1.00$ 899.00$ 0.06$ 53.94$ 0.10$ 89.90$ 6.00$ 5,394.00$ 0.06$ 53.94$ 3.71 Furnish and Install Pavement Sealer for 24-inch TY I Markings 320 LF 0.06$ 19.20$ 2.10$ 672.00$ 0.06$ 19.20$ 2.00$ 640.00$ 2.50$ 800.00$ 0.06$ 19.20$ 0.10$ 32.00$ 20.00$ 6,400.00$ 0.06$ 19.20$ 3.72 Furnish and Install Pavement Sealer for TY I Arrow Markings 26 EA 12.00$ 312.00$ 16.00$ 416.00$ 11.60$ 301.60$ 15.00$ 390.00$ 19.00$ 494.00$ 2.75$ 71.50$ 11.00$ 286.00$ 250.00$ 6,500.00$ 11.11$ 288.86$ 3.73 Furnish and Install Pavement Sealer for TY I Word Markings 11 EA 12.00$ 132.00$ 22.00$ 242.00$ 11.60$ 127.60$ 20.00$ 220.00$ 25.00$ 275.00$ 2.75$ 30.25$ 11.00$ 121.00$ 250.00$ 2,750.00$ 11.11$ 122.21$ 3.74 Furnish and Install Reflective Pavement Marking TY I-C 107 EA 4.80$ 513.60$ 4.00$ 428.00$ 4.64$ 496.48$ 3.75$ 401.25$ 5.00$ 535.00$ 4.40$ 470.80$ 4.40$ 470.80$ 10.00$ 1,070.00$ 4.44$ 475.08$ 3.75 Furnish and Install Reflective Pavement Marking TY II-A-A 81 EA 4.80$ 388.80$ 4.00$ 324.00$ 4.64$ 375.84$ 3.75$ 303.75$ 5.00$ 405.00$ 4.40$ 356.40$ 4.40$ 356.40$ 10.00$ 810.00$ 4.44$ 359.64$ 3.76 Furnish and Install Reflective Pavement Marking TY II-C-R 106 EA 4.80$ 508.80$ 4.00$ 424.00$ 4.64$ 491.84$ 3.75$ 397.50$ 5.00$ 530.00$ 4.40$ 466.40$ 4.40$ 466.40$ 10.00$ 1,060.00$ 4.44$ 470.64$ 3.77 Eliminate Existing Pavement Markings and Markers (4-inch)2924 LF 1.08$ 3,157.92$ 0.55$ 1,608.20$ 1.04$ 3,040.96$ 0.50$ 1,462.00$ 1.00$ 2,924.00$ 0.83$ 2,426.92$ 1.00$ 2,924.00$ 1.00$ 2,924.00$ 1.00$ 2,924.00$ 3.78 Eliminate Existing Pavement Markings and Markers (8-inch)804 LF 2.10$ 1,688.40$ 1.10$ 884.40$ 2.03$ 1,632.12$ 1.00$ 804.00$ 1.50$ 1,206.00$ 0.83$ 667.32$ 1.95$ 1,567.80$ 1.00$ 804.00$ 1.94$ 1,559.76$ 3.79 Eliminate Existing Pavement Markings and Markers (12-inch)310 LF 3.00$ 930.00$ 1.30$ 403.00$ 2.90$ 899.00$ 1.25$ 387.50$ 1.50$ 465.00$ 1.65$ 511.50$ 2.75$ 852.50$ 1.00$ 310.00$ 2.78$ 861.80$ 3.80 Eliminate Existing Pavement Markings and Markers (24-inch)212 LF 4.20$ 890.40$ 2.70$ 572.40$ 4.06$ 860.72$ 2.50$ 530.00$ 3.00$ 636.00$ 2.48$ 525.76$ 3.85$ 816.20$ 1.00$ 212.00$ 3.89$ 824.68$ 3.81 Eliminate Existing Pavement Markings and Markers (ARROW)13 EA 108.00$ 1,404.00$ 32.00$ 416.00$ 104.40$ 1,357.20$ 30.00$ 390.00$ 37.00$ 481.00$ 49.50$ 643.50$ 99.00$ 1,287.00$ 150.00$ 1,950.00$ 100.00$ 1,300.00$ 3.82 Eliminate Existing Pavement Markings and Markers (DBL ARROW)3 EA 144.00$ 432.00$ 50.00$ 150.00$ 139.20$ 417.60$ 55.00$ 165.00$ 68.00$ 204.00$ 93.50$ 280.50$ 132.00$ 396.00$ 150.00$ 450.00$ 133.33$ 399.99$ 3.83 Eliminate Existing Pavement Markings and Markers (WORD)7 EA 108.00$ 756.00$ 30.00$ 210.00$ 104.40$ 730.80$ 35.00$ 245.00$ 43.00$ 301.00$ 60.50$ 423.50$ 99.00$ 693.00$ 150.00$ 1,050.00$ 100.00$ 700.00$ 3.84 Pavement Surface Preparation for Markings (4-inch)4522 LF 0.06$ 271.32$ 0.05$ 226.10$ 0.06$ 271.32$ 0.05$ 226.10$ 1.00$ 4,522.00$ 0.06$ 271.32$ 0.10$ 452.20$ 1.00$ 4,522.00$ 0.06$ 271.32$ 3.85 Pavement Surface Preparation for Markings (8-inch)1519 LF 0.06$ 91.14$ 0.11$ 167.09$ 0.06$ 91.14$ 0.10$ 151.90$ 1.00$ 1,519.00$ 0.06$ 91.14$ 0.10$ 151.90$ 1.00$ 1,519.00$ 0.06$ 91.14$ 3.86 Pavement Surface Preparation for Markings (12-inch)899 LF 0.06$ 53.94$ 0.25$ 224.75$ 0.06$ 53.94$ 0.30$ 269.70$ 1.00$ 899.00$ 0.06$ 53.94$ 0.10$ 89.90$ 1.00$ 899.00$ 0.06$ 53.94$ 3.87 Pavement Surface Preparation for Markings (24-inch)320 LF 0.06$ 19.20$ 0.65$ 208.00$ 0.06$ 19.20$ 0.60$ 192.00$ 1.00$ 320.00$ 0.06$ 19.20$ 0.10$ 32.00$ 1.00$ 320.00$ 0.06$ 19.20$ 3.88 Pavement Surface Preparation for Markings (ARROW)26 EA 12.00$ 312.00$ 11.00$ 286.00$ 0.06$ 1.56$ 10.00$ 260.00$ 12.00$ 312.00$ 2.75$ 71.50$ 11.00$ 286.00$ 150.00$ 3,900.00$ 11.11$ 288.86$ 3.89 Pavement Surface Preparation for Markings (WORD)11 EA 12.00$ 132.00$ 16.00$ 176.00$ 11.60$ 127.60$ 15.00$ 165.00$ 18.00$ 198.00$ 2.75$ 30.25$ 11.00$ 121.00$ 150.00$ 1,650.00$ 11.11$ 122.21$ 3.90 Furnish and Install Anchored Dead End Roaway Barricade 32 LF 84.00$ 2,688.00$ 25.00$ 800.00$ 81.20$ 2,598.40$ 35.00$ 1,120.00$ 30.00$ 960.00$ 50.00$ 1,600.00$ 77.00$ 2,464.00$ 150.00$ 4,800.00$ 77.78$ 2,488.96$ 3.91 Excavate, Remove, and Relocate Existing Fire Hydrant 2 EA 4,620.00$ 9,240.00$ 2,900.00$ 5,800.00$ 2,173.88$ 4,347.76$ 8,500.00$ 17,000.00$ 4,500.00$ 9,000.00$ 4,300.00$ 8,600.00$ 8,250.00$ 16,500.00$ 4,500.00$ 9,000.00$ 5,142.86$ 10,285.72$ 3.92 Adjust Existing Water Valve Stack and Cover to finish grade 8 EA 390.00$ 3,120.00$ 900.00$ 7,200.00$ 462.71$ 3,701.68$ 550.00$ 4,400.00$ 1,000.00$ 8,000.00$ 350.00$ 2,800.00$ 1,650.00$ 13,200.00$ 850.00$ 6,800.00$ 371.43$ 2,971.44$ 3.93 Remove and Relocate Existing Water Meter and Box 1 EA 2,652.00$ 2,652.00$ 1,200.00$ 1,200.00$ 1,689.92$ 1,689.92$ 2,500.00$ 2,500.00$ 1,600.00$ 1,600.00$ 2,400.00$ 2,400.00$ 3,300.00$ 3,300.00$ 850.00$ 850.00$ 2,971.43$ 2,971.43$ 3.94 Furnish and Install 30x48x36-inch H10 Fiber Optic Vault 6 EA 5,760.00$ 34,560.00$ 6,900.00$ 41,400.00$ 4,152.80$ 24,916.80$ 5,500.00$ 33,000.00$ 3,600.00$ 21,600.00$ 6,000.00$ 36,000.00$ 7,700.00$ 46,200.00$ 45,000.00$ 270,000.00$ 3,977.78$ 23,866.68$ 3.95 Furnish and Install 6-inch Schedule 40PVC with Indicated Interducts 1200 LF 81.24$ 97,488.00$ 59.00$ 70,800.00$ 88.16$ 105,792.00$ 74.00$ 88,800.00$ 100.00$ 120,000.00$ 61.00$ 73,200.00$ 159.50$ 191,400.00$ 120.00$ 144,000.00$ 84.44$ 101,328.00$ 2020-40-B - Page 2 - Page 262 - Item No. 12. TOTAL SECTION 3 2,253,945.65$ 2,061,537.80$ 2,153,000.57$ 2,492,803.50$ 2,839,980.00$ 2,700,058.76$ 2,933,393.35$ 4,134,722.05$ 2,729,377.95$ 4.1 Value of Time Bid with Alternate Items (Bid Line Items Sections 1-3): Total number of Calendar Days multiplied by the corresponding Value of a Calendar Day (reference Section SC.04 of the Contract Documents and Specifications for table). Enter as a lump sum total. 1 LS $270,000.00 $250,000.00 $270,000.00 $180,000.00 $290,000.00 $374,000.00 $495,000.00 $1,200,000.00 $300,000.00 4.2 Value of Time Bid without Alternate Items (Bid Line Items Sections 1 and 3 only): Total number of Calendar Days multiplied by the corresponding Value of a Calendar Day (reference Section SC.04 of the Contract Documents and Specifications for table). Enter as a lump sum total. 1 LS $240,000.00 $248,000.00 $260,000.00 $180,000.00 $285,000.00 $360,000.00 $450,000.00 $1,160,000.00 $300,000.00 TOTAL WITH ALTERNATE ITEMS (WITHOUT TIME BID) TOTAL WITH ALTERNATE ALTERNATE ITEMS + TIME BID TOTAL WITHOUT ALTERNATE (WITHOUT TIME BID) TOTAL WITHOUT ALTERNATE + TIME BID Rebcon, Inc.Tiseo Paving Co.FNH CONSTRUCTION LLC Pavecon Public Works, LPReliable Paving, Inc Accelerated Critical Path, Inc.McMahon Contracting LP Mario Sinacola & Sons Excavating, Inc. RBR Infrastructure & Road, LLC 2,875,877.42$ 2,608,396.11$ 2,455,204.30$ 2,560,292.97$ 2,830,299.25$ 3,265,939.00$ 3,221,327.26$ 3,499,461.35$ 5,573,333.05$ 3,175,877.42$ 2,368,396.11$ 2,207,204.30$ 2,300,292.97$ 2,650,299.25$ 2,980,939.00$ 3,574,781.85$ 4,498,893.05$ 5,698,893.05$ 2,861,327.26$ 3,049,461.35$ 4,413,333.05$ 3,194,722.70$ 2,859,605.50$ 2,998,559.00$ 3,288,559.00$ 2,883,894.66$ 3,257,894.66$ 2,661,185.61$ 2,217,240.30$ 2,467,240.30$ 2,335,880.79$ 2,605,880.79$ TIME BID 2,391,185.61$ 2,679,605.50$ 3,079,781.85$ 2,894,722.70$ 2020-40-B - Page 3 - Page 263 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS BID NO. 2020-40-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Marcus E. Ray, Place 1 Craig Andres, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager Attachment 4 - Page 264 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 2 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 LEGAL NOTICE .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ...................................................................................... 4 SAMPLE CONSTRUCTION AGREEMENT .................................................................... 5 PERFORMANCE BOND ............................................................................................... 18 PAYMENT BOND.......................................................................................................... 21 MAINTENANCE BOND ................................................................................................. 24 SPECIAL CONDITIONS ................................................................................................ 27 TECHNICAL SPECIFICATIONS ................................................................................... 30 Attachment 4 - Page 265 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 3 LEGAL NOTICE The Town of Prosper is accepting competitive sealed bids for BID NO. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS. Bids will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 2:00 P.M. on THURSDAY, MARCH 26, 2020. