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05-26-2009 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda May 26, 2009 - 7:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: 11'11_1i'.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2009 and ending May 2010. May 26,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the May 12, 2009 Regular Meeting and the May 20, 2009 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-15(R) authorizing the Wylie Wastewater Treatment Plant (WWTP) be taken out of service. (C. Holsted, City Engineer) C. Consider, and act upon, Resolution No. 2009-16(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for an easement for the construction of the Twin Lakes Outfall Sewer Line. (C. Holsted, City Engineer) D. Consider, and act upon, a Final Plat for Wylie EDC Addition, Block 1, Lot 1, creating a commercial lot on 1.433 acres and abandoning an ingress & egress easement. The property is generally located south of F.M. 544 and 310 feet east of Regency Drive. (R. 011ie, Planning Director) E. Consider, and act upon, a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by (1) one acre along the southwest portion of the property and establishing new boundaries for the property. The property is generally located south of F.M. 544 and 510 feet east of Regency Drive. (R. 011ie, Planning Director) F. Consider, and act upon, a Replat for Wylie Christian Care Center Addition. Subject property located (700 S. Ballard Street) on the west side of S. Ballard Avenue and approximately 430 feet south of College Street. (R. 011ie, Planning Director) G. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of April 30, 2009. (M. Beard, Interim Finance Director) REGULAR AGENDA Public Hearings Tabled from April 28, 2009 1. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider, and act upon, amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and May 26,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 Article 5 as it relates to allowed Uses. Generally bounded by Stone Road on the south, Butler Street on the north. ZC2009-01 (R. 011ie, Planning Director) Executive Summary The purpose of this revision is to create the boundaries and design standards of the South Ballard Overlay (SBO) District and to establish the allowable uses. This Overlay allows the City to create, in the South Ballard area, a place that will be economically and geographically viable while also retaining the rich history,community values,and citizen friendly atmosphere that embodies Wylie. 2. Hold a Public Hearing, consider and act upon, amending the zoning from Agricultural (AG-30) District to Single-Family (SF-10/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west of Southbrook Subdivision Phase II. ZC 2009-02 (R. 011ie, Planning Director) Executive Summary The proposed amendment is to place permanent zoning of SF-10/24 on the subject property, with the design regulations adhering to the approved Developer's Agreement.The subject tract was annexed into the city on March 31, 2009 and was the subject of a Developer's Agreement approved October 28, 2008. The Developer's Agreement set forth the specific design requirements for the 7 acre tract. A preliminary plat was attached as Exhibit A that created 23 single family lots. General Business 3. Consider, and act upon, the appointment of a 2009 Board and Commissions City Council Interview Panel to conduct the June 2009 board applicant interviews. (C. Ehrlich, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 315` of each calendar year. Additionally, in June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. 4. Consider, and act upon, award of a contract to L H Lacy Company, in the amount of $9,236,980.12, for the reconstruction of FM 1378 from Brown Street to Parker Road. (C. Hoisted, City Engineer) Executive Summary The FM 1378 paving project includes reconstructing approximately 11,450 linear feet of the roadway from Brown Street to Parker Road to a 6-lane concrete paving section with an underground storm drainage system. On April 17, 2009, the City opened eight bids with the low bid being submitted by L H Lacy Company. The project includes approximately 104,100 square yards of 8-inch concrete pavement, 104,400 square feet of concrete sidewalk, and 14,000 linear feet of water line relocation. The water line replacement includes the installation of 20-inch, 18-inch, 16-inch, and 12-inch water line from Brown Street to the Newport Harbor subdivision. May 26,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 22"dday of May, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 12, 2009 - 7:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:05 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Interim Finance Director, Melissa Beard; WEDC Executive Director, Sam Satterwhite; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Goss gave the invocation and Girl Scout Troop 2135 led the Pledge of Allegiance. Those present were: Den Leader, Caroline Fagan; Assist. Den Leader, Veronica Johns and scouts: Jazzlyn Birk-Cockburn, Delaney Johns, Caitlyn Fagan, Sonni Gehring, Heather Howard and Libby McCune. Prior to the Pledge of Allegiance led by Troop 2135, Councilman Young gave an explanation of the pledge and recited it to those present. PRESENTATION • Presentation in Honor of Outgoing Council Member Merrill Young Mayor Hogue and the Wylie City Council presented outgoing Wylie City Council Member Merrill Young with the United States Flag. The flag was flown over the Texas Capitol in honor of Mr. Young and the years he served as council member for the City of Wylie. Councilman Young's Minutes—May 12, 2009 Wylie City Council Page 1 wife Toni and daughter Nicole joined him for the presentation. Councilman Young served on the Wylie City Council from May 1998 through May 2009. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the April 28, 2009 Regular Meeting and the May 5, 2009 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement, in an amount not to exceed $54,175.39, between the City of Wylie and the U. S. Army Corps of Engineers for the provision of additional Law Enforcement Services at Lake Lavon for the term of May 23,2009 through September 7,2009. (J. Duscio, Police Chief) C. Consider, and act upon, conditional approval of a Replat for Moss Addition. Subject property being generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Pkwy. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. PRESENTATION • Presentation of the Final Design for Fire Station #3 created by Montage 48/61 and recommended by Fire Station #3 Selection Panel and the Public Arts Advisory Board. (C. Ehrlich, Staff Liaison/Larry Enge & Charlotte Lindsey, Artists) Public Arts Advisory Board Liaison Ehrlich addressed Council stating that The Wylie City Council approved the selection of Montage 48/61 as the artists to complete a design for the Fire Station Public Art Project. Larry Enge and Charlotte Lindsey met with Fire Chief Randy Corbin and other members of the Fire Department to collaborate on a design to be created for this art space. She explained that in the course of collaboration, different designs were reviewed to accomplish the best base design to enhance both the art space and the mosaics. The artists and committee Minutes—May 12, 2009 Wylie City Council Page 2 members also discussed the best way to display the art both from a vehicular view and pedestrian view. Ehrlich reported that the artists were asked to create a wall to see if a wall placed in the center of the art space would best enhance the art. The artists were given direction to design the wall to be 4 feet in height and 14 feet in length with 28" footer underneath and above the art planter, to give additional height for viewing. She reported that to achieve this design, the base construction would be an additional $2,900; noting that funding was set aside in the Fire Station #3 construction costs to complete the art space (planter) and will cover this additional cost. All other funding for this project will be derived from the Public Art fund, with a percentage of funding left in this account for future maintenance of the art. Ehrlich reported that Larry Enge and Charlotte Lindsey were here to present the final design for Fire Station #3. The final design has been reviewed and recommended by staff, the Public Arts Advisory Board and the Fire Station Art Selection Committee. She reported that Fire Chief Corbin and Art Consultant Sharon Leeber were also present to answer questions. Artists Presentation Charlotte Lindsey and Larry Enge gave a short presentation showing the photos that were selected during collaboration for the design of the mosaics. Ms. Lindsey reported that the photos would be taken through a lengthy process to transform them into photos that would translate to the mosaics. She showed examples of other art projects and the original photos compared to the transitioned photos that were actually used to create the mosaic. Larry Enge presented a completed mosaic that had been taken from photo to the finished mosaic. The artists thanked the Wylie City Council for the opportunity to collaborate with the Fire Department and learn the amazing history of the Wylie Volunteer/Fire Department, including the many strides the department had made over the past century. REGULAR AGENDA General Business 1. Consider, and act upon, final approval of the art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of $30,400, to commission the art piece for the Fire Station #3 Public Art Project. (C. Ehrlich, Staff Liaison) Executive Summary PAAB Liaison Ehrlich reported that the artists have presented the final design for the Public Art Project for Fire Station #3. The final design and contract to commission the art were attached to the agenda item, with the total funding, including base construction costs for consideration. The City Attorney has reviewed and approved the contract as to form. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the final art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of $30,400 to commission the art piece for the Fire Station #3 Public Art Project. A vote was taken and the motion passed 7-0. Minutes—May 12, 2009 Wylie City Council Page 3 2. Consider, and act upon, Ordinance No. 2009-15 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article 1 (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities, and Vehicles) of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other non-substantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof. (R. Diaz, Assistant Superintendent,Parks and Recreation) Staff Comments Parks and Recreation Assistant Superintendent Robert Diaz addressed Council explaining that the Parks and Recreation Board have been discussing a possible non-smoking ordinance in park areas since the fall of 2008. Staff brought this issue to the attention of the Board due to receiving complaints from spectators viewing various sporting events at Founders and Community Parks and other spectators smoking in close proximity. The Board directed staff to find out what other cities in the Metroplex were doing regarding non-smoking ordinances in park/spectator areas and to bring forth some examples of non-smoking ordinances. The Board also directed staff to gather input from the local sports organizations seeking input on a proposed non-smoking ordinance. Mr. Diaz explained that the majority of the sports league officials agreed that an ordinance that moved smoking to non-spectator areas was needed. Some of the leagues currently address where smoking can be done in their own policies but they are difficult to enforce since they are not law. The Board discussed various options and drafts of a proposed non-smoking ordinance from the fall of 2008 to the spring of 2009. They focused on not eliminating smoking in parks, just keeping it in areas that would not affect surrounding spectators. The Board felt that parking lots were the best place for allowing smoking and directed staff to draft an ordinance that reflects that philosophy. Mr. Diaz reported that the Parks Board had reviewed the proposed ordinance and is recommending it for council approval. He reported that the City Attorney's office had also reviewed the ordinance as to form. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-15 amending Chapter 74, Article 1, Section 74-2 of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other non-substantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-15 into the official record. WORK SESSION • Public Arts Advisory Board presentation of the proposed "Wylie Arts Festival" for direction from council. Public Arts Advisory Board liaison Ehrlich addressed Council stating that the Public Art Advisory Board has been discussing ways in which they could promote the arts in Wylie. Some of the Minutes—May 12, 2009 Wylie City Council Page 4 items discussed included art events that would draw residents and non residents to Wylie and at the same time draw awareness to the ARTS. Ms. Ehrlich reported that the event would include the following elements: Fine Art and Homemade Craft vendors, festive food vendors, all day entertainment by local school choirs, performing arts and other organizations such as dance studios. The event would also include festive food demonstrations. The event would culminate with the annual Wylie Christmas Tree Lighting and the arrival of Santa Claus. She explained that the event would be held the first Saturday of each year which would move the tree lighting up one week and allow the tree to be enjoyed by citizens longer. Board liaison Ehrlich reported that each board member was chairing a committee to insure continuity for the event. The committees consisted of the vendors committee, festive food and demonstrations, entertainment committee, sponsorships, volunteer committee, infrastructure committee and the logo/branding committee. She reported that the logo committee had already completed the naming and logo for the event and presented that to council members. Financials were shown for expenses as well as revenues to include booth rental fees and sponsorships. She reported that in the first year of the event goals may not be completely met but would build as the event became known. Ms. Ehrlich asked for direction from council to allow the Public Arts Advisory Board members to move forward with the planning for the event. Direction from City Council was to move forward with the event. Mayor Hogue reconvened into Regular Session at 7:50 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Executive Session at 8:00 p.m. reading the exception below into the official record. No executive session was required for City of Wylie, Texas vs. Alpay Living Trust of October 18, 1996. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Purchase of Easement for Twin Lakes Sewer Project • Contract Agreement with Direct Development §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, and Consultation with attorney for the city regarding litigation: Minutes—May 12, 2009 Wylie City Council Page 5 • Cause No. 002-3096-2008; City of Wylie, Texas vs. Alpay Living Trust of October 18, 1996 Mayor Hogue reconvened into Regular Session at 8:43 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 3. Consider, and act upon, approval of an Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims by and between the City of Wylie and Alpay Living Trust of October 18, 1996 and adoption of a Resolution authorizing the City Manager to execute the Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims. (M. Manson, City Manager) Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to approve an Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims, by and between the City of Wylie and Alpay Living Trust of October 18, 1996 and adoption of a Resolution authorizing the City Manager to execute the Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims, subject to determining the final terms of the document, not to exceed $300,000. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman Young to adjourn the meeting at 8:45 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes— May 12, 2009 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Agenda May 20, 2009 — 3:00 p.m. Wylie Municipal Complex-Council Chambers 2000 North Highway 78 Wylie, Texas CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tem M. G. "Red" Byboth called the meeting to order at 6:08 p.m. with the following City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Mayor Eric Hogue was absent. Staff present were: Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Wyllie Friends of the Library President and long time resident Jerri Smith gave the invocation and Councilmember Young led the Pledge of Allegiance. CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2009-14(R) declaring the results of the Official Canvass of the General Election of May 9, 2009. Council Action A motion was made by Councilman Young, seconded by Councilman Goss to approve Resolution No. 2009-14(R) declaring the results of the Official Canvass for the General Election of May 9, 2009 and electing Place 2, M. G. "Red" Byboth and Place 4, Bennie Jones to the Wylie City Council for three year terms. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Minutes— May 20, 2009 Special Called Meeting Canvass of May 9, 2009 General Election Wylie City Council Page 1 ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Art Maldonado Judge Art Maldonado presented M. G. "Red" Byboth and Bennie Jones the Certificates of Elected Council Members. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Art Maldonado Judge Art Maldonado administered the Oath of Office to newly elected members M. G. "Red" Byboth and Bennie Jones. Each member took their place on the Wylie City Council. Former Place 4 Councilman Young congratulated Place 4 Councilman Jones. Mayor's Message Mayor Pro Tern Red Byboth read a message from Mayor Eric Hogue explaining that Mayor Hogue, WEDC Executive Director Sam Satterwhite, and City Manager Mindy Manson were out of town on city business. A copy of the message read is below. To the City Council, the staff and the citizens, I would like to thank all of you for coming out tonight for the canvassing of the May 9th election, and to witness the oath of office of Councilman Red Byboth and our newest council member, Bennie Jones. I want to congratulate Councilman Byboth on being re-elected to his council seat, and congratulate and welcome Councilman Jones to our team. I want to also commend Gilbert Tamez for his willingness to step up and run for an elected office. Those months, weeks and days before the election is a roller coaster ride and they should all be thanked for their willingness to serve our city. Unfortunately, the City Manager, the Economic Development Director and I can not be here tonight, due to city business. We are attending the International Council of Shopping Centers Conference. We are meeting with retailers, restaurants and other commercial developments who are interested in coming to Wylie. And now the campaigning and the election is over and it's time for us to get to work on serving this great city. We were elected by our peers to represent them as we help Wylie have even a brighter future. Again, congratulations to Red and Bennie on their successful election and re-election to our city council. Eric Hogue Mayor Minutes—May 20, 2009 Special Called Meeting Canvass of May 9, 2009 General Election Wylie City Council Page 2 ADJOURNMENT Council Action With no other business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman White to adjourn the meeting at 6:14 p.m. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. A reception immediately followed the Special Called Meeting/Canvass to honor the newly elected Wylie City Council Members. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—May 20, 2009 Special Called Meeting Canvass of May 9, 2009 General Election Wylie City Council Page 3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: B (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: 05/19/09 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2009-15(R) authorizing the Wylie Wastewater Treatment Plant (WWTP)be taken out of service. Recommendation Motion to approve Resolution No. 2009-15(R) authorizing the Wylie Wastewater Treatment Plant (WWTP) be taken out of service. Discussion On April 29, 2009, staff met with representatives from the North Texas Municipal Water District (NTMWD) to discuss the Wylie wastewater treatment plant. NTMWD has evaluated the total flow from the cities of Wylie and Murphy and has determined that the Muddy Creek WWTP has sufficient rated capacity at 10 MGD to treat all flow from both cities. NTMWD recommends that the Wylie WWTP be taken out of service at this time but the plant equipment would still receive basic preventive maintenance which will allow the plant to resume service at a future date if the treatment capacity is needed. NTMWD estimates a cost savings of between $100,000 and $200,000 per year by taking the plant out of service. Approved By Initial Date Department Director CH 05/19/09 City Manager Page 1 of 1 RESOLUTION NO. 2009-15(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE WYLIE WASTEWATER TREATMENT PLANT BE TAKEN OUT OF SERVICE. WHEREAS, in 1991, the Cities of Wylie and Murphy joined together with the North Texas Municipal Water District (NTMWD) to initiate regional treatment to benefit both Cities; and WHEREAS, the Muddy Creek WWTP was put into service in 2005 which allowed flow to be transferred from the existing treatment plants located in the City of Wylie and Murphy; and WHEREAS, the Muddy Creek WWTP has sufficient rated capacity at 10 MGD to treat all flow from both Cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the letter from NTMWD dated May 8, 2009 indicating that the City of Wylie concurs with the action to take the Wylie WWTP out of service. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie this the 26th day of May, 2009. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2009-15(R) Wylie Wastewater Treatment Plant Removal from Service EXHIBIT "A" NTMWD Letter Resolution No. 2009-15(R) Wylie Wastewater Treatment Plant Removal from Service NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity May 8, 2009 Ms. ' dy Manson, City Manager City of ie 2000 N. Hi way 78 Wylie, Texas 098 Re: Recommendation to Remove the Wylie WWTP from Service Dear Ms\. N1son: The purpose of this letter is to recommend taking the Wylie Wastewater Treatment Plant ("WWTP") out of service in the near future. On April 29, 2009, Joe Stankiewicz, Bob Reeves, and Ken Wesson from NTMWD met with Chris Hoisted and Michael Sferra to discuss this step as an interim measure to provide a more cost-effective approach for treatment services. NTMWD has evaluated total flow from the cities of Wylie and Murphy and determined the Muddy Creek WWTP has sufficient rated capacity at 10 MGD to treat all flow from both cities. The current average daily flow for both cities is approximately 6 MGD. At this time, approximately 5 MGD is being treated at the Muddy Creek WWTP and 1 MGD is being treated at the Wylie WWTP. The Texas Commission on Environmental Quality (TCEQ) discharge permit for the Muddy Creek WWTP requires NTMWD to commence with planning for additional capacity for the cities when flow reaches 75% of the rated plant capacity (i.e., 7.5 MGD), and to be under construction when the plant flow reaches 90% of the rated capacity (i.e., 9.0 MGD). Based on current flow, the cities of Wylie and Murphy would have to experience population growth of approximately 20-25% before a need to commence planning for additional capacity. The cities would have to grow by approximately 40-45% before construction would be required to commence for additional capacity. Based on the current capacity of the Muddy Creek WWTP and the current flows, it is the opinion of the NTMWD staff that the Wylie WWTP can be taken out of service at this time and all flow transferred to the Muddy Creek WWTP for treatment. During the meeting with Mr. Hoisted and Mr. Sferra, the potential value of the Wylie WWTP and future use as an asset was discussed. NTMWD feels that the Wylie WWTP provides continuing value even if it is taken out of service as an interim strategic move. At some point in the future, it may make economic sense to place the plant back in service so that the next phased expansion of Muddy Creek WWTP can potentially be delayed. Depending on economic conditions and the actual future growth rates of Wylie and Murphy, the 2 MGD capacity of the Wylie WWTP could delay construction of the expansion for some time period. If this strategy is adopted, the plant equipment would still receive basic preventive maintenance tasks performed on a monthly basis so that facilities are preserved and kept in good operating condition. With this approach, maintenance costs associated with the plant would be minimal while still allowing the plant to resume service at the appropriate future time. 