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of a concrete right turn lane on southbound Coit Road at US-380 along with paving and drainage improvements at Prosper Trail and DNT intersection. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50.00 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 18, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Attachment 4 - Page 266 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 4 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 P.M. on Thursday, March 26, 2020. 2. Submittal Location: Bids will be accepted online through IonWave.net, the Town’s e-procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078. 3. Electronic Submittal Requirements: If submitting bid through IonWave.net, Bidder shall complete all requested information and submit all required documents. 4. Hard Copy Submittal Requirements: If submitting bid in hard copy, Bidder shall submit one (1) original and one (1) copy of their bid in a sealed envelope clearly marked with their name and BID NO. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS. Bidder shall complete all requested information and submit all required documents. 5. Bid Opening: Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. 6. Bid Documents: Copies of Plans, Specifications, and Contract Documents may be examined without charge at the following location: Town of Prosper Engineering Department 250 W. First Street Prosper, TX 75078 Phone: 972-569-1198 or Download free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. 7. Questions and Requests for Clarification: Questions and requests for clarifications in regards to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 18, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. 8. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 9. Pre-Bid Meeting: A pre-bid meeting will be held for this project in the Engineering Conference Room, located in the 2nd floor Development Services suite of Town Hall, 250 W. First Street, Prosper, Texas 75078 at 11:00 A.M., Thursday March 12, 2020. Attendance is optional. 10. Site Visit: N/A Attachment 4 - Page 267 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 5 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 Reliable Paving, 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. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE PROJECT ONLY 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 bid, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Bid; 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 Attachment 4 - Page 268 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 6 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 Fourteen Thousand Four Hundred Fifty Dollars and Forty-Six Cents ($114,450.46). 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 45 calendar days after the date of the Notice to Proceed for the base bid. Within 15 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Coit Road and US-380 SB Right Turn Lane shall be substantially complete and open to traffic by August 1, 2020. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, 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. Attachment 4 - Page 269 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 7 CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (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.) Attachment 4 - Page 270 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 8 E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s bid. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: BID No. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE ONLY 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury Attachment 4 - Page 271 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 9 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. Attachment 4 - Page 272 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 10 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed 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 Attachment 4 - Page 273 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 11 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. G. 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. Attachment 4 - Page 274 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 12 The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. 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. I. 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. Attachment 4 - Page 275 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 13 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. J. 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. K. 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 Attachment 4 - Page 276 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 14 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. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Attachment 4 - Page 277 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 15 M. 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. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible Attachment 4 - Page 278 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 16 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. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 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. [Signatures continued on following page.] Attachment 4 - Page 279 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 17 RELIABLE PAVING, INC. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 1903 Peyco Dr. North Arlington, TX 76001 Phone: (817) 467-0779 Email: Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: harlan_jefferson@prospertx.gov ATTEST: MELISSA LEE Town Secretary Attachment 4 - Page 280 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 18 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 28th day of April, A.D. 2020, 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. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE ONLY in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in 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. Attachment 4 - Page 281 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 19 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 two 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.] Attachment 4 - Page 282 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 20 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. Attachment 4 - Page 283 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 21 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 28th day of April, A.D. 2020, 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. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE ONLY 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. 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 Attachment 4 - Page 284 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 22 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 two 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.] Attachment 4 - Page 285 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 23 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. Attachment 4 - Page 286 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 24 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 28th day of April, 2020, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: BID NO. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE ONLY in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. 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. Attachment 4 - Page 287 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 25 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 two 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.] Attachment 4 - Page 288 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 26 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Attachment 4 - Page 289 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 27 SPECIAL CONDITIONS SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this Contract: BID NO. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 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: Coit Road and US-380 SB Right Turn Lane – John E. Elliot, P.E., RLK Engineering, Inc. Prosper Trail and DNT Intersection Improvements – Michael M. Lesh, P.E., Halff Associates, Inc. • SUBSTANTIAL COMPLETION: The work is complete to such a level that it is able to safely be open to vehicular traffic. SC.03 MINIMUM QUALIFICATIONS OF VENDORS: The Town will only consider Bidders who meet the Minimum Qualifications identified in this section. Should the Town determine, in its sole discretion, that the Bidder does not meet these Minimum Qualifications, the Town will disqualify the Bidder and its bid will be rejected as non- responsible. Experience performing projects of similar scope, quantities, and cost will be a primary consideration of meeting the minimum qualifications. The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require to establish its financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expeditious, safe and satisfactory manner. Bidders are subject to disqualification if they fail to provide evidence within the five-day period. Confident bidders are strongly encouraged to have this evidence ready by Bid Opening. Submissions will be made to the Director of Engineering Services, Town of Prosper, 250 W. First Street, Prosper, Texas. The Town reserves the right to conduct site/yard visits to the Bidders' place of business, yard sites or current project sites. The required information to be submitted shall consist of, but shall not necessarily be limited to, the following: A. Current Project Experience. A list of all projects presently under construction by the bidder including approximate cost, project start date and estimated completion date shall be submitted. B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below meeting the following requirements shall be submitted: 1. Roadway and Drainage Projects a. Completed within the previous five years from the date of the Owner’s request; b. Located in the Dallas-Fort Worth Metroplex; c. Scope of work consisting of similar items and quantities; and d. Copy of actual project schedule used during construction; e. This qualification may be met with the qualifications from a sub-contractor. Attachment 4 - Page 290 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 28 C. Key Personnel Resumes. If requested, bidder shall provide resumes of LOCAL personnel expected to oversee this project. Resumes shall be provided for executive and management team as well as on-site project manager. D. Financial Statement. Each Bidder shall be prepared to submit upon request of the Owner a financial statement prepared by an independent Certified Public Accountant with no evidence of threatening losses (current within the last six (6) months of bid date). This information will be used to confirm that the Bidder has suitable financial status to meet obligations incidental to performing the work. E. Proof that the bidder maintains a permanent place of business (must be submitted within five (5) days if requested). SC.04 BID AWARD: The award shall be based on the lowest responsive and responsible bidder taking into consideration the number of days bid to complete the project. A. For the purpose of award, each bid submitted shall consist of: 1. Base Bid (A) = The correct summation of the products and the quantities shown in the bid proposal, multiplied by the bid unit prices. 2. Time Bid (B) = (CD x Daily Value). The product of the total number of calendar days (CD) provided by the Contractor to complete the project and the daily value established in SC.04 B. 3. Total Bid = Base Bid (A) + Time Bid (B). The lowest Total Bid will be determined by the Town as the lowest sum of the Base Bid (A) + the Time Bid (B). Note: The dollar value of the Time Bid (B) will be used for evaluation purposes only, and will not be included in the contract award. However, the successful Contractor will be responsible for completing construction within the number of calendar days bid. B. Contractor will enter the number of days to complete the project in the appropriate Bid Line, with the corresponding value of a calendar day indicated in the matrix below, based on total of Contractor’s Base Bid (A). The Town reserves the right to set a maximum value to the total number of days. Amount of Contract ($) Value of a Calendar Day ($) $1,500,000 to $1,999,999.99 $500 per day $2,000,000 to $2,999,999.99 $1,000 per day $3,000,000 to $3,999,999.99 $1,500 per day More than $4,000,000.00 $2,000 per day SC.05: PROJECT COMPLETION REQUIREMENT: Contractor is hereby notified that a new PISD High School is opening August 12, 2020 just south of US-380 and the project site. The Coit Road and US-380 turn lane section of this project (Section 1) will need to be substantially completed (substantially complete being defined as the turn lane open to vehicular traffic) by August 1, 2020 to facilitate the additional traffic through the intersection. SC.06: SUBMISSION OR DELIVERY OF BID: Bids for the construction services specified will be received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods of delivery. Attachment 4 - Page 291 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 29 A. Online Submission Bids may be submitted online through IonWave.net, the Town’s e-procurement system. Please ensure that you provide all required information, including attachments. Any additional response attachments must be uploaded and included with your submission in order to be considered. B. Mailed/Delivered Submission Bids must be submitted with the BID number and the respondent’s name and address clearly indicated on the front of the envelope. Please submit one (1) unbound original and one (1) copy of your bid, in a sealed envelope or package to the address listed below: Delivery Address: Town of Prosper Attn: Purchasing Manager 250 W. First St. 3rd Floor Finance Suite Prosper, Texas 75078 Mailing Address (US Postal Service Only): Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 Attachment 4 - Page 292 - Item No. 12. BID NO: 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS 30 TECHNICAL SPECIFICATIONS TS.01 FIBER VAULT AND CONDUIT A. Cable Vault Specifications Vault will be 30” X 48” X 36” depth in H10 or better rated, open bottom with “TOWN OF PROSPER FIBER OPTICS” raised letter on the lid. Placement of top vault will be even with final ground grade, 50’ of curb radius or right of way line of intersection road. 6” of pea size gravel placed in bottom of vault. An 8’ ground rod will be placed in every vault, with 1’ exposed above pea gravel. The ground resistance of this ground rod will be 25 ohm or less, contractor will provide testing and results. B. Conduit Specifications 6” schedule 40 PVC with (3) – 2”, (2) – 1 ¼”, (1) – 1” interducts with low friction, polyester fiber pull tape in each interduct, 1800 psi tensile strength. A tracer wire, 10 AWG insulated, will be placed within the 6” duct. The 6” duct will be placed with a minimum of 42” of cover and a 6” orange warning tape placed 1’ below the final ground grade with “Fiber Optic Line” printed on it repeatedly. The interducts will enter all the vaults with a minimum of 18” exposed above the pea gravel. Refer to the Fiber Vault & Conduit Layout plan sheet for conduit and vault locations. Please reference the Construction Plans for all other technical specifications Attachment 4 - Page 293 - Item No. 12. 2020-40-B Addendum 4 Reliable Paving, Inc Supplier Response Event Information Number:2020-40-B Addendum 4 Title:Coit Road and US-380 SB Right Turn Lane and Prosper Trail and DNT Intersection Improvements Type:Request for Bids Issue Date:3/3/2020 Deadline:3/26/2020 02:00 PM (CT) Notes:The Town of Prosper is accepting competitive sealed bids for BID NO. 2020-40-B COIT ROAD AND US-380 SB RIGHT TURN LANE AND PROSPER TRAIL AND DNT INTERSECTION IMPROVEMENTS. Bids will be accepted online through IonWave.net, the Town’s e- procurement system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 2:00 P.M. on THURSDAY, MARCH 26, 2020. Any bids received after this time will not be accepted, and will be returned unopened. Bids will be publicly opened and read aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately following the bid deadline. The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the construction of a concrete right turn lane on southbound Coit Road at US-380 along with paving and drainage improvements at Prosper Trail and DNT intersection. Page 1 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 294 - Item No. 12. Each bid submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum amount bid, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute a Construction Agreement with the Town, including all required bonds and other documents. The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount, and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and workmanship for two calendar years following the Town's approval and acceptance of the construction. An approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas law. Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without charge. These documents may be acquired from that office for the non-refundable purchase price of $50.00 per set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be downloaded free of charge from Current Bidding Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/. Questions and requests for clarifications in regards to this bid should be submitted in writing through IonWave.net, the Town’s e-procurement system, or emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is 12:00 P.M. on Wednesday, March 18, 2020. After that day and time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town. Please complete and submit the Planholder Registration Form to be placed on the official Planholder Listing for this project. Contact Information Contact:January Cook Purchasing Manager Address:Purchasing Office Town Hall Page 2 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 295 - Item No. 12. 3rd Floor 250 W. First St. P.O. Box 307 Prosper, TX 75078 Phone:(972) 569-1018 Email:january_cook@prospertx.gov Page 3 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 296 - Item No. 12. Reliable Paving, Inc Information Contact:Marty Murphy Address:1903 Peyco Drive North Arlington, TX 76001 Phone:(817) 467-0779 Email:marty@reliablepaving.com By submitting your response, you certify that you are authorized to represent and bind your company. Marty Murphy marty@reliablepaving.com Signature Email Submitted at 3/26/2020 12:20:20 PM Requested Attachments Bid Bond Scan_0030.pdf References Worksheet Scan_0029.pdf Conflict of Interest Form (optional)Scan_0031.pdf Only if applicable Out of State Contractor Compliance Form (Optional)Scan_0032.pdf Only if required Bid Attributes 1 Bid Proposal Condition No. 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I Agree 2 Bid Proposal Condition No. 2 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will remain subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after the date of Owner's Notice of Award. I Agree 3 Bid Proposal Condition No. 3 The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informality in the Bids received. I Agree Page 4 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 297 - Item No. 12. 4 Bid Proposal Condition No. 4 Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. I Agree 5 Bid Proposal Condition No. 5 Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at the site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. I Agree 6 Bid Proposal Condition No. 6 Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. I Agree 7 Bid Proposal Condition No. 7 Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. I Agree 8 Bid Proposal Condition No. 8 Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. I Agree 9 Bid Proposal Condition No. 9 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I Agree 1 0 Bid Proposal Condition No. 10 Bidder will complete the Work for the price(s) shown in the schedule of bid items and within the number of days bid. I Agree Page 5 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 298 - Item No. 12. 1 1 Bid Proposal Condition No. 11 Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have been given to him, and to substantially complete the work 30 days prior to the total number of days bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. All such time restrictions are subject to such extensions of time as are provided by the General Provisions and Special Conditions. I Agree 1 2 Bid Proposal Condition No. 12 Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be considered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the Work as altered and no allowances shall be made for anticipated profits. I Agree 1 3 Bid Proposal Condition No. 13 Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project if requested. I Agree 1 4 Bid Proposal Condition No. 14 In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, and a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of the contract with sureties offered by surety company named in the space provided,to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bond for 100% of the contract amount covering defects of material and workmanship for two calendar years following the Owner's approval and acceptance of the construction. I Agree 1 5 Bid Proposal Condition No. 15 The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specifications, to the satisfaction of the Engineer and the Owner. I Agree 1 6 Bid Proposal Condition No. 16 The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. I Agree 1 7 Base Bid Cost of Materials $1544520.65 1 8 Base Bid Cost of Labor, Profit, etc. $845664.96 Page 6 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 299 - Item No. 12. 1 9 Addendum No. 1 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 0 Addendum No. 2 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 1 Addendum No. 3 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 2 Addendum No. 4 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) Acknowledged 2 3 Addendum No. 5 Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued) No response 2 4 Subcontractor 1 - Name Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcontractor and the approximate percentage of contract labor to be completed by each subcontractor. If complete listing of subcontracts totals more than five, please attach such additional pages as may be required. Owner reserves the right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable. Cleburne Underground 2 5 Subcontractor 1 - Type of Work Utilities 2 6 Subcontractor 1 - % of Work 29% 2 7 Subcontractor 2 - Name Metroplex Pavement Markings 2 8 Subcontractor 2 - Type of Work Signage and Striping 2 9 Subcontractor 2 - % of Work 3% 3 0 Subcontractor 3 - Name Greenscaping 3 1 Subcontractor 3 - Type of Work Landscaping Page 7 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 300 - Item No. 12. 3 2 Subcontractor 3 - % of Work 1% 3 3 Subcontractor 4 - Name Dixon Erosion Control 3 4 Subcontractor 4 - Type of Work Erosion Control 3 5 Subcontractor 4 - % of Work 2% 3 6 Subcontractor 5 - Name No response 3 7 Subcontractor 5 - Type of Work No response 3 8 Subcontractor 5 - % of Work No response 3 9 Supplier 1 - Name Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installed in connection with this Bid. If complete listing of suppliers totals more than five, please attach such additional pages as may be required. Lhoist 4 0 Supplier 1 - Type of Material/Equipment Lime 4 1 Supplier 2 - Name Barnsco 4 2 Supplier 2 - Type of Material/Equipment Rebar and Miscellaneous Concrete items 4 3 Supplier 3 - Name Martin Marrietta 4 4 Supplier 3 - Type of Material/Equipment Concrete 4 5 Supplier 4 - Name Austin Bridge & Road 4 6 Supplier 4 - Type of Material/Equipment Asphalt Page 8 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 301 - Item No. 12. 4 7 Supplier 5 - Name No response 4 8 Supplier 5 - Type of Material/Equipment No response Bid Lines 1 Package Header Section 1: Coit and US-380 Right Turn Lane Quantity:1 Total:$114,450.46 Package Items 1.1 Unclassified Roadway Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals Quantity:80 UOM:CY Unit Price:$58.67 Total:$4,693.60 1.2 Saw, Remove, Dispose of Existing Concrete or Asphalt Paving, including all incidentals Quantity:158 UOM:SY Unit Price:$24.32 Total:$3,842.56 1.3 Furnish and Install 8-inch Flexible Base Subgrade, including all incidentals Quantity:465 UOM:SY Unit Price:$24.37 Total:$11,332.05 1.4 Construct 2-inch Ty D HMAC Surface Street Paving Quantity:81 UOM:SY Unit Price:$20.17 Total:$1,633.77 1.5 Construct 8-inch Ty B HMAC Base Paving Quantity:81 UOM:SY Unit Price:$49.95 Total:$4,045.95 1.6 Construct 9-inch Thick, 4500psi Reinforced Concrete Street Paving with Monolithic Curb and all incidentals Quantity:326 UOM:SY Unit Price:$54.83 Total:$17,874.58 1.7 Construct TxDOT Type II, 18-inch Concrete Curb and Gutter Quantity:76 UOM:LF Unit Price:$45.93 Total:$3,490.68 1.8 Construct 4-inch Thick, 3600psi Reinforced Concrete Sidewalk Paving with Integral Curb Quantity:46 UOM:SY Unit Price:$85.49 Total:$3,932.54 1.9 Construct 3600psi Reinforced Concrete Sidewalk with Integral Varying Height Retaining Wall Quantity:18 UOM:SY Unit Price:$221.15 Total:$3,980.70 1.10 Construct Barrier Free Ramp, including Detectable Warning Surface and all incidentals Quantity:2 UOM:EA Unit Price:$2,496.79 Total:$4,993.58 1.11 Adjust Existing Fire Hydrant to finish grade, including all incidentals Quantity:1 UOM:EA Unit Price:$1,740.00 Total:$1,740.00 1.12 Adjust Existing Water Valve Stack and Cover to finish grade, including all incidentals Quantity:1 UOM:EA Unit Price:$420.00 Total:$420.00 1.13 Excavate, Remove, Dispose of Existing Reinforced Concrete Storm Sewer, including all incidentals Quantity:53 UOM:LF Unit Price:$21.60 Total:$1,144.80 Page 9 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 302 - Item No. 12. 