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:9 7 214 4 2-5 405 Ms. Mindy Manson May 8, 2009 Page 2 By taking the Wylie plant out of service and taking into account the additional cost of treatment at the Muddy Creek WWTP, NTMWD believes that the City of Wylie may potentially realize an overall savings for wastewater treatment in the range of$100,000 to $200,000 annually. This action would require that the containment basins and facilities be cleaned and debris removed. NTMWD currently projects that sufficient budgeted funds exist in the FY 2008-09 operating budget to cover the cost of the cleaning operation required for plant shutdown. NTMWD is currently preparing the FY 2009— 10 operating budget for the Wastewater System. Based on the outcome of the April 29, 2009, discussion with Mr. Hoisted and Mr. Sferra, NTMWD is planning for the Wylie WWTP to be taken out of service in the near future and is adopting the budget measures associated with this action. An Operating Budget for the Wylie WWTP will continue to exist that will include costs associated with the maintenance efforts described above, as well as for the cost of the discharge permit which will remain in place. Should the decision be made to take the plant out of service, some off-site odors may result during the cleaning process. It is recommended that information be disseminated to area residents, which would explain the near term and long-term plans for the plant and the possibility of fugitive odors during the short time that would be required to clean the plant. NTMWD will be willing to assist the City in developing this information. NTMWD would appreciate written concurrence from the City of Wylie regarding the disposition of the Wylie WWTP. Assuming that the City of Wylie agrees with the decision to remove the Wylie WWTP from service as reviewed in this letter, we respectfully request your acknowledgement by signing in the space provided below and returning a copy for our files. If you have any questions, please contact Mr. Ken Wesson, Wastewater Systems Manager, or this office directly. Sincerely, JIt / 4ES M. P RKS Executive Director The City of Wylie concurs with the action to take the Wylie WWTP out of service as presented herein. NAME: TITLE: DATE: JMP: KWW:mcf • c4' hris Hoisted, City Engineer, City of Wylie Ken Wesson,Wastewater Systems Manager, NTMWD Marvin Fuller, Director, NTMWD Robert Thurmond, Director, NTMWD MUDDY TOTAL CREEK - WYLIE MURPHY May-05 4.229 2.345 1.598' 0.286 Jun-05 4.29 2.509 1.463 0.318 J u l-05 4.285 3.103 1.001 0.181 Aug-05 4.341 3.018 1.198_ 0.125 Sep-05 4.3 3.221 0.971 0.108 Oct-05 4.971 3.868 0.989 0.114 Nov-05 4.336 3.177 1.053 0.106 Dec-05 5.216 4.028 1.096 0.092 Jan-06 5.307 4.092 1.109 0.106 Feb-06 6.041 4.677 1.231 0.133 Mar-06 7.215, 5.629 1.394 0.192 Apr-06 5.271 4.063 1.088 0.12 May-06 5.262 3.888 1.252 0.122 Jun-06 4.41 3.283 1.032 0.095 Jul-06 4.467 3.439 0.936 0.092 Aug-06 6.699 5.599 1.007 0.093 Sep-06 4.868 3.795 0.967 0.106 Oct-06- 5.61 4.494 1.116 Nov-06 5.618 4.704 0.914v Dec-06 6.084 4.908 1.176 Jan-07 7.971 6.628 1.343 Feb-07 5.258 4.227 1.031 Mar-07 6.044 5.001 1.043 Apr-07 6.325 5.098 1.227 May-07 6.883 5.352 1.531 Jun-07 8.793 6.871 1.922 Jul-07 7.808 6.339 1.469 Aug-07 5.64 4.59 1.05 Sep-07 6.182 5.023 1.159 Oct-07 6.021 5.105 0.916 Nov-07 5.405 4.448 0.957 Dec-07 6.157 5.604 0.553 Jan-08 5.732 4.973 0.759 Feb-08 6.275 5.462 0.813 Mar-08 9.208 7.771 1.437 Apr-08 6.851 5.771 1.08 May-08 6.03 4.999 1.031 Jun-08 5.618 4.577 1.041 Jul-08 5.275 4.284 0.991 Aug-08 6.065 5.477 0.588 Sep-08 5.965 5.281 0.684 Oct-08 5.517 4.539 0.978 _ Nov-08 6.083 5.294 0.789 Dec-08 5.801 4.742 1.059 Jan-09 5.913, 4.777 1.136 Feb-09 5,503 4.547 0.956 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 Jul-12 Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 W W 41 N O N lh N Ul O O 2005 Apr WY 11101111111111111 Jun Jul 1.011101110 ti' Aug 1.001110111 $ Sep 100111011101 Oct 10.1111i1111111 \ Nov Dec .011101110 2006 tan 0111011111111g i \ \ Feb Mar 6001101110 APr 111111 \ \ may N Jun $ Jul a+ Aug iiiii Sep 1 Oct I Nov i Dec ! 2007 Jan - Feb Mar Apr \ \ MaY �� tun g Jul11=101 `' Aug 10111.1111111 Sep Oct t Nov Dec 10011111i11111111 \ , 2008 Jan awialioliiiiiii Feb Mar 001111011110 111111 Apr 01111111111111111 MaY \ , n� Jun $ Jul 1 °o Aug 1 Sep 0111111111111111 Oct 0011101110 Nov _ ---------- e \ I I m 't x ItV Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: C (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: Date Prepared: May 18, 2009 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2009-16(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for an easement for the construction of the Twin Lakes Outfall Sewer Line. Recommendation Motion to approve Resolution No. 2009-16(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for an easement for the construction of the Twin Lakes Outfall Sewer Line. Discussion The Braddock Place developer constructed the first phase of the Twin Lakes Outfall Sewer line to serve the development. The construction of the second phase will connect the eastern side of Wylie directly to the Muddy Creek Wastewater Treatment Plant and eliminate the Twin Lakes sanitary sewer lift station. One easement for the project remains to be acquired. The easement contains approximately 22,873 square feet of property for the permanent easement. A 50' wide temporary construction easement is also included. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcel by purchase or condemnation. Approved By Initial Date Department Director C'H/� 05/18/09 Manager Y r'l S 6 (f09 Q Page 1 of 1 RESOLUTION NO. 2009-16(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO THE TWIN LAKES OUTFALL SEWER LINE; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE TWIN LAKES OUTFALL SEWER PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES, BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, of right-of-way and/or related easements on each of the parcels of properties described in Exhibit "A", attached hereto and made a part of this Resolution for all purposes (the "Property"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the Property for the purpose of, among other things, the construction, access, repair and maintenance of public facilities, specifically, the right-of-way and/or related easements for the construction of and/or improvements to the Twin Lakes Outfall Sewer Line (hereinafter referred to as the "Project") for the purposes of, among other things, sanitary sewer improvements. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the easement to be acquired for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation, the Property described in Exhibit"A" attached hereto, for the Project. Resolution No. 2009-16(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 1 509203-1 SECTION 3: Authority of the City Manager. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquiring the Property for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the Property made the subject of this Resolution. SECTION 4: Determination of Just Compensation. The City Manager, or her designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, in establishing and approving the fair market value offer and the just compensation for said right-of-way and/or easements. After consideration of said information, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the right-of-way and/or easements. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Properties, the City Manager, or her designee, is authorized to send a written offer to the owner(s) of said Property, along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the easement acquired in connection with this Project, should they interfere with use and enjoyment of the easement. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of- way and/or easements for the construction of and/or improvements to Twin Lakes Outfall Sewer Line will be appropriated from the Sewer Impact Fee Fund. SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire the right-of-way and/or easements by purchasing same, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 10: Effective Date. This Resolution shall take effect immediately from and after its passage. Resolution No.2009-16(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 2 509203-1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 26th day of May, 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Carole Ehrlich, City Secretary Abernathy, Roeder, Boyd &Joplin, P.C. Rebecca Brewer City Attorneys Resolution No.2009-16(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 3 509203-1 EXHIBIT"A" 30' SANITARY SEWER EASEMENT Being A 0.52S ACRE TRACT OF LAND SITUATED IN THE WILLANI SUTTON SURVEY ABSTRACT NUMBER 860,IN THE CI!Y OF WYLIE, COLLIN COUNTY, TEXAS AND BEING A PART OF A 25.00 ACRE TRACT OF LAND AS CONVEYED TO JOHN PEDERGRASS, RECORDED BY DEED IN VOLUME 674 PAGE 481 DEED RECORDS OF COLLIN COUNTY,AND BEING OVER AND ACROSS THAT CERTAIN (tailed 2L)98)ACRE TRACT OF LAND NOW, OR FORMERLY, IN THE NAME OF CECIL HALE,PER WARRANTY DEED VOLUME 5166 PAGE 1 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNTNG at a found iron rod with red cap stamped RPLS 3949 in the east line of Pleasant Valley Rd (CR 378)and being a reference point of 2001. feet for said northwest corner of a called 21,998 acre tract of Land conveyed to Cecil Hate by deed recorded in Volume 5166 Page 1868, THENCE North 47 degrees 58 minutes 46 seconds West,a distance of 493.95, 111ENCE South 88 degrees 31 minutes 38 seconds East,a distance of 109734 feet to a 1,42 inch iron rod with red cap stamped RI S.5664 set for the POINT OF BEGINNING of herein described 0.525 acre tract from which a½inch pipe beats S 87 degrees 53 minutes 15 second a distance of 245.62, THENCE South XX degrees 31 minutes 3X seconds East a distance of 33*13 feet to a '12 inch iron rod set, THENCE South 23 degrees 38 minutes 08 seconds East and entering said tract in a southerly,easterly westerly and northerly direction the following eight(8)courses and distances,a distance of 2,70 feet to a inch iron rod set with red cap stamped RES 5664, THENCE South 83 degrees 16 minutes 32 seconds East,a distance of 261.57 feet to a V/ inch iron rod set. THENCE South 01 degrees 20 minutes 53 seconds West a distance of 447.92 feet to a ½inch iron rod set. THENCE South 86 degrees 34 minutes 00 seconds West.a distance of 75.67 feet to a'A inch iron rod set, THENCE South 23depeca 38 minutes OS seconds East,a distance of 31 73 feet to a '4. inch iron rod set, THENCE North 86 degrees 07 minutes 11 seconds East, a distance of 39.05 feet to a inch iron rod set, THENCE North 01 degrees 20 minutes 53 seconds East a distance of 391.79 feet to a LA inch iron rod set, THENCE North 85 degrees 16 minutes 52 seconds East, a distance of 251.19 feet to a 'A inch iron rod.set, THENCE North 23 degrees 38 minutes 08 seconds West, a distance of 34.66 feet to the POINT OF BEGINNE'siG and containing 22873 square feet or 0.525 acres of land. In addition to the above described 30 foot wide permanent sewer easement, there will be one 50.00 foot wide Temporary Construction Easement on the south and west of said 30' permanent easemenL being south and west of, parallel with, and adjacent to the 1. a ave described permanent easement. 4. OF • * ert,„0 Ake.Ifft //-*/7.- e3 8 Rudy Ran Ran Registe Professional *it ***.r.,11.4*-ceasvettseioa-to Date Land Surveyor No. 5664 RUDY RANGEL ei**1? "Fr-ot ItA:it't) ,§694.4 exmiwr l'it,' JO' SAMTARY (AalifiNr 4 WILMA JEAN TURNER C.C. No. 97-0004018 cr-Atr. .,. - ENE BEARING OtSTANCE - OF Li S 8811.,.38" & 33"1"A ' 1,2 S 2338'08 E 2-7_127_ 13 S BS'i 652- E 1 57 — • *ti 1 • 411 - 4 S 01'2053 'AI 44792' S 86`34rCk:et W 75:1573, 11 ',..5664 :- L s S 2,rmoaa. E 3133. . . • L7 1 88-75,411* E, La N 01*2053. E 391 7I)'' I , i . . _ 19' L9 N 86'1662 W 251• ,,.. , • -- 0 0 L10 N 2318/08* VI 1 , 34-6..._§.L. ,,,,p::;--', 1 L2 S 88'31138" E POB 1 1097.34 L1. ./.••,,,c•...,:'....,. ,-" — lb....b. - •••••-•-4,-(:7:•••:::.:?-;../.;74::.:,:.:,,,,,....,1„... . ;,•••-v://--,....../,,,,,,.v.,:et.. L9 l'A' \,. CECIL HALE 50' TEMFORARY M POC C.C. No. 2002-0067730 osiSTRUCTION FA IT, kiENT p VOLUME 5166, PAGE 1868 L4 D.R.C.C.T. l''8 L -- -.., de.....11: 93'''* ,,............, ....11 C.F4, -....1 < / ARRY MORGAN LARRY D. MORGAN E T LI X OLUME 835, PAGE 154 VOLUME 1449, PAGE 264 N81.0 4v4,,., / D,R.C.C.ly D.R.C.C.T. caw I%-14-Cia SCALE V"...200' RANGEL LAND SURVEYING 1021 TIMBERLINE 30' SANITARY EASEMENT DR. CRAW BY Tie PEMSED: HEATH TEXAS CITY OF WYLIE TEXAS P AM 1 Cf 3 PHONE #21 4-48 9-sos-4313 RAN CAILMOSIMVEYOSBCOUNIAL MET .., Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: D Planning (City Secretary's Use Only) Department: Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: May 12, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat for Wylie EDC Addition, Block 1, Lot 1, creating a commercial lot on 1.433 acres and abandoning an ingress & egress easement. The property is generally located south of F.M. 544 and 310 feet east of Regency Drive. Recommendation Motion to approve a Final Plat for Wylie EDC Addition, Block 1, Lot 1, creating a commercial lot on 1.433 acres and abandoning an ingress & egress easement. The property is generally located south of F.M. 544 and 310 feet east of Regency Drive. Discussion The partially developed tracts were recently purchased by Wylie Economic Development Corporation (WEDC) consisting of 1.433 acres and is zoned Commercial Corridor (CC). WEDC has purchased an additional (1/2) one-half acre portion from the adjacent property owner to the south and east. This plat will establish boundaries for the tract and abandon a 20' ingress & egress easement located along the eastern boundary of the subject tract. A replat; Central Storage Addition, Block 1, Lot 1R is on the current agenda corresponding with the transfer of property and establishing those boundaries. This Final Plat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 5-0 to recommend approval of the Replat. Approved By Initial Date Department Director RO 05/12/09 City Manager rn S� ia I /t) Page 1 of 1 6-MIMM y -- OWNER'S CERTIFICATE Wngef Cerra. leawes*in Far r! ::tt4- WHEREAS.Wylie Economic Beraapnern Corer..a the owner of a tree dl..bya row atLMEN BYTHESEPHESWiS in thePair Sedge Swum Abetrrd No.83 the Cry d WA..T.w,r rdlhad by That I.Brad Sort do hereby Pr.%Mn l prepared the pa horn an actual and&coat&urwy &mdrd in Vebm&5026.Pp 2118 In tl.Deed Rearw of Cdrn Cway.Teo al M&and and the Me comer mon.neme stun thereon w gel were PmpenY egad user �rnoA mONscui'r for CCT)and Wm Incr.a eor[m d LP t W.t aCe trY So.&Add.,,warWn mY PSWnN apevmrinrmwim.wrAwwbdm.o,Omnrrarc.anecp aVYNn. F.M. HIGHWAY 544 Me Cry 073812Tam COMM a. ady*sednvd torsi eatM Mw (Vetoes.&RO.W) Remrh ofCMMC y.Ter IM0CCT1,srtwPoeq.int.o brqibe*01.0....Moor ev!or Le a r d&rfbm by deed to Ilia Ilya a Ter an.,r.r Claws Fr No. 2aN231aB23S1a OWCCT,.b.np more ova Wady*scribed r yb.Wl BE.MNWDN a T0DOT tmamanlo.n d.tr.M drM.Kolas NP.Sae Ira. Boom..arr..l J whd dra A'wM),M fdrrr*MaW mow o ytl WNY EcomMc Oawlwm50 Corr.. U.Surveyor.0101 Dar Vas 3,Rod B w Jr.Adrr,on addition m Ise of Cr MM..Tar acorns m Me pat thereof reared n Vora,T.Pp MO SWOT, (��\\ THENCE N Prt5'55'E 1M sou.kw d age FY STATE 6TEY,0.4„a- r .r.e, 3n el \"NT N[OWNSE LBdS (240 POW, p St.0 rt.Ir.*005I5 M,Imn Mr,MOM.. rld south De COUNTY OF OKtASy // al the apWer maser d.Sr d Tar tree. Oar rm%oa off Cent. Me nodlnrM mrwW taro of a.Cw. Edon me.Me undenged rdar.a Ndary Puck in ism odtM San d wawa&on Me eery SW.*ramp personale appear0 B.Spa.RepYnred P.40 0W Laid Saeyor.known to me to. THENCE S p0•t2'St'E.deeNq the aoiM In d ago FM.Mghwey No Sw,glop We mason rose name.rws.d rot.mrrodnp inland....red to me that rmWN or r dead Cr.rap Arbon pealed dlesre d 21155 Ir Payne O. MaWtW Meaamelw Me ptryoe.cw.drrbn Meynarnrd. Vy4 CrmN Dore ro inale WI•1rro 0u.31E58 Neel teaSar em.od rod.wmh0q.0.1p 00.n undo my hand veal aPrms era. dayor VOW W re ), r.55.2 11 Swale,Ii 0 THENCE S 5BMS'55'W.tee a fest to a S%B-nd.rod r w Arc cap D.P.Dq.Spar la CISu,n'rode pat E.or e.d J.reibm, Ndarr Pwn1Ea C TNENCB a°Vt.4'W,rro r fe /Ms of M r Jamb.Addr a ,3125E lee to.PCINTa TM Rr dTrr BE0w5W0.co/Wr.M 1433 rw d1.. waw., elan BED.rBlad NOW.THEREFORE...VALL MEN BY THESE PRESENT.. RECOMMENDED FOR APPROVAL That VINN Ec.mo Oreopmre Cmptaon,achy heron by.apgh Bun ry .rowed root a hereby art M.pia darn..IS heron Wove Orb.PtW.M as WYLIE EDC AMMON,BLOCK 1,LOT 1,on MN..to the Cr of O yr..Tar,.W nereoy Nola..,n Me amp*,to 8 pubic u..Mew.M.Onsets,nytwNwwy,.Odor r T. CMmwn,PYtlarq S Zero- Cormmrrn Or our elnerw sown Mrrn.TM meet.. 00 if rr.re Ur.aUr.M.bag Cr a Wyle.Tre ro prpceIN earner..pbc use arera,am re bra M Ere our Mar,for Me a rrr i4.red r M.pia No rwro.-I r.Her,W nEr.err Lot 1,Block 1 .5pmw 4or or..Mal be mnrveeda Owed ngon Nos manor e*eromenN as APPROVFD FOR CONSTRUCTION ardecar Impoernema may be placed in I.Id.op wren.d 1433 Acme rotor M n.wa by .ON Coo of d»Cr rt.,WRY n ,W.erearwr.m.Wo M nty or wiwm as or or.M m.e.uw,y rmmmod0.alpme Wiles0.0.to urebr WO.lM Wes.Me easement le um nent.6 pray.Mira yd uw by Our Mire.hp .b. Po�2Ne .Wad..&mtlr WMc..Car%Wylie,use roof Mrva.Cr dVyylY.Tar Ore 11 roe cry awe..pest BMyM Vr fps N rem..keep nmaedtl ACCEPTED or otats d any%Tarr fence, r0yaou.ordhr mpovo..1 worm..wlic0 nay In way endanger w rN Me 04 or roleraY of Mar A 4`t'Feadon rrpaw.plans In midaseremed.The Oh 0Wyb and piano morns.. .Ew Wra r a 1 t dmrnam ef40055 torew.oepemtorS,mthwnrx.W.erre..Ma Orr M 4uclr9.remnrchno flpc.m OWUNO mardalr.g.retlrl meon,.na Mrv> Y o�GJMM T.r Oe. i�d Sad addromrroans a a wee d Ilya reaped.talon.walla.Ow em.%r any tine c Powdro"Mission fan any... The True.Wtrwa pr aWoatl abJM to.I pYNro dlarrca,rues .aged.Me Cr 6rnwry a a,e Cr d Wpm.i Ire. or.HW Ty rrodaIla.lid r.WWr.atM forego.lel...of WYLIE EDC 0.1113M,BLOCNI,LOT1..0 FNw.'�r c Cry d Wyie.Ter. City Who w arr.m Ma testy c m r won.Von.rvinre = to }e NESS,mYh.,MielN cloy of IWp. IYw wsco�i.wew dm 4 asp rod 4loMn.•Ww ydpw.s.dL lw.mow mar. IM1nlweWwdnd.hv h.ya Be M Me Ma scrn.,sham.W Our Na name a waaubre or.. wlbrrmy.rdS..n of ___.AO zap Marro FWter,Pirdea W.poems. Drelp+rl Caporwr CNY Sorry mar rear+ STATE aTEAn54 Clhd W.,Tar - I COUNTY OE ONUS n B.pn me,Me ranged lMI.ey a Notary Rao in.for Me Slate of TOMS.or Mortar Prrr a%row.Mon Fubr,Oro,run to me to he the person whoa ore a SLOOH ed%the fop.ibun.d.Winow.dpw to m.Mal M rrcad der.ate M Mr Pl.pew.a.6.rWw paten erred Chian under my h.and.W d dhe,M, dr of MB. y�'e fs ICENT^, MeD'Irb15 r MAY D b 20L91c551 By _ll L. -.11--w>boa'e lAPR 292009 i'i1L _ reL�c 8410ISS'W OS `" Y,1mee..e .,,,.nwa NAL PLAT s LOT I, BLOCK 1 _ - WYLIE EDC ADDITION SnRAMO IN WILLIAM SACHSE SURVEY,ABSTRACT No. 835 Bxn b cm CITY OF WYLIE Lot 1.aw I .,Ira sta.4e Adorn 8 ,`¢. tea c,s COLLIN COUNTY,TEXAS '" 1.0.. F r. 9.0.5./CAD ,`ud5`' BDS Sparr Surveys e� so 2553 CP 722E mdmwa, r' w. APRIL I.BOOp k e (B anon Yr:atom z,lam...s,c can QM@ '� ,vr. c(2t<)Sao-2T91 --- — — -- B Hal. 17095 Wylie City Council F WYLIE AGENDA REPORT CITY o Meeting Date: May 26, 2009 Item Number: E (City Secretary's Use Only) Department: Planning Prepared By: Charles Lee, AICP Account Code: Date Prepared: May 12, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by approximately 1/2 acre along the southwest portion of the property and establishing new boundaries for the property. The property is generally located south of F.M. 544 and 510 feet east of Regency Drive. Recommendation Motion to approve a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by approximately 1/2 acre along the southwest portion of the property and establishing new boundaries for the property. The property is generally located south of F.M. 544 and 510 feet east of Regency Drive. Discussion The purpose for this replat is to subdivide and transfer approximately (1/2) one-half acre of property located along the southwest portion of the lot to the adjacent property owned by Wylie Economic Development Corporation (WEDC). A final plat incorporating the referenced half acre transfer and establishing WEDC's plat is on the current agenda for your consideration. The property has been developed for mini-warehouse/public storage (self-storage) uses since 1995, prior to the CC District requirement for SUP was established. Therefore, the mini-warehouse is considered a legal non- conforming use per the Zoning Ordinance and may continue to operate subject to compliance with Article 9 of the Zoning Ordinance. The Replat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 4-0 to recommend approval of the Replat. Approved By Initial Date Department Director RO 05/12/09 CityManager i S 1 (o, Page 1 of 1 o so so `°.' WORE. 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P�mrm3wnr.nmm etyma Mow,rardwµa.I.P. Oa. a praM meow.mac rmmbm.one Boom.a We fatal Wale. Tem WITNESS r Bootee _ v toot ma..Me Ar WyleADDITION o soio.oson o.woo oenm.Cry•of ao ter _ .v20 B . 1 By .oa.neab ua.,nn on m.r..a.. e�ar�.on of we.Wry wow...mr.n. msndw�p amp shorn and lorry n and mP .r 1 Loa .o veld ...anal M.awd+=e mood err.rnrvnn. mJac:sar a a. vr e�•••Mr--'4'1 Crow.Mnw.n.IS.Iro Ma. re.'p";x War ae nor werw mow.nor My of AO mm 2 II I C01FOA0uS CW wl0O 4 N a wSW45t .Yr,nn. -.. _ .r 41 rs . "F.>; I I 3%- aa_ .e.oNara4Nd.7Pa.nn•ot for rye Si.d T..on•E I woo.Anom tome log I.Masao Lonoso no.* n Dry.to n..../ 8�J'ST WrsO4M BQa0'29'W 1WUR' ' d.w.e.nroe ewe.a...e.e.nv ror ere oar.W C.a.erensDm7 PROVE�IDENIED e..n ow.. • P z MAY 0 5 2309 O.en mwr ror..eb ear a M.A. .wd .3aP xo Mock e BY.. __ 13 ORCC1 va T,`4 Was v0c0is MRRoger,Steel Steei Indust,.Pare S'ali''Itcg e! m.Smaar.xa -' APR 99 ERE -J I� FINAL Pr a t LOT 1R, BLOCK 1 CENTRAL STORAGE ADDITION BEING A REPLAY OF LOT I. BLOCK I CENTRAL STORAGE ADDITION WILLIAM SACHSE SURVEY, ABSTRACT No. 635 CITY OF WYLIE COLLIN COUNTY.TEXAS ar B.D.B./c.O s0R — Sparr Surveys MOM P I-_.0 ^ 2553C.P. 2 R sow APRIL I,pm J R Icom 25569 e,a.m tort.L r a,am...e - r .m ma Mr_ oB NO. 17095 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: May 12, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Replat for Wylie Christian Care Center Addition. Subject property located (700 S. Ballard Street) on the west side of S. Ballard Avenue and approximately 430 feet south of College Street. Recommendation Motion to approve a Replat for Wylie Christian Care Center Addition. Subject property located (700 S. Ballard Street) on the west side of S. Ballard Avenue and approximately 430 feet south of College Street. Discussion The applicant/owner is the Wylie Christian Care Center, a non-profit charitable organization/church and house of worship. The applicant is proposing a Replat to combine two single family lots into one for the purposes of developing a future expansion of the adjacent center. The property was originally platted as two single family lots consisting of 0.287 acres. Southside Addition was originally developed for single family residential uses in the late 1940's and early 1950's. At that time, single family houses were developed on lots with 50' widths. In May 2008 Wylie Christian Care Center acquired the property and subsequently in August of 2008 demolished the vacant substandard structure in preparation for future expansion of their facility. Church/House of Worship is an allowed use within the SF-10/24 zoning district. The applicant shall be required to submit site plan, landscape and elevation plans to the City of Wylie in adherence to the SF-10/24 standards and subject to P&Z Commission review and approval for development of the property. The Replat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 5-0 to recommend approval of the Replat. Approved By Initial Date Department Director 05/12/09 City Manager /1/7RO rj t/(o9 Page 1 of 1 H-_ I PROPERTY OWNER'S CERTIFICATE ''''''''—/ 1 1 I'' . COUNTYNeOF H4 Y 1. @a•. I ALLEY Gi 5 8815'35'E 125.00' POINT OF BEGINNING �ei•aF II WHEREAS,WYLIE cHR r Re DENIER,N me Owner.of2 0.287 rIda Abstract No texas ana being o Ea ' Cnmea 64.w County, i'°n2 being Wyliec e Center, lla de Trutt,as recorded o z 0osvzoo• R ads Co m Ca T o. faee r or. «. solati m tamerb q me lereaNioNiaY s y a.n lonem Adiba oneCiew map " aal blam `� I nHn South. so,nd are Avenue c tne east boundory lines al sold Lot 6 and sae, t I. dwtonce of en,e > 100.00 f o an x cut concrete pavement found on.southeast corner tat 6 one the northeast corner o Lot 5 or safeIVC RY YAP N 8 THENCE North 6 e 35 a emtoncee of 8 5/o itch see- .Canis w u found w ' SAMUEL B. SHELBY SURVEY � none amh••aatnwes corner m sad Lot 6 one me northwest corner m said tat h,a corner being g A-820 g 1 ma THENCENorth. line of soid alley ang the went ' "" ' o few to to /E 1 ch:an roe with cap found for corner or eoa cot]airy es of said tat E one said Lotdistance or 100 test LOT 1, BLOCK A e p I cS e Hc0CE ewfh x9 ee9re.s T5 mim,tµ lT85 E roan o, ne a so w o e 1;q X c,a a a .ono o zs.Do test to a NT a sec AND coN:Araxc°tzAv9 swore°r«t p2b7 ear dad = 12.499 S0.FT. THEREFORE KNOW ALL MEN by THESE sL s N 0.287 ACRE h Now sea' m , 4.1 THAT,WYIE CHRIS,.CARE CENFER,doesdot 1,,,PertY os the WYLIE CH f CARE CENTER AOgTICW,a Ile Meet dad oche public >- rights-of-way,god improvementCity h hereby If any,are defecated and does- fences,treem shrua.bs oif use as are for the ;�rneep`i ► placed upon,;or the easementsas shown. ♦I that londscope Improvements also for may be someunless the easement east Tents may me VI — J 10 G, use es Pwlcuia,ut.ies,vela u Rob.utelltes b bwdlnate tot lies and City`o using use thereof. + W I r. N 8975'35'W 125.00' r I I The c of Weie o a or grow.utinh e tMs shell r`the 9rag,n to remove ond p removed Y building.,fen nubs T tyro systems In`sv st°The City or y d public a es with the have right or gr to — 20 A tllom their removing m he f c cling.r «tong,m mointerioncCnq,tr ding ingress ass) r'=0 ing to a mg al or ports of rest H e necessityt patrolling, praocuringh permission from anyone` wcon inspecting, SCALE IuQ ET .pt'd i.1.PG Rau,SD(kONFION This pmt approved sgblem to II parr g ordinances.rme.,�rw9ambans ana r.watians m me cur a Wylie.Tex.: ar WITNESS,my Mona,this the_day of r 2009 I II FOR,WYLIE CHRISPAN CARE CENTER ___ __—_ 8Y: __ LEGEND t/x' R.E t/r IRON Roo FavN row cpP , ',TENTED NAME.TITLE W/CAP STAMPED'RWNOARY 50tUTI0N5` non rI LOT s I STATE OF TEXAS I COUNTY OF COLLIN i OR.0 EEOC T. O RECORDS COLLIN COUNTY Before me,the...reaped outhority,o Py,flory Pub.in and for the Stofe or fence,.On tn. M.R.C.C.T. MAP RECORDS CULUN COUNTY ma'Not he executed the same for tM p ere we Co'rl'er s Ihdem .p eeaq. rmea to the'' 9tles q .'rumen'and acxnoele g a to XAS R O.W. NCH,OF WAY Given under Y Ilona a.seq al office.Tne y 2009. Notary Public in aid for the State of Throe y Commission Expeee On: APPROVAL BLOCK SURVEYOR'S CERTIFICATE "RECOMMENDED FOR 015600AL' KNOW ALL MEN PT THESE PRt SENTS- THAT,I Chrls E Leff..do nereby cerbly that this o,c1 was prepare<under n,oePefoieion'rem eh Cllrno awyl,rr_ n zoning Commission Dote e.os omtual ccurate survey. e,pnd d thot Ne ee end. y 9 •anal supereson In ac ordono,`with tn.s ca leio,ordinance of the city oerviylie. comer APPROVED FOR CONSTRUCTION PROVE fOENIEo GIVEN UNDER MY SEAT OF ORTCE THIS 315T DAY OF MARCH.2009. MAY 05 2009 --- y + Mayor,City of Wylie,Texas Dote I _ br 1,IurM HRIS E CRh EIM REGISTERED PROFESS LAND SURVEYOR OR.,E OR.. ._._PROFESS.. STATE OF TEXAS NO.4846 r+0 egsge,`+e 'ACCEPTED' NOTICE:Selling FIN'U"PLAT iATE Dr TEXAS I c.dan by m< ba nee is° WYLIE CHRISTIAN CARE COUNTY a 020 I o,a.City of Wylie Texas Date ate Lo:and ie Ordinance bject tome. CENTER ADDITION Ond withholding of utilities and Before building permits. BLIND A REPEAT OF 0.0949099`a NI a Sorrow',in n undersigned, a City Secretary of a City of Wylie,Texas. _ .nose n amyl�� acknowledged'a me'not ne executed me rho .RIVE 'foot tite foregoing FinaLP TIE CRRISn89 SLOT OUTH 85 DEDA ADDITION same form purpose rod coroidefoeons herein expressed lea ARE yCEN CENTER ADDDITION.on E the City the .ere Gay Council on the VOL 1, PG, 04, M.R.C.C.T. Given under y hand one soul at once,Imo llet y f Marco,2009. ` _2009.o e'Council.of _ theMan and there accepted ae0K o -- OWNER AND BEING easements.public ploces,°nd'voter en WYLIE CHRIthorized p TIAN CARE�'NTEk set forth in a.upon anal Co uncil Mayor e`n acceptance thereof g e our.as Wit BOX 609 APR a 1909 c Tx iso9e �l�t 0.287 ACRE Y Commission F.sautes On:Ol/tit,/20 lTexas wetn y ana to prpW2009. P. g,alL _� 91TUATFD IN THE m n y r Notes LAND SURVEYOR SAMUEL B. SHELBY SURVEY, ABSTRACT NO. 020 CRIFFITH SURVEY/NC CO.,-'LW CITY OF WYLIE, COLLIN COUNTY, TEXAS e 1/2`I.R.E.W/CAP unit.otherwise 2E01 CAPITA,STREET y I Wylie Yie.oa t monuments indicated w Wnl2,PTX 25098 FAX 9.1-840e ENGINEERING CONCEP75&DESIGN, LP 2.baaie oI tearing pein9 SwtN for F x(972)9,1-8.1 nmgw/PROM,tMNrA.Mw*/cdtdmurnoP apxsxfz tme o plat racwded M VOI t,PgNBs7 N'R.C.C�TterY sal WO Su•w�(m)so-esm eu psri MA,6^x ei.2009 I Vmv02css\aT7of\e.9\702 Replota.9 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: G (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Date Prepared: May 12, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2009. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2009. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LV�n 5/12/09 City Manager r \ Icy U Page 1of1 CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 13,319,101.31 13,395,913.50 76,812 A FRANCHISE FEES 1,955,000 710,733.54 790,902.55 80,169 LICENSES AND PERMITS 594,500 339,014.45 252,608.97 -86,405 INTERGOVERNMENTAL REV. 591,480 329,857.89 304,549.20 -25,309 SERVICE FEES 2,199,200 1,024,499.66 996,459.78 -28,040 FINES AND FORFEITURES 540,000 309,589.00 253,975.78 -55,613 INTEREST INCOME 351,310 204,930.80 60,340.70 -144,590 B MISCELLANEOUS INCOME 186,740 108,888.65 92,827.76 -16,061 OTHER FINANCING SOURCES 516,330 501,477.90 501,477.90 0 TOTAL REVENUES 22,341,938 16,848,093 16,649,056 -199,037 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 87,459.10 87,111.64 -347 CITY MANAGER 767,530 462,908.21 429,019.65 -33,889 CITY SECRETARY 257,190 157,087.45 142,343.42 -14,744 CITY ATTORNEY 173,000 100,916.70 96,979.25 -3,937 FINANCE 671,640 391,789.90 342,398.84 -49,391 FACILITIES 210,800 122,966.70 103,701.76 -19,265 MUNICIPAL COURT 333,910 176,496.85 172,892.11 -3,605 HUMAN RESOURCES 207,160 114,535.05 106,320.33 -8,215 PURCHASING 111,520 64,713.49 61,695.53 -3,018 INFORMATION TECHNOLOGY 350,240 204,306.70 222,074.33 17,768 POLICE 4,841,100 2,823,974.95 2,681,575.70 -142,399 FIRE 5,076,930 2,961,542.50 2,860,947.56 -100,595 ANIMAL CONTROL 268,000 156,333.35 142,999.52 -13,334 PLANNING 398,465 221,658.90 210,286.98 -11,372 BUILDING INSPECTION 718,800 419,404.25 353,105.72 -66,299 CODE ENFORCEMENT 181,430 91,834.20 77,648.20 -14,186 STREETS 1,742,360 1,077,376.75 1,053,263.30 -24,113 PARKS 1,548,110 871,064.10 758,369.77 -112,694 RECREATION 314,710 68,914.15 67,864.63 -1,050 LIBRARY 715,025 452,097.80 439,229.95 -12,868 COMBINED SERVICES 3,066,600 2,021,474.95 1,780,353.77 -241,121 TOTAL EXPENDITURES 22,086,910 13,048,856 12,190,182 -858,674 B REVENUES OVER/(UNDER) EXPENDITURES 255,028 3,799,237 4,458,874 659,637 A. Property Tax Collections for FY08-09 ending April are 96.66%, in comparison to FY07-08 for the same time period 95.88%. Also, Sales Taxes appears to have increased 6.599%through April. B. Recognize significant savings in personnel expenses,fuel, electricity, and trash disposal. CITY OF WYLIE MONTHLY FINANCIAL REPORT April 30, 2009 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 4,346,833.35 4,321,441.87 -25,391 INTEREST INCOME 200,000 116,666.65 47,908.19 -68,758 MISCELLANEOUS INCOME 30,000 17,500.00 114,998.95 97,499 OTHER FINANCING SOURCES 1,500,000 1,500,000.00 1,500,000.00 0 TOTAL REVENUES 10,700,000 5,981,000 5,984,349 3,349 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 327,769.10 287,999.92 -39,769 UTILITIES-WATER 1,121,030 588,934.15 531,715.67 -57,218 CITY ENGINEER 485,660 262,190.96 238,773.13 -23,418 UTILITIES-SEWER 511,590 298,427.50 274,329.32 -24,098 UTILITY BILLING 548,594 278,013.10 233,167.59 -44,846 COMBINED SERVICES 7,382,180 5,006,163.44 4,917,161.98 -89,001 TOTAL EXPENDITURES 10,610,944 6,761,498 6,483,148 -278,351 REVENUES OVER/(UNDER) EXPENDITURES 89,056 -780,498 -498,799 281,700 Wylie City Council AGENDA REPORT CITY OF WYLIE Meeting Date: May 26, 2009 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: May 12, 2009 Budgeted Amount: Exhibits: 7 Subject (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider, and act upon, amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. Generally bounded by Stone Road on the south, Butler Street on the north. ZC2009-01 Recommendation Motion to approve amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. ZC2009-01 Discussion REQUEST TO REMOVE FROM TABLE AND CONTINUE THE PUBLIC HEARING This item was initially presented to the Commission on April 7th, 2009. At that time the Commission asked Staff to make revisions to the proposed Ordinance for reconsideration by May 5th. Several concepts that have changed dramatically since the previous proposal are: the splitting of the overlay into two distinct areas; the addition of language focusing the architecture of the area to be more compatible with the Downtown Historic District; the addition of single family homes as an allowable use; and the option to reduce the proposed Overlay District to just those properties facing Ballard. The purpose of this revision is to create the boundaries and design standards of the South Ballard Overlay (SBO) District and to establish the allowable uses. This Overlay allows the City to create, in the South Ballard area, a place that will be economically and geographically viable while also retaining the rich history, community values, and citizen friendly atmosphere that embodies Wylie. Background The area of South Ballard between SH 78 and Stone Road is one of the most established areas within the City. Many of the subdivisions within the proposed area of rezoning were created under the 1962 Zoning Ordinance as a residential neighborhood. However, with the growth of Wylie, the widening of South Ballard to the county line, the expansion of the President George Bush Turnpike to come within a few miles of South Ballard and the number of vacant properties within the area, redevelopment measures for the neighborhood is needed. This plan Page 1 of 3 Page 2 of 3 allows for a broad mixture of compatible uses and provides special development and design standards that create a multi-use, pedestrian friendly, sustainable place, that will enhance the architectural character of the area and be compatible with the Historic Downtown. Planning Commission Discussion The Commission discussed at length the overall boundaries of the overlay and the location of uses. It was the recommendation of the Commission to allow mixed uses in the same structure or stand alone structures along lots fronting Ballard and those lots south of Butler and north of College Street. Single family detached or attached uses as well as low intensity commercial uses within residential structures within the interior of the overlay. The desire of the Commission was to promote an overlay district that is cohesive to the Downtown Historic District. Not so much as having a style tied to an historic era, but a more themed style of architectural design. This could be accomplished by increasing design articulation of buildings, while maintaining flexibility. The articulation would control the aesthetics and would highly limit a "square box" look of a building. The Architectural Standards provide for exterior building materials, building articulation, exterior facades, roof quality, form and massing, which is directly controlled by architectural compatibility of the surrounding areas. Members of the Commission agreed that it is not mandatory that a mixed use structure house a certain percentage of residential or commercial uses within the structure. Therefore, a single commercial tenant could occupy a single structure. The initial concept for the overlay district was to create a walkable place that would allow for higher density residential dwellings as well as commercial uses. The Commission accepted Staff's proposal to limit the residential lot sizes to 6,000 s.f. to avoid "McMansion" type dwellings. The attached Exhibit "F" shows the breakdown of the existing lot mix within the proposed Residential Boundary. There is some discrepancy in existing lot sizes due to the inappropriate subdivision of lots by means other than replatting. Final Plat maps provided by the Planning Department do not coincide with the lots depicted on Collin County interactive map or Collin County Deed Records. Therefore a re-evaluation of maximum lot sizes allowed may be advantageous. Currently, the average lot size in the subject boundary is 9,717 s.£ with the median lot size being 8,960 s.f. Highlights of the proposed changes for more detailed comparison see Exhibit"G". ✓ 10' sidewalks with a 0'or 5' front setback in Commercial Boundary. ✓ Variety of parking materials (i.e., pavestones, grasscrete, asphalt) subject to Engineering approval. ✓ 75%masonry product within Commercial Boundary. ✓ EIFS, vinyl siding or wood as an exterior building accent material within the Commercial Boundary, subject to Building Inspection approval. ✓ 75% masonry product or wood as primary material within Residential Boundary. ✓ EIFS or vinyl siding as an exterior building accent material within the Residential Boundary, subject to Building Inspection approval. ✓ Maximum dwelling size is 2,400 s.f. within the Residential Boundary. ✓ Maximum lot size is 6,000 s.f. within the Residential Boundary. ✓ Single family dwellings are allowed within the Commercial Boundary, but must follow the design requirements of the commercial boundary guidelines. ✓ Commercial uses are allowed within the Residential Boundary, but must be within a residential type structure. Consideration The proposed SBO boundary is divided into two separate distinct areas, the Commercial Boundary consisting of those lots fronting Ballard including lots south of Butler and north of College Street and the Residential Page 3 of 3 Boundary consisting of lots along Jackson, east of Birmingham, north of Stone and south of College Street. Of the 95 total lots within the proposed district, the current breakdown of the lots include; one Multi-Family (MF) lot, approximately 19 SF lots that are currently owner occupied, 48 SF lots that are rental properties, 6 commercial lots and 22 vacant lots. Currently, the majority of the lots/parcels are legally non-conforming as it relates to structures and lot sizes. The proposed amendment would offer specific place-making elements in order to effectively create lots and structures that adhere to the stated purpose of the proposed Ordinance. For example, front setbacks are not just set at a given distance or greater from the front property line, but set at one of two specific measurements to ensure continuity throughout the district. Regulation of architectural elements are set to ensure a consistent, yet varied, look along a block face. Because this text amendment also includes rezoning of property, 240 notifications were mailed to all effected properties within 200 feet in accordance with State Law. As originally presented to P&Z at its April 7th meeting, twenty-seven (27) responses were received with eight (8) in favor and nineteen (19) against the requested amendment and zoning reclassification. Based on the first meeting and direction from the Commission, an updated letter was mailed out to all residents of the area stating the modifications to be presented and restating the new date to continue the public hearing. One new response was received in favor of the request. The Commission voted 5-0 to recommend approval of the proposed amendment. Approved By Initial Date Department Director RO 05/18/09 City Manager inGI\ 5 la f /or Exhibit"A" Legal Description Zone Case#2009-01 Being Lots located North of Stone Road and south of Butler Street between Birmingham Street and the alley east of South Ballard Avenue and also situated in the following subdivisions: Lots 1A, 1C, 2A, 3A, 8A-B and 9-10 in the JM Butler Addition; Lots 1-14 and 16-32 in the Southside Addition; Lots 1A-J, 2A B and 15 in Block 1, and Lots 1,2A-B, 3 and 4A D in Block 3, of the Calloway Addition; Lots 1-11, 12A-B, 13A-B, 14A-B and 15-17 in the Butler Addition; Lots 1-12 in Block 5,Lots 1R, 3A-B, 4, 5A B and 6-8 in Block 6, and Lots 1-4 and 8R in Block 7, and Lots 1-2,3R and 5-12 in Block 8 of the Keller's First Addition; Lots 1R, 2R,8, 9A-B and 10 in Block 34 of the Railroad Addition; Lots 1-3 in the Kirby-Stone Addition; Lots being in the S.B. 