1.14 Furnish and Install 12-inch Class III RCP Storm Sewer Pipe, including all incidentals Quantity:53 UOM:LF Unit Price:$141.60 Total:$7,504.80 1.15 Construct 5-foot Concrete Combination Curb and Grate Inlet (TxDOT CGI (TY I)-08), including excavation, reinforcement, backfilling, and all incidentals Quantity:1 UOM:EA Unit Price:$5,820.00 Total:$5,820.00 1.16 Furnish and Install 4-inch Depth of Topsoil, including all incidentals Quantity:35 UOM:CY Unit Price:$11.43 Total:$400.05 1.17 Furnish and Install Bermuda Block Sod, including watering and all incidentals until established Quantity:315 UOM:SY Unit Price:$14.88 Total:$4,687.20 1.18 Furnish, Install, Maintain, and Remove all Erosion Control Devices, including all incidentals Quantity:1 UOM:LS Unit Price:$2,100.00 Total:$2,100.00 1.19 Remove Existing Pavement Markings and Markers, including Symbols, Words and all incidentals Quantity:1 UOM:LS Unit Price:$1,200.00 Total:$1,200.00 1.20 Furnish and Install Reflective Marker (Cl B, Ty II-C-R), including surface preparation, cleaning, sealing, and all incidentals Quantity:15 UOM:EA Unit Price:$4.80 Total:$72.00 1.21 Furnish and Install Reflective Pavement Marking (4-inch)(White)(Broken)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:200 UOM:LF Unit Price:$1.26 Total:$252.00 1.22 Furnish and Install Reflective Pavement Marking (8-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:175 UOM:LF Unit Price:$2.40 Total:$420.00 1.23 Furnish and Install Reflective Pavement Marking (12-inch)(White)(Solid)(Type I)(Crosswalk), including surface preparation, cleaning, sealing, and all incidentals Quantity:94 UOM:LF Unit Price:$4.80 Total:$451.20 1.24 Furnish and Install Reflective Pavement Marking (24-inch)(White)(Solid)(Type I)(Stop Bar), including surface preparation, cleaning, sealing, and all incidentals Quantity:47 UOM:LF Unit Price:$7.20 Total:$338.40 1.25 Furnish and Install Reflective Pavement Marker (Arrow)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:1 UOM:EA Unit Price:$156.00 Total:$156.00 1.26 Remove Existing, Furnish and Install New Small Traffic Sign, including all incidentals Quantity:2 UOM:EA Unit Price:$558.00 Total:$1,116.00 1.27 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards, and any incidentals Quantity:1 UOM:MO Unit Price:$11,250.00 Total:$11,250.00 1.28 Mobilization and Move-in, not to exceed 5-percent Quantity:1 UOM:LS Unit Price:$15,000.00 Total:$15,000.00 1.29 Furnish and Install Capital Improvement Sign Quantity:1 UOM:EA Unit Price:$558.00 Total:$558.00 2 Package Header Page 10 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 303 - Item No. 12. Section 2: Alternate Pavement Markings for Dual Left Turns at Coit and US-380 - NB, WB, EB Quantity:1 Total:$22,789.50 Package Items 2.1 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Remove Existing Pavement Markings and Markers, including Symbols, Words and all incidentals Quantity:1 UOM:LS Unit Price:$6,546.30 Total:$6,546.30 2.2 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Furnish and Install Reflective Marker (Cl B, Ty II-C-R), including surface preparation, cleaning, sealing, and all incidentals Quantity:210 UOM:EA Unit Price:$4.80 Total:$1,008.00 2.3 Alternate Item - Pavement Markings for Dual Lefts at Coit and US-380 - NB, WB, EB: Furnish and Install Reflective Pavement Marking (4-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:520 UOM:LF Unit Price:$1.26 Total:$655.20 2.4 Alternate Item - Furnish and Install Reflective Pavement Marking (4-inch)(White)(DOT)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:555 UOM:LF Unit Price:$3.60 Total:$1,998.00 2.5 Alternate Item - Furnish and Install Reflective Pavement Marking (8-inch)(White)(Solid)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:1855 UOM:LF Unit Price:$2.40 Total:$4,452.00 2.6 Alternate Item - Furnish and Install Reflective Pavement Marking (12-inch)(White)(Solid)(Type I)(Crosswalk), including surface preparation, cleaning, sealing, and all incidentals Quantity:205 UOM:LF Unit Price:$4.80 Total:$984.00 2.7 Alternate Item - Furnish and Install Reflective Pavement Marker (Arrow)(Type I), including surface preparation, cleaning, sealing, and all incidentals Quantity:6 UOM:EA Unit Price:$156.00 Total:$936.00 2.8 Alternate Item - Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards, and any incidentals Quantity:1 UOM:MO Unit Price:$6,210.00 Total:$6,210.00 3 Package Header Section 3: Prosper Trail and DNT Intersection Improvements Quantity:1 Total:$2,253,945.65 Package Items 3.1 Right-of-Way Preperation Quantity:14 UOM:STA Unit Price:$16,608.98 Total:$232,525.72 3.2 Saw, Remove, Dispose of Existing Concrete or Asphalt Paving Quantity:1647 UOM:SY Unit Price:$19.62 Total:$32,314.14 3.3 Unclassified Roadway Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals Quantity:1284 UOM:CY Unit Price:$15.94 Total:$20,466.96 3.4 Unclassified Channel Excavation including all Clearing, Hauling, and Disposal of surplus and all incidentals Quantity:3000 UOM:CY Unit Price:$28.18 Total:$84,540.00 Page 11 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 304 - Item No. 12. 3.5 Furnish, Place, and Compact Material as is Reflected in the Plans to Final Density Quantity:5622 UOM:CY Unit Price:$22.77 Total:$128,012.94 3.6 Furnish and Install 4-inch Depth of Topsoil Quantity:5458 UOM:SY Unit Price:$1.25 Total:$6,822.50 3.7 Furnish and Install Bermuda Seed, including fertilizer, for permanent vegetation Quantity:5458 UOM:SY Unit Price:$0.86 Total:$4,693.88 3.8 Provide and Distribute Water until Vegetation is Established Quantity:477 UOM:MG Unit Price:$46.80 Total:$22,323.60 3.9 Hydrated Lime for Subgrade Quantity:312 UOM:TN Unit Price:$198.90 Total:$62,056.80 3.10 Lime Treatment (EXST MATL)(8-inch) Quantity:8332 UOM:SY Unit Price:$4.95 Total:$41,243.40 3.11 Construct Hot-Mix Asphalt Pavement (D-GR HMA TY-B PG64-22) Quantity:259 UOM:TN Unit Price:$101.22 Total:$26,215.98 3.12 Construct TY II Concrete Curb Quantity:3272 UOM:LF Unit Price:$1.78 Total:$5,824.16 3.13 Construct 9-inch Reinforced Concrete Street Paving Quantity:6085 UOM:SY Unit Price:$73.24 Total:$445,665.40 3.14 Furnish and Install Trench Safety Quantity:674 UOM:LF Unit Price:$2.40 Total:$1,617.60 3.15 Furnish and Install Concrete Riprap (CL B)(RR8&RR9) Quantity:16 UOM:CY Unit Price:$462.00 Total:$7,392.00 3.16 Furnish and Install Riprap (STONE PROTECTION)(15 IN) Quantity:85 UOM:CY Unit Price:$78.00 Total:$6,630.00 3.17 Furnish, Construct, and Install Concrete Box Culvert (7 FT X 4 FT) Quantity:35 UOM:LF Unit Price:$534.00 Total:$18,690.00 3.18 Furnish, Construct, and Install Concrete Box Culvert (8 FT X 5 FT) Quantity:953 UOM:LF Unit Price:$610.80 Total:$582,092.40 3.19 Furnish and Install 18-inch Class III RCP Quantity:101 UOM:LF Unit Price:$88.80 Total:$8,968.80 3.20 Furnish and Install 48-inch Class III RCP Quantity:39 UOM:LF Unit Price:$362.40 Total:$14,133.60 3.21 Furnish and Install 54-inch Class III RCP Quantity:22 UOM:LF Unit Price:$510.00 Total:$11,220.00 3.22 Construct Type PW-1 Concrete Wingwall (11-foot Height) Quantity:1 UOM:EA Unit Price:$40,140.00 Total:$40,140.00 3.23 Construct Type PW-1 Concrete Wingwall (7-foot Height) Quantity:1 UOM:EA Unit Price:$17,160.00 Total:$17,160.00 Page 12 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 305 - Item No. 12. 3.24 Furnish, Construct, and Install Safety End Treatment (TY II) (18 IN) (RCP) (4: 1) (C) Quantity:1 UOM:EA Unit Price:$2,940.00 Total:$2,940.00 3.25 Furnish, Construct, and Install Safety End Treatment (TY II) (48 IN) (RCP) (4: 1) (C) Quantity:1 UOM:EA Unit Price:$6,816.00 Total:$6,816.00 3.26 Construct 10-foot Recessed Curb Inlet Quantity:2 UOM:EA Unit Price:$5,982.00 Total:$11,964.00 3.27 Remove and Properly Dispose of All Extraneous Material from Existing Culvert Quantity:1100 UOM:CY Unit Price:$38.40 Total:$42,240.00 3.28 Remove and Dispose of Existing Inlet Structure Quantity:1 UOM:EA Unit Price:$1,980.00 Total:$1,980.00 3.29 Remove and Dispose of Existing Safety End Treatment Quantity:1 UOM:EA Unit Price:$540.00 Total:$540.00 3.30 Remove and Dispose of Existing Wingwall Structure Quantity:1 UOM:EA Unit Price:$2,940.00 Total:$2,940.00 3.31 Remove and Dispose of Existing Headwall Structure Quantity:2 UOM:EA Unit Price:$6,168.00 Total:$12,336.00 3.32 Remove and Dispose of Existing Pipe Quantity:44 UOM:LF Unit Price:$18.00 Total:$792.00 3.33 Mobilization and Move-in, not to exceed 5-percent Quantity:1 UOM:LS Unit Price:$57,024.00 Total:$57,024.00 3.34 Furnish, Install, Maintain, and Remove all Traffic Control Devices, including any temporary arrow and/or message boards Quantity:9 UOM:MO Unit Price:$4,060.00 Total:$36,540.00 3.35 Furnish, Install, and Maintain TY 1 Rock Filter Dam Quantity:66 UOM:LF Unit Price:$24.00 Total:$1,584.00 3.36 Furnish, Install, and Maintain TY 2 Rock Filter Dam Quantity:280 UOM:LF Unit Price:$26.40 Total:$7,392.00 3.37 Remove Rock Filter Dams Quantity:346 UOM:LF Unit Price:$20.40 Total:$7,058.40 3.38 Furnish, Install, and Maintain temporary Construction Exit (TY 1) Quantity:666 UOM:SY Unit Price:$17.17 Total:$11,435.22 3.39 Remove Temporary Construction Exit Quantity:666 UOM:SY Unit Price:$10.80 Total:$7,192.80 3.40 Furnish, Install, and Maintain Temporary Sedimentation Control Fence Quantity:1902 UOM:LF Unit Price:$1.62 Total:$3,081.24 3.41 Remove Temporary Sedimentation Control Fence Quantity:1902 UOM:LF Unit Price:$0.60 Total:$1,141.20 3.42 Furnish and Install Metal W-Beam Guard Fence (STEEL POST) Quantity:87 UOM:LF Unit Price:$42.00 Total:$3,654.00 Page 13 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 306 - Item No. 12. 3.43 Furnish and Install Short Radius Quantity:23 UOM:LF Unit Price:$57.60 Total:$1,324.80 3.44 Furnish and Install Downstream Anchor Terminal Quantity:1 UOM:EA Unit Price:$2,100.00 Total:$2,100.00 3.45 Remove and Dispose of Existing Metal Beam Guard Fence Quantity:306 UOM:LF Unit Price:$12.00 Total:$3,672.00 3.46 Furnish and Install Small Roadside Sign Assemblies TY10BWG(1)SA(P) Quantity:1 UOM:EA Unit Price:$750.00 Total:$750.00 3.47 Furnish and Install Small Roadside Sign Assemblies TY10BWG(1)SA(T) Quantity:2 UOM:EA Unit Price:$834.00 Total:$1,668.00 3.48 Furnish and Install Small Roadside Sign Assemblies TYTWT(1)UA(P) Quantity:10 UOM:EA Unit Price:$750.00 Total:$7,500.00 3.49 Relocate Small Roadside Sign Assemblies TY 10BWG Quantity:2 UOM:EA Unit Price:$474.00 Total:$948.00 3.50 Relocate Small Roadside Sign Assemblies TY TWT Quantity:3 UOM:EA Unit Price:$474.00 Total:$1,422.00 3.51 Remove Small Roadside Sign Assemblies Quantity:8 UOM:EA Unit Price:$180.00 Total:$1,440.00 3.52 Remove Work Zone Pavement Markings (W)4-inch(SLD) Quantity:1593 UOM:LF Unit Price:$1.20 Total:$1,911.60 3.53 Remove Work Zone Pavement Markings (Y)4-inch(SLD) Quantity:2573 UOM:LF Unit Price:$1.20 Total:$3,087.60 3.54 Remove Work Zone Pavement Markings (W)8-inch(DOT) Quantity:291 UOM:LF Unit Price:$2.40 Total:$698.40 3.55 Remove Work Zone Pavement Markings (W)8-inch(SLD) Quantity:1439 UOM:LF Unit Price:$2.49 Total:$3,583.11 3.56 Remove Work Zone Pavement Markings (W)24"(SLD) Quantity:320 UOM:LF Unit Price:$7.20 Total:$2,304.00 3.57 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(BRK)(100MIL) Quantity:346 UOM:LF Unit Price:$1.14 Total:$394.44 3.58 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(DOT)(100MIL) Quantity:66 UOM:LF Unit Price:$3.54 Total:$233.64 3.59 Furnish and Install Reflective Pavement Marking TY I (W)4-inch(SLD)(100MIL) Quantity:1731 UOM:LF Unit Price:$1.14 Total:$1,973.34 3.60 Furnish and Install Reflective Pavement Marking TY I (W)8-inch(DOT)(100MIL) Quantity:81 UOM:LF Unit Price:$2.16 Total:$174.96 3.61 Furnish and Install Reflective Pavement Marking TY I (W)8-inch(SLD)(100MIL) Quantity:1439 UOM:LF Unit Price:$2.16 Total:$3,108.24 Page 14 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 307 - Item No. 12. 3.62 Furnish and Install Reflective Pavement Marking TY I (W)12-inch(SLD)(100MIL) Quantity:624 UOM:LF Unit Price:$4.68 Total:$2,920.32 3.63 Furnish and Install Reflective Pavement Marking TY I (W)24-inch(SLD)(100MIL) Quantity:320 UOM:LF Unit Price:$7.08 Total:$2,265.60 3.64 Furnish and Install Reflective Pavement Marking TY I (W)(ARROW)(100MIL) Quantity:26 UOM:EA Unit Price:$132.00 Total:$3,432.00 3.65 Furnish and Install Reflective Pavement Marking TY I (W)(WORD)(100MIL) Quantity:11 UOM:EA Unit Price:$132.00 Total:$1,452.00 3.66 Furnish and Install Reflective Pavement Marking TY I (Y)4-inch(SLD)(100MIL) Quantity:2379 UOM:LF Unit Price:$1.14 Total:$2,712.06 3.67 Furnish and Install Reflective Pavement Marking TY I (Y)12-inch(SLD)(100MIL) Quantity:276 UOM:LF Unit Price:$4.68 Total:$1,291.68 3.68 Furnish and Install Pavement Sealer for 4-inch TY I Markings Quantity:4522 UOM:LF Unit Price:$0.06 Total:$271.32 3.69 Furnish and Install Pavement Sealer for 8-inch TY I Markings Quantity:1519 UOM:LF Unit Price:$0.06 Total:$91.14 3.70 Furnish and Install Pavement Sealer for 12-inch TY I Markings Quantity:899 UOM:LF Unit Price:$0.06 Total:$53.94 3.71 Furnish and Install Pavement Sealer for 24-inch TY I Markings Quantity:320 UOM:LF Unit Price:$0.06 Total:$19.20 3.72 Furnish and Install Pavement Sealer for TY I Arrow Markings Quantity:26 UOM:EA Unit Price:$12.00 Total:$312.00 3.73 Furnish and Install Pavement Sealer for TY I Word Markings Quantity:11 UOM:EA Unit Price:$12.00 Total:$132.00 3.74 Furnish and Install Reflective Pavement Marking TY I-C Quantity:107 UOM:EA Unit Price:$4.80 Total:$513.60 3.75 Furnish and Install Reflective Pavement Marking TY II-A-A Quantity:81 UOM:EA Unit Price:$4.80 Total:$388.80 3.76 Furnish and Install Reflective Pavement Marking TY II-C-R Quantity:106 UOM:EA Unit Price:$4.80 Total:$508.80 3.77 Eliminate Existing Pavement Markings and Markers (4-inch) Quantity:2924 UOM:LF Unit Price:$1.08 Total:$3,157.92 3.78 Eliminate Existing Pavement Markings and Markers (8-inch) Quantity:804 UOM:LF Unit Price:$2.10 Total:$1,688.40 3.79 Eliminate Existing Pavement Markings and Markers (12-inch) Quantity:310 UOM:LF Unit Price:$3.00 Total:$930.00 3.80 Eliminate Existing Pavement Markings and Markers (24-inch) Quantity:212 UOM:LF Unit Price:$4.20 Total:$890.40 Page 15 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 308 - Item No. 12. 3.81 Eliminate Existing Pavement Markings and Markers (ARROW) Quantity:13 UOM:EA Unit Price:$108.00 Total:$1,404.00 3.82 Eliminate Existing Pavement Markings and Markers (DBL ARROW) Quantity:3 UOM:EA Unit Price:$144.00 Total:$432.00 3.83 Eliminate Existing Pavement Markings and Markers (WORD) Quantity:7 UOM:EA Unit Price:$108.00 Total:$756.00 3.84 Pavement Surface Preparation for Markings (4-inch) Quantity:4522 UOM:LF Unit Price:$0.06 Total:$271.32 3.85 Pavement Surface Preparation for Markings (8-inch) Quantity:1519 UOM:LF Unit Price:$0.06 Total:$91.14 3.86 Pavement Surface Preparation for Markings (12-inch) Quantity:899 UOM:LF Unit Price:$0.06 Total:$53.94 3.87 Pavement Surface Preparation for Markings (24-inch) Quantity:320 UOM:LF Unit Price:$0.06 Total:$19.20 3.88 Pavement Surface Preparation for Markings (ARROW) Quantity:26 UOM:EA Unit Price:$12.00 Total:$312.00 3.89 Pavement Surface Preparation for Markings (WORD) Quantity:11 UOM:EA Unit Price:$12.00 Total:$132.00 3.90 Furnish and Install Anchored Dead End Roaway Barricade Quantity:32 UOM:LF Unit Price:$84.00 Total:$2,688.00 3.91 Excavate, Remove, and Relocate Existing Fire Hydrant Quantity:2 UOM:EA Unit Price:$4,620.00 Total:$9,240.00 3.92 Adjust Existing Water Valve Stack and Cover to finish grade Quantity:8 UOM:EA Unit Price:$390.00 Total:$3,120.00 3.93 Remove and Relocate Existing Water Meter and Box Quantity:1 UOM:EA Unit Price:$2,652.00 Total:$2,652.00 3.94 Furnish and Install 30x48x36-inch H10 Fiber Optic Vault Quantity:6 UOM:EA Unit Price:$5,760.00 Total:$34,560.00 3.95 Furnish and Install 6-inch Schedule 40PVC with Indicated Interducts Quantity:1200 UOM:LF Unit Price:$81.24 Total:$97,488.00 4 Package Header Time Bid Quantity:1 Total:$255,000.00 Package Attributes 1.Time Bid with Alternate Items (Bid Line Items Sections 1-3): Total Calendar Days to achieve final completion of all construction as outlined in this bid. 270 Page 16 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 309 - Item No. 12. 