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LOCATION MAP ZONING CASE #2009-01 Exhibit " B " „.„ EXHIBIT' "C,'” 0,1 y f q VIO,t q Zoning Ordinance I Section 6.4 501„illi 113A1„„LARD OVERLAY DISTRICT_ A, Purpose South Ballard has been identified by the City as a valuable area worthy of rejuvenation as a Mixed Use district. 'Ibis section provides minimum development and design standards that will create a unique pedestrian friendly atmosphere for the citizens of Wylie that expands upon and is compatible with the architectural character of the Downtown htistoric District. B. Plan Review I , The requirements and guidelines that 'follow are minimum standards for development within the 5130. Each development or major renovation 'will require the submittal of a Site Plan that will be evaluated by City Staff and, the Planning and Zoning Commission to determine merit and applicability of the proposed development within the overall vision of the SBO. An appeal to the Council of the Commission's decision may be made if filed by the applicant in writing with the Planning Department not more than seven (7)days after the date of the action taken by the Commission, 2, For any site or design standard not expressly' detailed below. Articles 2, 3, and 4 of this Ordinance shall apply. ............)._ i) ' South 13'4111:lad Overlay it""' """d " C,„ District Boundaries $ e 1 rl.,40'Nfl 9 i a t'"ommercial BoundarytiLLA ' 4i ' 1. The South Ballard Overlay District (S130) is ) Residentfiel Boondary 4E71 comprised of two cohesive yet separate commercial ' and residential boundary components (fience forth .;',:::::::;;:::::;<: referenced as CB and RB, respectively) . The entire ) ,o' ,00/ 15:;::::::0 ':i S13(1 is generally bounded by Stone Road on the south, Butler Street on the north, the eastern rear property _de ii,a,,ai,riiiiiiiiiiiiia , ), )),, ) ..1 line of those lots facing Ballard, and Birmingham ada „,,q,,, ;;,,,,,,,.,„ ,,,, ,; ,;,,:, ,' I Street to the west. These boundaries, and the , ,,„„ „,), ,,„ / _ boundaries of the residential and com,mercial „a ,,o`' , , ))., ;,/,,i, itai,,eiyaii;a„,i,J.)),,),;,,,,a))) components, arc shown on the map in Figure 6.-6 for in'formational purposes. ,031 wsimsi 2. The precise boundaries of the South Ballard Overlay District shall he shown on the official zoning map of l'44t441414414.41442414441,4;,;,„4.- .,,,A the City of Wylie. "The boundaries of the SBO may be :„4.4,441,232Itii,), „, amended from time to time based on a request from t,,,,,i,)pi,i,),i,9F),,,aiera:;,,,.,,,,,,,,,,,,,,,,,A tp',CCir.:::;144:1'TJ:f4i, , ' area properly owners, a request of the staff, the Iiii-,,,,,,„,,,,...EiTziFF,E,, ';;:::,,;,::,,,,,:,,A Commission, or at the pleasure of the Council. In Xoln0 e,t tc,.:40444!t:15EF.tf:r ".'" 01 :1 ' ' considering a request for a change in district '"' boundaries, the Council shall require: 1 a. Any additions to the district shall he contiguous Ii; 1 V,II:aiLi aiaaaa al" .1!+, ta* 0L.:;:00X,00j SIOlo SI, to the existing boundaries of the dist,ricti ii s 1,,, b. .Any reductions in the district shall be located on the edge of the district such that a hole is not left hInm'''''''''''''I''''''N''''''''''''''' inside the district; and Figure 6-6 South Ballard Overlay District Boundaries Page 11. EXHIBIT"C" It (fi,v61 Zoning Ordinance requested by a property OW ner, a petition shall be presented showing onvners of more than 50 percent of the land within the district, excluding streets,and owners of more than 50 percent oldie building sites in Me district are hi support of the requested change in boundaries. D„ Permitted Uses: See Use Chart in Article 5,Section 5.1. E, Purpose if Development and Design Standards: The SBO is divided into two separate commercial and residential components, Within the (B, residential and commercial uses may he located ithin the sanie structure. No commercial struct we or uses are allowed within the R B. II_Design Standards Street and Sidewalk Standards. The purpose of the Street and Sidewalk Standards is to provide for street treatnients, pedestrian sidewalk and crosswalk standards, to provide public access to open space, and to provide enhancements along pathways, 1)esired Street and Sidewalk requirenteras are achieved by projects in accordance with the following criteria: (I) Provision of Sidewalks Aria. fa) Commercial Boundary Standards (i) All Developnieras that front Ballard Avenue shall provide a 10 loot minim Urn concrete public walkway„ Large canopy shade trees shall be provided at 50 ft o c and must be placed a minimum of two feet of the back of curb. The walkway may be heated partially within the property and partly within the street right-of-way parkway, if applicable. H the building set back is IS ft from the back of curb a 511 landscape buffer shall be provided between die facade of the building and the public walktivay„ The landscape buffer shall contain native drought resistant grasses and Figure 6-7 Public Walkways shrubs, Miltimum size far shade trees shall be 3 :inches in caliper and 14 to 16 feet height, trees shall match, in species, those at existing development 01111Illgitgc (1) Decorative paving, consisting °If 10 stamped or decorative concrete, shall ,111111111,11,1111,..1910&N,00); be provided to cover a minimum of un„„„hai ,,,„AxotNefoh,„ 2 of the total surface area of the " walkiway and at all crosswalk entries of 11111,11111111111111111111111111 corner[ON j1111) 1111111111111111,,,He„ (b) Residential Boundary Standards (i) Ail Developments in the RB and those lots not facing Ballard shall provide a six loot minimum concrete public walk)Nay. -rhe walkway may be located partially within the property and partly within the street right-of-way parkway,. if applicable, ARTICI„,,E 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page EXHIBIT"C" 1 __ Col of1§ LIE Zoning Ordinance (ii) Decorative paving, consisting of stamped or decorative concrete, shall be provided at all crosswalk entries of corner lots. (2) Lighting and Furnishings Along Sidewalks a. Commercial Boundary Standards (i) Benches with backs which meet the city's standard park bench, at a minimum spacing of one bench per 250 feet are encouraged. (ii) Provide waste receptacles every 250ft,common throughout. (iii) Provide lighting on trees within public walkway. Lighting shall consist of up-lights and placed in a way to minimize fixture placement visibility. (3) Mail Boxes Mail boxes, as provided for a multi tenant building, shall be of a Cluster Mailbox Unit(CBU) box style. The CBU shall be located at the lot line, or as required by the United States Post Office, and include at least one slot for every commercial space and one slot for every residential unit. Multiple CBU's may be used on larger lots as necessary. Mailboxes for single users shall incorporate architectural features that are the same as the exterior of the main structure. b. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement, landscape requirements, access drives and the location of service and loading areas. Desired Site Design requirements are achieved by projects in accordance with the following criteria: (1) Building Placement (a) Buildings shall be placed with their entrance and/or main facade oriented to the street adjacent to the sidewalk or five feet from the edge of the sidewalk. (b) Buildings shall be placed with the rear of the building no closer than 15 feet from the rear property line. Page 3 EXHIBIT "C" it ,? l Ty€i.\\,II IF Zoning Ordinance tk iii, :.« ".•'",',.0 ' '"• «.. , ii . s ::*:1 iir .... Itst.�_ !-•. 10'sidewalk 1 1 1 Commercial Ornamental Street below lights BannersPublic ROW Residential Benches Bike above Racks Figure 6-8 Building Placement (2) Parking a. A minimum of 25% of all required parking shall be located on site. All on site parking shall be placed a minimum of loft behind the front facade of the building with a landscape buffer provided. Not more than 140' of contiguous frontage shall be parking visible from a street. On site parking shall also provide spaces for bicycles at a rate of one for every full 25 spaces of required parking. b. The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site through the use of shared parking agreements Upon a finding that a parking reduction is necessary to preserve and maintain the design integrity of the District,the Commission may grant a parking variance to reduce the required parking by a maximum of 50 percent. c. Alternative materials, such as pavestones, grasspavers, or asphalt can be used for driveways and parking spaces,subject to approval of the City Engineer. (3) Location of Service Areas and Loading a. Service areas and loading areas shall be located in the parking area nearest the rear of the building. b. Service areas shall have a screening wall with gates which prevent visibility from a public street using a material,style and colorization that matches the main structure. (4) Landscaping: Desired Landscaping Design requirements are achieved by projects in accordance with the following criteria: a. At least ten percent of the site shall be landscaped and contain an automated subsurface irrigation system. ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICe 4 EXHIBIT"C" n 10 \10 1E Zoning Ordinance b. Landscaping is required in the front yard if building is placed 15' from back of curb. c. Landscaping is not required in side yards in which a pathway is provided for the purpose of pedestrian access to the rear areas of the site. d. The landscape area shall include shrubs and at least one flowering tree for every 50 linear feet of planting area in the rear of the building. Trees may be planted in groves or bands as long as the required number of trees are provided. c. Architectural Standards. The purpose of the Architectural Standards is to provide for exterior building materials, building articulation, exterior facades, roof quality, form and massing,architectural compatibility,and repetition of unit designs. (1) Exterior Building Materials a. Commercial Boundary Standards (i) All units shall have a minimum of seventy-five(75)percent of the exterior facade composed of brick, stone laid masonry units, stone, cast stone, masonry stucco, decorative concrete, stucco, or masonry fiber cement products. Glazing shall not exceed 40 percent of the front elevation of the residential component of a mixed-use structure. EIFS,wood or vinyl siding materials shall not be used for primary exterior walls. (ii) EIFS Requirements 1. EIFS systems must include a drainage arrangement to help keep moisture from being trapped behind the covering. 2. EIFS only from manufacturers who have a current code evaluation report. (The evaluation report is evidence that the EIFS manufacturer has met certain requirements and has fully tested and evaluated its products.) 3. EIFS only from manufacturers who are members of EIMA. EIMA manufacturer members are required to adhere to minimum industry and ASTM performance standards as well as maintain code compliance reports in the areas in which they do business. 4. Installation of EIFS only by contractors who are trained and listed by the EIFS manufacturer. 5. Submittal of EIFS installation cards are required to confirm installation of the EIFS and sealants in compliance with the EIFS manufacturer's requirements. b. Residential Standards (i) All units shall have a minimum of seventy-five (75) percent of the exterior facade composed of brick, stone laid masonry units, stone, cast stone, masonry stucco, decorative concrete, stucco,masonry fiber cement products, or wood. Glazing shall not exceed 25 percent of the front elevation of the residence. Vinyl siding and EIFS materials shall not be used for primary exterior wall materials. (ii) EIFS Requirements Page 5 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS EXHIBIT "C" L't) lL Zoning Ordinance 1. EIFS systems must include a drainage arrangement to help keep moisture from being trapped behind the covering. 2. EIFS only from manufacturers who have a current code evaluation report. (The evaluation report is evidence that the EIFS manufacturer has met certain requirements and has fully tested and evaluated its products.) 3. EIFS only from manufacturers who are members of EIMA. EIMA manufacturer members are required to adhere to minimum industry and ASTM performance standards as well as maintain code compliance reports in the areas in which they do business. 4. Installation of EIFS only by contractors who are trained and listed by the EIFS manufacturer. 