2.Time Bid without Alternate Items (Bid Line Items Sections 1 and 3 only): Total Calendar Days to achieve final completion of all construction as outlined in this bid. 240 Package Items 4.1 Value of Time Bid with Alternate Items (Bid Line Items Sections 1-3): Total number of Calendar Days multiplied by the corresponding Value of a Calendar Day (reference Section SC.04 of the Contract Documents and Specifications for table). Enter as a lump sum total. Quantity:1 UOM:LS Unit Price:$135,000.00 Total:$135,000.00 4.2 Value of Time Bid without Alternate Items (Bid Line Items Sections 1 and 3 only): Total number of Calendar Days multiplied by the corresponding Value of a Calendar Day (reference Section SC.04 of the Contract Documents and Specifications for table). Enter as a lump sum total. Quantity:1 UOM:LS Unit Price:$120,000.00 Total:$120,000.00 Response Total: $2,646,185.61 Page 17 of 17 pages Vendor: Reliable Paving, Inc 2020-40-B Addendum 4 Attachment 4 - Page 310 - Item No. 12. Attachment 4 - Page 311 - Item No. 12. Attachment 4 - Page 312 - Item No. 12. Attachment 4 - Page 313 - Item No. 12. Page 1 of 2 To: Mayor and Town Council From: Betty Pamplin, Finance Director Through: Harlan Jefferson, Town Manager Re: Tow n Council Meeting – April 28, 2020 Agenda Item: Consider and act upon an ordinance amending Ordinance No. 19-65 (FY 2019-2020 Budget) and Capital Improvement Plan. (BP) Description of Agenda Item: The proposed ordinance is amending the following balance for the FY 2019-2020 Budget and Capital Improvement Plan. Fishtrap and Teel Parkway Traffic Signal (1928-TR) The Fishtrap Road and Teel Parkway Traffic Signal project is planned to complete the improvements along Fishtrap Road from Teel Parkway to Rushing Middle School, scheduled to open this Fall. At the December 10, 2019, Town Council meeting, the Town Council authorized the pre-purchase of the traffic signal equipment from the Houston-Galveston Area Council Cooperative Purchasing Program, in the amount of $109,377.10. On March 20, 2020, three (3) proposals were received for the installation of the traffic signal with the proposals ranging between $281,019.18 and $338,748.00, and included IT Fiber Conduit under all four sides of the intersection, which costs ranged between $50,660 and $61,375. The total for the project including the pre-purchase items ($109,377.10) and construction of the traffic signal with the IT Fiber Conduit is between $390,396.28 and $448,125.10. At the April 28, 2020, Town Council meeting, staff recommended that Durable Specialties, Inc., be awarded the project in the amount of $286,225.00, without IT Fiber Conduit. With the pre-purchase items, the total construction cost is $395,602.10. If approved, the current adopted CIP program of $250,000 will need to be increased by $150,000, for a total construction budget of $400,000. Coit Road and Richland Traffic Signal (2005-TR) The traffic signal design is 30% complete and the project is anticipated to be bid in Summer 2020. Once design plans progress to 60%, staff will pre-purchase order the traffic signal equipment from the Houston-Galveston Area Council Cooperative Purchasing Program. Based on the recent cost proposals received on the Fishtrap Road and Teel Parkway Traffic Signal project, staff is requesting that the current adopted CIP program of $250,000 be increased by $160,000, for a Prosper is a place where everyone matters. FINANCE DEPARTMENT - Page 314 - Item No. 13. Page 2 of 2 total construction budget of $410,000. The additional $10,000 from what is being requested above for the Fishtrap Road and Teel Parkway Traffic Signal project is for reconstruction of barrier-free ramps at the intersection of Coit Road and Richland to comply with current ADA guidelines. The barrier-free ramps at the intersection of Fishtrap Road and Teel Parkway were constructed as part of the Fishtrap Road and Teel Parkway Intersection Improvements project, which was separate from the traffic signal project. Budget Impact: The West Thoroughfare Fund expenditures will increase by $150,000 and the East Thoroughfare Fund expenditures will increase by $160,000 FY 2019-2020. 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. CIP Amendment Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 19-65 (FY 2019-2020 Budget) and Capital Improvement Plan to provide funding increased expenditures for capital projects from appropriated funds. Proposed Motion: I move to approve amending Ordinance No. 19-65 (FY 2019-2020 Budget) and Capital Improvement Plan to provide funding increased expenditures for capital projects from appropriated funds. - Page 315 - Item No. 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 19-65 (FY 2019-2020 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED EXPENDITURES OF $150,000 IN THE WEST THOROUGHFARE FUND BUDGET; AND INCREASED EXPENDITURES OF $160,000 IN THE EAST THOROUGHFARE 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. 19-65 (FY 2019-2020 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. 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. 19-65 (FY 2019-2020 Budget). Ordinance No. 19-65 (FY 2019-2020 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. - Page 316 - Item No. 13. Ordinance No. 2020-__, Page 2 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 28TH DAY OF APRIL, 2020. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Melissa Lee, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney - Page 317 - Item No. 13. West Thoroughfare Fund Original Budget Current Budget Amended Budget Increase (Decrease) Total Revenues: $ 2,640,980 $ 2,640,980 $ 2,640,980 $ - Total $ 2,640,980 $ 2,640,980 $ 2,640,980 $ - Expenditures: Developer Agreements 2,500,000$ 2,500,000$ 2,500,000$ -$ Capital 700,000 1,267,822 1,417,822 150,000$ Transfers - 100,000 100,000 -$ Total 3,200,000$ 3,867,822$ 4,017,822$ 150,000$ East Thoroughfare Fund Original Budget Current Budget Amended Budget Increase (Decrease) Total Revenues: $ 1,157,438 $ 1,157,438 $ 1,157,438 $ - Total $ 1,157,438 $ 1,157,438 $ 1,157,438 $ - Expenditures: Developer Reimbursements 300,000$ 300,000$ 300,000$ -$ Capital 654,168 1,131,025 1,291,025 160,000$ Transfers - 69,168 69,168 -$ Total 954,168$ 1,500,193$ 1,660,193$ 160,000$ Total Revenue -$ Total Expenditures 310,000$ Net Effect All Funds (310,000)$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2019-2020 April 28, 2020 Ordinance No. 20-XX Page 3 - Page 318 - Item No. 13. Funding SourcesTotal Other Issued Debt Unissued Debt Unissued Debt Reimbursement IssuedPrior Years 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029 Cost Sources Authorized Authorized Unauthorized Resolution 2018-20192019-2020 2020-2021 2021-2022 2022-2023 2023-2024 2024-2029141928-TRTraffic Signal - Fishtrap & Teel Parkway: (Construction) 250,000250,000250,000A14192005-TRTraffic Signal - Coit Rd & Richland: (Construction) 250,000250,000250,000A19141928-TRTraffic Signal - Fishtrap & Teel Parkway: (Construction) 400,000400,000400,000A14192005-TRTraffic Signal - Coit Rd & Richland: (Construction) 410,000410,000410,000A19LEGEND2019-2020 Adopted CIPA Impact FeesCIP AmendmentB Grant and Interlocal FundsC Developer AgreementsD General FundE Water / Wastewater FundF Stormwater Drainage FundG Park Development FundH TIRZ #1J TIRZ #2K EscrowsX Non-Cash ContributionsZ Other Sources (See Detail)01Summary of Capital Improvement Amendment - 04/28/2020General Fund ProjectsDescription Codes - Other SourcesIndexUnissued Debt ScheduleTraffic ProjectsIndex - Page 319 -Item No. 13. Page 1 of 1 To: Mayor and Town Council From: Dan Heischman, P.E., Assistant Director of Engineering Services – Development Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 28, 2020 Agenda Item: Consider and act upon a request to waive the Town’s Drainage System Design Requirements for a wet or underground detention pond for the detention pond on the Rhea Mill’s Baptist Church Tract with new expansion. Description of Agenda Item: The Drainage System Design Requirements adopted in 2017 requires wet or underground detention to satisfy detention requirements where applicable. Section 6.09.F. allows a process to request a waiver from the Town Council to allow a dry detention pond. Rhea Mill’s Baptist Church is planning an expansion to their existing building and other site improvements which requires the need to meet the Town’s detention criteria. The church has expressed concerns that a wet pond will create safety concerns with children present in the near vicinity as well as prohibit the area from being used for outside activities, and therefore is requesting a waiver to allow a dry pond. Attached Documents: 1. Rhea Mills Church Detention Letter Request 2. Site Plan – Rhea Mills Church (approval pending) Town Staff Recommendation: Town staff does not believe there are any physical constraints or hydraulic limitations, but can see how a wet pond next to a church where children are present can propose a safety concern. Town staff does not object to providing a dry pond at this location. Proposed Motion: I move to (approve / deny) the request to allow a dry detention pond to serve the Rhea Baptist Church development expansion. Prosper is a place where everyone matters. ENGINEERING SERVICES - Page 320 - Item No. 14.    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Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Robyn Battle, Executive Director of Community Services Re: Town Council Meeting - April 20, 2020 Agenda Item: Consider and Act upon on approving the Preferred Downtown Scenario and the Town Hall Open Space Master Plan. Description of Agenda Item: At the September 24, 2019, Town Council meeting, Council gave direction to Town staff regarding the two different scenarios presented by Kimley-Horn. Council liked elements from both scenarios. When asked about the open space south of Town Hall, Council generally liked scenario 1. Furthermore, Council asked the consultants to:  emphasize the importance of providing adequate parking in downtown;  ensure adequate connectivity and plan compatibility with the Blue Star Development south of First Street;  conduct a public process to identify appropriate active and passive uses for the open space in downtown to make sure the downtown plan meets the desires of the residents. Staff also presented the two scenarios to the Prosper Economic Development Corporation Board on October 17, 2019, for review and feedback. The Board expressed they were in favor of the ideas presented and would support Council’s final decision. The Downtown Open Space Public Input Meeting was held January 8, 2020. The meeting had 35 citizens in attendance and staff received input on the two scenarios. The consultants and staff spoke to those in attendance and answered questions. Kimley-Horn provided image boards for attendees to note their preferences between images of concepts and also provided boards for writing preferences and suggestions. Prosper is a place where everyone matters. PARKS AND RECREATION - Page 324 - Item No. 15. Page 2 of 2 Based on the input, a preferred scenario has been developed. Accompanying this scenario is a programming level master plan and cost estimate for the open space area south of Town Hall. The program and cost estimate are at a very high level; more detailed work will need to be performed as that portion of the project moves forward. In addition, a general phasing plan was developed for guidance. As always, the phasing will be dependent on the private sector and the existing property owner’s desires to move forward. Attached Documents: 1. Prosper Old Town Open Space Town Council Briefing Presentation. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon approving the Preferred Downtown Scenario and the Town Hall Open Space Master Plan. Proposed Motion: I move to approve the Preferred Downtown Scenario and the Town Hall Open Space Master Plan. - Page 325 - Item No. 15. Town Council Briefing –April 28, 2020 PROSPER TOWN HALL OPEN SPACE ENHANCEMENTS- Page 326 - Item No. 15. 2 Meeting Overview •Overview-9/24/19 Council Briefing and Direction •Community Meeting Overview and Feedback •Preferred Downtown Open Space Scenario •Questions - Page 327 - Item No. 15. Overview –9/24/19 Council Briefing and Direction - Page 328 - Item No. 15. 4 Existing Old Town Improvements •Enhanced pedestrian areas along Main Street and Broadway have significantly improved the corridor, creating a much stronger sense of place •Street trees and wider sidewalks make the area safer and more inviting for pedestrians •Prosper’s new Town Hall is a centerpiece of Old Town, hosting major community events such as Prosper Downtown Live - Page 329 - Item No. 15. 5 Existing Aerial - Page 330 - Item No. 15. 6 Existing Old Town Improvements - Page 331 - Item No. 15. 7 Scenario 1 •New connections between Broadway and Fifth street will enhance walkability and accessibility from surrounding neighborhoods •Streetscape improvements will allow Broadway to be used as a festival street for special events •Improvements to the alleyway north of Town Hall can be leveraged to spark development on adjacent parcels •Town owned parcels along main street can be used for a new pocket park to promote development on adjacent parcels •Open Space south of Town Hall will serve as a Town Green for community events •Parcels adjacent to the Green can be developed as restaurant pads •Street enhancements to Crocket and Main St. will connect the Green and the rest of Old Town to the Gates of Prosper development to the south - Page 332 - Item No. 15. 8 Scenario 1 - Page 333 - Item No. 15. Scenario 2 - Page 334 - Item No. 15. 10 Scenario 2 •New connections between Broadway and Fifth street will enhance walkability and accessibility from surrounding neighborhoods •Streetscape improvements will allow Broadway and Main St. to be used as a festival street for special events •A new parking deck adjacent to the existing lot will allow a portion of the existing parking to become a Town Green, supporting the festival street concept along Main St •Alleyway improvements will enhance connectivity between the new Town Green, Broadway, and surrounding neighborhoods. •The open space south of Prosper’s Town Hall will initially become a playground, which can be converted to parking at a later date to offset parking that is lost to the North when the Town Green is developed - Page 335 - Item No. 15. 11 Scenario 2 - Page 336 - Item No. 15. Overview –9/24/19 Council Briefing and Direction •Suggested that the large green space north of Town Hall in Scenario 2 be centered with Town Hall with a focal point •Suggested that Main St and Crocket St be included as future festival streets •Asked how the silos and open space west of Town Hall could be incorporated into either scenario •Stated that parking is not preferred in front of Town Hall •Liked the pictures that are being used •As specific programs are developed, would like to see interactive family oriented activities •Recommend for EDC to be briefed as well and briefing occurred on October 17th •Would like to see the community engaged to receive feedback on their needs and desires that could be further developed in a programing phase - Page 337 - Item No. 15. Community Meeting Overview and Feedback 13 - Page 338 - Item No. 15. Community Meeting Overview •January 8, 2020 •Held at Town Hall •Presentation and input stations •Asked for feedback on alternative scenarios, desired programming elements, preferred activities and amenities for Old Town, and input for the Town Hall Open Space •Approximately 35 participants - Page 339 - Item No. 15. 15 Scenario 1 - Page 340 - Item No. 15. 16 Scenario 2 - Page 341 - Item No. 15. 17 Community Meeting Feedback •Liked the idea of retail activation and streetscape enhancements to improve pedestrian experience •Supported flexible green spaces that could be adapted for community events •Interest in activating Old Town through events such as concerts, farmers markets, plays, and culinary fairs •In favor of retail activation around the Town Hall Open Space - Page 342 - Item No. 15. Preferred Downtown Open Space Scenario 18 - Page 343 - Item No. 15. 19 Existing Aerial - Page 344 - Item No. 15. Preferred Downtown Open Space Scenario - Page 345 - Item No. 15. 21 Preferred Downtown Open Space Scenario -Programming - Page 346 - Item No. 15. 22 Preferred Downtown Open Space Scenario •Combines feedback received from Town Staff, Town Council, EDC and Community •Incorporates potential green alley connections and Town Hall open space flanked by restaurants of scenario 1 •Provides additional open space opportunities and potential structured parking from theme 2 •Silos have been incorporated as a Potential Future Development Opportunity •Additional streetscape enhancements and building on existing festival street improvements have been included - Page 347 - Item No. 15. 23 Town Hall Great Lawn Park-Conceptual Plan - Page 348 - Item No. 15. 24 Town Hall Great Lawn–Conceptual Level Cost - Page 349 - Item No. 15. 25 Town Hall Great Lawn–Conceptual Level Cost - Page 350 - Item No. 15. Town Hall Great Lawn –Phasing Plan •Phase 1 •Establish alley connections leading to Town hall (Items 2 and 4) along with additional streetscape enhancements on North Crockett Street (Item 1) •Phase 2 •Develop opportunity sites along enhanced Broadway and Main Street •Phase 3A •Construct parking structure off of Crockett Street (Item 12) •Phase 3B •Develop primary event space along Main Street (Item 9) •Adjust remaining surface parking to also be used as flexible event space (Item 11) •Establish future festival street along Main Street along with additional streetscape enhancements (Items 1 and 10) •Phase 4 •Develop Town Hall Great Lawn and supporting restaurants (Items 6 ,7, and 8) and adjacent development site •Phase 5 •Construct additional parking garage at Third Street and N Coleman Street if additional parking is needed 26 - Page 351 - Item No. 15. Questions 27 - Page 352 - Item No. 15. Town Council Briefing –April 28, 2020 PROSPER TOWN HALL OPEN SPACE ENHANCEMENTS- Page 353 - Item No. 15.