5. Submittal of EIFS installation cards are required to confirm installation of the EIFS and sealants in compliance with the EIFS manufacturer's requirements. c. Appeals Regarding Material The Building Official may grant exceptions to the above minimum standards for new construction when other materials are required to enhance the architecture of the house. However, if the Planning Director, or his/her designee determines a product does not demonstrate the desired architectural style or if the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to The Zoning Board of Adjustments or the Construction Board, respectively. (2) Roofs and Roofing-Roofing Materials All Residential structures shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. All Commercial structures with a pitch greater than 2:12 shall have roofing materials of architectural grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing,or slate roofing shingles. Page 6 EXHIBIT"C" t`a; 7t «, Zoning Ordinance FINIAL BRACKET WINDOW HOOD A decorative terminal form at the A support for a projection, A projecting member above a window that is both structural and top of a feature. typically shaped like an decorative;typically of stone,or cast iron. inverted I. SASH CORNICE 1 Operable frame filled with The projecting member at glass the top of the exterior wall. I i1 fta ..'� ...,* Y74 �` SILL 7-1: H4 -0 '0 t o t t orizontal member immediately + '^'' '� ' _ below the window assembly. UPPER FLOOR The usually non-retail �' � LINTEL volume above the retail € Structural member above a groundfloox;exterior � materials vary. storefront that supports the parapet e _ or upper wall. 2 9 STOREFRONT i ROSETTE III li �.'` F The front exterior wall of €` '. :. Atypically circular motif that secures commercial space, l` „ 1. two cast iron lintels together. typically with large areas €, P '' ' of glass. ' i . mi * i lM DISPLAY BULLIIEA.D COLUMN WINDOW TRANSOM A vertical structural The area between the member. The main areas of clear Upper windows in a storefront; sidewalk and the display glass on a storefront can be operable or fixed,clear or windows;can be of wood, behind which goods are patterned. tile,or metal,or can be arranged.Usually of glazed. polished plate glass. Figure 6-9 Commercial Building Identification (3) Repetition of Unit Design Elevations In order to promote architectural variation a variety of elevations shall be used on all buildings within the South Ballard Overlay District including the placement of the primary entrances, porches, number and placement of windows, and other major architectural features. The facade of each building must contain different building materials,color,or elevation at a minimum of every 50 feet of frontage. In addition,the same material pattern, color, or elevation may not be repeated within 3 facades on the same side of the street or directly on the opposite side of the street. (4) Conservation/Sustainability Page 7 EXHIBIT"C" 1 __ �:,„��,��'xtar Zoning Ordinance Each building must comply with the Energy component of the Building Code. However , all buildings are encouraged to meet the United States Green Building Council (USBGC) standards for Leadership in Energy and Environmental Design (LEED)certification. (5) Building Bulk and Articulation a. Single Family Detached (i) Within the RB, single-family detached dwellings shall not exceed 2,400 s.f. in size and lot size shall not exceed 6,000 s.f. (ii) In order to provide for a variation in building architecture each single family detached home should be designed to reflect a widely accepted architectural period or style that maximizes articulation but is compatible with its surroundings. (iii) Determination of applicability shall be by the Commission with an appeal available through the Zoning Board of Adjustments. b. Single Family Attached,Mixed-Use,and Commercial In order to avoid large blank facades, variations in the facades facing a public street shall be provided in both the vertical and horizontal dimensions and may be achieved through various architectural detailing. (i) Buildings may incorporate decks, upper level setbacks, trellis, dormers and gable roof forms to achieve articulation. (ii) Entrances to buildings shall be emphasized through providing projections,recessed areas,canopies,projections in height,or other architectural elements. (iii) Ground floor facades facing a public street shall have display windows, entry areas, awnings, or other such features along at least 40 percent of their horizontal length. (iv) Cornice added to the top of facade; (v) Display windows with transom windows above and lower window panels below. (vi) Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. (vii) Second floor windows, recessed with multiple lights, lintels, and sills or doors providing access to a second storey balcony. (viii) Buildings on corners which create a diagonal corner cut with the entrance on the corner. (ix) Pediments added to the top of the façade. (x) Decorative architectural detailing on or around the cornice, fascia, pilasters, or around windows. (xi) Use of natural wooden look doors with glass windows. (xii) Projecting canopies and or awnings placed over the ground floor windows and doors ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 8 EXHIBIT"C" Ct;tWocm. IE Zoning Ordinance c. In all cases no building shall have more than two stories with a maximum height of twenty feet per storey. Building Modulation Multiple-paned The details on the upper story add windows interest to this mixed-use building 'r1alb r I �a ( p M frw.^ u'wrwWl . .m %oils � ice'"•Parkin;is Y IItwo"��4111lie 14 a ' ,,r*I`k ia' .:1+ 1, r 1 located at asitrtsi � i • , «`. t4, ion f< , 7�Y1I 9.t. f a ,.�,�> tlrfJ�.l, MiiM� ' the rear-of t!...1.2.., s t�g"Wit i.. _,; �,i, * ' ,fir the .. w. r�""w s 1Ili" ` d± .%' Irkiiiii� � ir Ally Pedestrian-scaled elements including : .. . .i n outdoor eating area and small -_,. ,, arcade make the building relate well to 'hanger in building the sidewalk materials addvisual interest to the structure Figure 6-10 Building Articulation (6) Fencing a. Rear yard fences shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. b. Pressure treated wood is prohibited. c. Front yard fences shall be permitted to a height of 3 feet maximum with 50 percent transparency constructed of wrought iron or a 3' high maximum rock wall or other natural building material,or masonry columns with wrought iron connectors. (7) Outdoor Lighting Page 9 EXHIBIT "C" iE Zoning Ordinance All buildings shall have an illuminated standard porch light at the front and rear entry and the front facade,side and/or rear activity area shall be illuminated by down-light or up-light wired to the interior. (8) Address Numbers All buildings shall have a lighted stone plaque with address beside the main entry of the dwelling unit. Each facade shall have a unique address with suite numbers applying to individual units within the building. (9) Garages(if provided) Garages shall not face the primary street. The primary street would be the addressed street front. Each garage shall be a minimum of 300 square feet. If detached,the garage shall be constructed of materials to match the main structure. 2. Signs PURPOSE: All signs in this section are applicable to the Commercial Boundary of the South Ballard Overlay only and are not appropriate to any other zoning district. The purpose of this section is to regulate the construction of new signs and alterations made to existing signs and to ensure consistency and to make the South Ballard area a desirable area that is pleasing and visually attractive. a. General Provisions: (i) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated signs must be constructed of non-combustible material or approved plastics. (ii) Signs should respect the size,scale and design of the building. (iii) Signs should not obscure significant features of the building. b. Wall Signs (i) The sign area of any one face shall not exceed sixteen(16)square feet in area. (ii) Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed. (iii) The use of a fluorescent color on a sign is prohibited. (iv) No signs may be placed on or adjacent to the public right-of-way. (v) Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. (vi) No sign or portion of a sign shall extend above the cornice line at the top of the building face. Roof top signs are prohibited. (vii) The sign shall adopt the decorative features of the building, utilizing the same materials and colors. (viii) The structural materials of the sign should match the materials of the building. (ix) Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. c. Window Signs Page 10 EXHIBIT"C" LE Zoning Ordinance Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: (i) Window Signs must not obscure more than 20 percent of the window area per facade. (ii) No illuminated Window Signs shall be allowed within two feet of the window surface,except for open/closed signs. d. Awning Signs (i) An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet (6') in height and shall not be placed less than eight feet(8')above the sidewalk. (ii) Artwork or copy on Awning Signs shall be limited to a business name and/or logo. (iii) The artwork or copy for an Awning Sign shall not exceed twenty percent(20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. e. Projecting Signs (i) Signs shall be constructed of noncombustible material. (ii) Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet(2')from the back of the curb line. (iii) Bottom of the sign shall be at least 8 feet above the sidewalk. (iv) Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. (v) Signs shall not exceed sixteen(16)square feet per sign face. f. Canopy Signs (i) A Canopy Sign may be attached to,or be an integral part of the face of a canopy. (ii) A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. (iii) The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy,or a maximum of twenty-five(25)square feet,whichever is greater. (iv) An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. F. Additional Provisions: Refer to additional requirements in Article 7,General Development Regulations. Page 11 EXHIBIT "D" USE REGULATIONS LAND USE CHARTS Buildings,structures and land shall be used only in accordance with the uses permitted in the following Land Use Tables,subject to all other applicable requirements of this ordinance. INTERPRETATION OF LAND USE CHARTS aY, #� 1 t ,; The use is permitted as a principal use in that zoning district by right. Additional requirements for this use may be required and are listed in Section 5.2 Listed Uses,Additional Provisions. "P*" The use is permitted,however special provisions are required when located in this district. These provisions are listed in Section 5.2 Listed Uses,Additional Provisions. "S" The use is permitted in that zoning district only after first obtaining a Special Use Permit(SUP)as set forth in 5.4 Special Use Permits. The use is permitted in that zoning district only after first obtaining a Temporary Use Permit(TUP)as set forth in Section 5.5 Temporary Uses. A blank square means that the use is not allowed in that zoning district as a .rinci.al use. Page 1 DISTRICT ABBREVIATIONS E � R Low-Density Residential Districts AG/30 Agricultural District SF-1A/30 Single Family— 1 Acre Medium Density Residential Districts SF-20/26 Single Family -20 District SF-10/24 Single Family- 10 District High-Density Residential Districts TH Townhouse District MF Multifamily District MH Manufactured Home District Commercial Districts NS Neighborhood Services District CR Community Retail District CC Corridor Commercial District BG Business Government District Industrial District LI Light Industrial District HI Heavy Industrial District Special Purpose and Overlay Districts PD Planned Development District FP Floodplain District DTH Downtown Historic District SBO South Ballard Overlay District RB Residential Boundary CB Commercial Boundary Page 2 Clrym mi1: Zoning Ordinance FIGURE 5-3 LAND USE TABLES Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Residential Commercial Industrial Mixed-Use Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH A.AGRICULTURAL&ANIMAL- NS CR CC BG L I H I DTH SBO RELATED RB CB S 1. Animal Boarding Kennel with S P Outside Pens S 2. Animal Boarding/Kennel without S S P P P Outside Pens p 3. Animal Production p* 4. Commercial Greenhouse or Nursery p* p* S P p p 5. Crop Production S 6. Stable(Commercial) P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 3 I ciiy,,rtiVai r; Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-201 26 SF-10/24 TH MF MH B. RESIDENTIAL& NS CR CC BG L I H I DTH SBO LODGING RB CB p 1. Assisted Living S P S Apartment S S S p 2. Bed&Breakfast Inn S p* P P P p 3. Boarding or Rooming P* p* P P P House 4. Hotel or Motel S P P P P* P p P P P p p p 5. Manufactured Home P P p 6. Manufactured Home Park P 7. Multifamily Dwelling P* p* P P p p 8. Single Family Dwelling, p* p* P P Attached p P P P 9. Single Family Dwelling, P P P Detached P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 4 71/ CRY OiWRI1 Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-201 26 SF-10/24 TH MF MH C.INSTITUTIONAL& NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE RB CB S S S S S S 1. Cemetery or Mausoleum P p P P P p p p 2. Church/House of Worship PP PPPP P P P 3. Civic Center PPPPPP P P S S S 4. College or University SSPPPP P 5. Cultural Arts Facility P* P* P P P P P P S S S S S PS 6. Day Care Facility P* p* P* P P* P* S P* p P P P p p p 7. Group Home PP PPPP P P P 8. Hospital or Sanitarium p P 9. Library PPPPPP P P 10. Mortuary or Funeral Home S P P P* 11.Nursing,Convalescent Home PP or Hospice P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 5 iti l`il$`t)fmill Zoning Ordinance r Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential , AG/30 SF-IA/30 SF-201 26 SF-10/24 TH MF MH C.INSTITUTIONAL& NS CR CC BG L I H I DTH SBO COMMUNITY SERVICE, CONT. RB CB p P P P P P p 12.School(Public or Private) P* p* p* P P* P* P P P Elementary p p p p p P p 13.School(Public or Private) p* p* p* p P* P* P P P Secondary 14.School,Business P P P P P P 15.School,Technical or Trade P P P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 6 rily,*mi;r Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-201 26 SF-10/24 TH MF MH D.OFFICE NS CR CC BG L I H I DTH SBO RB CB 1. Financial Institution S S P P (with drive-thru) 2. Financial Institution p p p p p P P (without drive-thru) 3. General Office p p P P P P P P 4. Medical Clinic p* p P P* P* P P P 5. Government Office p p p p P P P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 7 Cr11( yof WM Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-201 26 SF-10/24 TH MF MH E.RECREATIONAL, NS CR CC BG L I H I DTH SBO ENTERTAINMENT& AMUSEMENT RB CB 1. Commercial Amusement or S P S S P Recreation(Inside) 2. Commercial Amusement or S S S Recreation(Outside) P P P P P P p 3. Community Park,Recreation p p p p p p p Center,or Golf Course (Public) P P P P P P P 4. Country Club or Golf Course S S P P P (Private) S S S S S S 5. Golf Driving Range S S S S p* p* 6. Health Club P* p P P P P P P P P p p p 7. Neighborhood Park or PPPPPP P P Playground 8. Sexually-Oriented Business p* 9. Shooting Range,Indoor S P 10.Theater p P S P P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 8 .. ti'rjW4�� ;i Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10l 24 TH MF MH F.RETAIL,PERSONAL NS CR CC BG L I H I DTH SBO SERVICE& RB CB COMMERCIAL S 1. Animal Clinic or Hospital S P P 2. Automobile Rental S P* P P* P 3. Automobile Repair,Major S S P 4. Automobile Repair,Minor S P P P S 5. Body Art Studio P* P* 6. Car Wash S P P 7. Club or Lodge(Non-profit) p p p P P 8. Contractor's Maintenance S P Yard 9. Dry Cleaning or Laundry, P P P P P P* Drop-Off or Self Service 10. Cleaners(Commercial) S P P 11. Equipment Rental S S S P P 12.Food Processing S P* P P 13.General Merchandise or p P P P* P P Food Store 5,000 s.f.or less P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 9 911 Cirt`0i Mt.rr Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG130 SF-1A130 SF-201 26 SF-10124 TH MF MH F.RETAIL,PERSONAL SVC NS CR CC BG L I H I DTH SBO &COM.,CONT. RB CB 14.General Merchandise or Food S p p P P Store greater than 5,000 s.f. 15.Home Improvement Center, p p p Lumber,Brick,or Building Materials 16.Household Equipment& p P P P P P Appliance Repair 17.Motor Vehicle Fueling Station S p p P P 18.Pawn Shop S P P P P 19.Personal Service Use P P P P P P 20.Restaurant with Drive-in or p* p* p* Drive-through Service 21.Restaurant without Drive-in or p* p* p* P* P* P* Drive-through Service 22.Truck,Machinery&Heavy S P Equipment Sales,Service or Repair 23.Vehicle Display,Sales or p P Service 24.Beer&Wine Package Sales p* p* p* P* P* P* P* P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 10 OP t'irv%`�t�l:i Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-201 26 SF-10/24 TH MF MH G.UTILITY, NS CR CC BG L I H I DTH SBO TRANSPORTATION& RB CB PUBLIC SERVICE 1. Airport,Heliport or Landing Field S P P 2. Animal Shelter P P 3. Commercial Bus Station, S P P Terminal or Service Facility 4. Commercial Radio or TV S S P P Transmitting Station 5. Electric Substation or Gas S P R ulator Station rinlilelipad S S P P p P P P p p p 7. Local Utilities P PPP P P P P P S S S S S P 8. Mounted Antenna P PPP P P P S P p P P P PP 9. Police or Fire Station p PPP P P P P P S S S S P 10.Post Office P PPP P P P S P S 11.Radio,Television or Microwave S S S S Tower 12.Railroad Yard P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 11 lii l-Iryof W,,ul Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG130 SF-IA/30 SF-20/26 SF-10/24 TH MF MH G.UTILITY,TRANS. & NS CR CC BG L I H I DTH SBO RB CB PUBLIC SERVICE,CONT. 13.Sewage Treatment Plant S S S S S S S S 14.Telecommunications Tower SS SSP P 15.Telephone Exchange without S P S P P Shops or Offices p P P P p p p 16.Transit Passenger Shelter PP PPP P P P P S p p 17.Utility or Government S S S P P S S Installation other than listed 18.Water Treatment Plant, P P Reservoir or Water Storage P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 12 iwfrN0rt‘=,i;i. Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-201 26 SF-10/24 TH MF MH H.INDUSTRIAL& NS CR CC BG L I H I DTH SBO MANUFACTURING RB CB 1. Asphalt or Concrete Batch S Plant 2. Industrial(Inside) P P 3. Industrial(Outside) S S 4. Light Assembly&Fabrication p p p S 5. Mining S 6. Printing&Publishing p P P P* P* 7. Salvage or Reclamation of S Products(Inside) 8. Salvage or Reclamation of S Products(Outside) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 13 1 411 CITY rtrkW.i> Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1N 30 SF-201 26 SF-101 24 TH MF MH I. WHOLESALE, NS CR CC BG L I H I DTH SBO DISTRIBUTION&STORAGE CB RB 1. Auto Auction S 2. Contractor's Maintenance Yard P* P P 3. Freight Terminal P 4. Landfill S 5. Livestock Auction Pens or S Sheds 6. Mini-warehouse(Self-storage) S P P 7. Office Showroom/Warehouse S P P P* 8. Outside Storage P P 9. Recycling Collection Center S S S P 10. Warehouse/Distribution Center S P P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 14 t, iti cri ,rt4,,1 il Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH J.ACCESSORY USES NS CR CC BG L I H I DTH SBO RB CB P S 1. Accessory Agricultural Buildings p p p p p p p 2. Accessory Community Center p p p P P P P (Private) p P P P p p p 3. Accessory Game Court p P S P P (Private) 4. Accessory Outside Display of p* p* p* P* P* P Merchandise 5. Accessory Outside Sales p* P* 6. Accessory Outside Storage S P* P* P P S S S p P 7. Amateur Communication Tower p p p P P S p p 8. Caretakers Quarters/Domestic p p p P P P P P or Security Unit p p P p p p 9. Home Occupation P P p 10.Private Stable p P p p p p p 11.Swimming Pod(Private) p p p P P S P S P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 15 IIit CIry of W,,lil Zoning Ordinance Residential Districts PERMITTED USES Non-Residential Districts Low-Density Medium-Density High-Density Commercial Industrial Mixed-Use Residential Residential Residential AG/30 SF-1A/30 SF-20/26 SF-10/24 TH MF MH K.TEMPORARY USES NS CR CC BG L I H I DTH SBO RB CB T 1. Christmas Tree Sales T T T T T T T p p p p p p p 2. Occasional Sale/Garage Sale T T T T 3. Seasonal Sales Stand T T T T T T T T T T T 4. Temporary Concrete or Asphalt T T T T T Batch Plant 5. Temporary Construction Yard, T T T T T T or Construction or Sales Office p T T T T T T 6. Temporary Crop Production T T T T T T T T T T T T T T 7. Temporary Grazing T T T T T T T 8. Temporary Living Quarters 9. Traveling Show,Carnival or T T Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Page 16 ,� Exhibit " E " m / f''° / i r3z V 1 (� � ; ._/ `�. J — i ` .t � ° — r �' j% /� Court /• 141- �. \ a> i ;. ?any C" .• „,.,'� t "= � ': / \ 7,$g • .; x--n "� III a f � � (ate � .� • ,� �}� � �� '� , r .E R C41 i a} 6l&• , j2 3 ' 4 tl il' . A fxd //� Abe!' ° �4 1 it 1.aF *A• Y �i J • .,,,:,. 6/0 : _ , Williams a: ' . 1 P 6. ; ,, ' d . �� c,1 Y�.• ... .., w3 1* it n.x treet Nl ' Terrace 0,4 : �:�� . �� ' �•iitis n T.' -''' lEkikf n �,{ + 1. OTIFICATION MAP OWNER N ZONING CASE #2009-01 = Eo NOTIFICATION REPORT APPLICANT: Doug Connally&Associates,Inc. APPLICATION FILE RP2009-01 11545 Pagemill Road#200 Dallas,Texas 75243 pi]1 BLK/ABST LOT/TRACT t TAX 1.D. # PROPERTY OWNER NAME ADDRESS j Applicant-Mindy Manson 2000 Highway i8 North 1 City Manager for City of Wylie Wylie,Texas 75098 Southside Addn 603 S.Jackson Avenue 2 --- Lot 1 R-1176-000-0010-1 Jerry Campbell Wylie,Texas 75098 Southside Addn 708 S.Ballard Avenue 3 --- Lot 2 R-1176-000-0020-1 Pecan Creek Development Wylie,Texas 75098 Southside Addn PO Box 2103 4 --- Lot 3 R-1176-000-0030-1 HSBC Bank USA Buffalo, New York 14240 Southside Addn PO Box 2103 5 --- Lot 4 R-1176-000-0030-1 HSBC Bank USA Buffalo,New York 14240 Southslde Addn 412 Crepe Myrtle Lane 6 --- Lot 5 R-1 1 76-000-0050-1 Thomas Manuel Murphy,Texas 75094 Southslde Addn PO Box 1476 \- 7 -- Lot 6 R-1176 000 0060 1 Wylie Christian Care Center Wylie,Texas 75098 Southside Addn PO Box 1476 8 -- Lot 7 R-1176-000-0060-1 Wylie Christian Care Center Wylie,Texas 75098 Southside Addn PO Box 1476 9 Lot 8 R-.l 176-000-0080-1 Wylie Christian Care Center Wylie,Texas 75098 Southslde Addn 719 Meadow Lane 10 --- Lot 9 R-1176-000-0090-1 Lometa Hicks Wylie,Texas 75098 Southside Addn 1305 Sheppard Lane 11 -- Lot 10 R-1176-000-0100-1 Jose Luevano Wylie,Texas 75098 Southslde Addn 707 S.Jackson Avenue X 12 -- Lot 11 R-1176-000-0110-1 Lula Hale Wylie,Texas 75098 Southslde Addn PO Box 157 13 --- Lot 12 R-1176-000-0120-1 Christeen Sapp Wylie,Texas 75098 Southslde Addn 711 S.Jackson Avenue X 14 --- Lot 13 R-1176-000-0130-1 MargaretArrtao Wylie,Texas 75098 yy Southslde Addn 713 S.Jackson Avenue Xl 15 --- Lot 14 R-1 176.000-0140-1 Patricia Despain Wylie,Texas 75098 Southslde Addn 2080 Dressage Lane 17 --- Lot 16 R-1176-000-0160-1 J&K Properties,Ltd. Tyler,Texas 75703 _ Southstde Addn 2080 Dressage Lane 18 --- W 1/2 17&E 1/2 18 R-1176-000-0170-1 J&K Properties, Ltd. Tyler,Texas 75703 Southside Addn 1817 Redbud Lane 20 -- W 1/2 18&E 1/2 19 R-1176-000-0190-1 Jose Almedariz Plano,Texas 75074 Southside Addn 703 S.Ballard Avenue 21 -- W 1/2 19&E 1/2 20 R-1176-000-0200-1 L Diane Cuellar Wylie,Texas 75098 Southside Addn 703 S.Ballard Avenue 22 --- 1/1/2 20&all of 21 R-1176-000-0210-1 Sharon Cuellar Wylie,Texas 75098 Southside Addn 703 S.Ballard Avenue 23 -- Lot 22 R-1176-000-0220-1 Sharon Cuellar Wylie,Texas 75098 Southslde Addn 703 S.Ballard Avenue 24 --- Lot 23 R-1176-000-0220-1 Sharon Cuellar Wylie,Texas 75098 Southside Addn 485 Oakway Road 25 --- Lot 24 R-1176-000-0240-1 Sharon Malcom Eugene,Oregon 97401 Southside Addn 485 Oakway Rood 26 --- Lot 25 R-1176-000-0240-1 Sharon Malcom Eugene,Oregon 97401 Southside Addn 208 Stone Road 27 -- Lot 26 R-1176-000-0260-1 Jackie Henderson Wylie,Texas 75098 Southslde Addn 206 Jackson Circle 28 --- Lot 27&w 1/2 28 R-1176-000-0270-1 Louis Cortez Wylie,Texas 75098 Southside Addn PO Box 68 29 --- E 1/2 28&All of 29 R-1176-000-0280-1 Edna Henderson Wylie,Texas 75098 Southside Addn 202 Jackson Circle W X 31 --- Lot 30&W 1/2 31 R-1176-000-0300-1 Joy Prather Wylie,Texas 75098 Southside Addn 710 S.Jackson Avenue 32 --- E 1/2 31 &Ali 32 R-1176-000-0310-1 Loveta Crane Wylie,Texas 75098 Southside Addn 937 Simon Drive 334 --- Lot 41A R-1176-000-0410-1 Gregory Dixon Piano,Texas 75025 Southside Addn 937 Simon Drive 35 --- Lot 42A R-1176-000.0410-1 Gregory Dixon Piano,Texas 75025 Southside Addn 198 Pheasant Run 36 -- Lot 418 R-1176-000-041 B-1 Donna Brldgefarmer Wylie,Texas 75098 Southside Addn 198 Pheasant Run 37 --- Lot 428 R-1176-000-0420-1 Donna Bridgefarmer Wylie,Texas 75098 Southside Addn PO Box 56 CS 38 --- Lot 43 R-1176-000-0430-1 Milford Founders Wylie,Texas 75098 Southside Addn PO Box 56 0 39 — Lot 44 R-1176-000-0440-1 Milford Founders Wylie,Texas 75098 Southside Addn PO Box 56 0 40 --- Lot 45 R-1176-000-0450-1 Milford Founders Wylie,Texas 75098 Southside Addn PO Box 56 41 --- Lot 46 R-1176-000-0460-1 Milford Founders Wylie,Texas 75098 Southside Addn 2000 Highway 78 North 42 -- Lot 47 R-1176-000-0470-1 Ctly of Wylie Wylie,Texas 75098 Southside Addn 2000 Highway 78 North 43 -- Lot 48 R-1176-000-0470-1 City of Wylie Wylie,Texas 75098 Southside Addn 2000 Highway 78 North 44 -- Lots 1/2 37, 38-40 R-1176-000-0400-1 Ctiy of Wylie Wylie,Texas 75098 Southside Addn 2000 Highway 78 North 45 --- Lots 35,36, 1/2 37 R-1176-000-0350-1 ay of Wylie Wylie,Texas 75098 Southside Addn 2000 Highway 78 North 46 --- Lots 33-34 R-1176-000-0330-1 City of Wylie Wylie,Texas 75098 JM Buffer Addn 101 Jackson Circle 47 -- Lot 1A R-1158-000-001A-1 Ernest Ray Wylie,Texas 75098 JM Butter Addn 302 Woodhollow Court 48 --- Lot 1 C R-1158-000-001 C-1 Stacy Brldgefarmer Wylie,Texas 75098 JM Buffer Addn 1906 Baltimore Drive 49 -- Lot 2A R-1158-000-002A-1 Steven Sutherland Allen,Texas JM Buffer Addn 117 Jackson Circle 50 -- Lot 3A R-1158-000-003A-1 Jimmy Coppinger Wylie,Texas 75098 JM Butler Addn PO Box 1254 51 -- Lot 8A R-1158-000-008A-1 , Eduardo Perez Royse City,Teggs 1516' JM Butler Addn 2080 Dressage Lane 52 -- Lot 8B R-1158-000-008B-1 Jeffifer Anderson Tyler,Texas 75703 JM Butler Addn PO Box 1254 53 --- Lot 9 R-1158-000-00BA-1 Eduardo Perez Royse City,Tesas JM Butter Addn 111 College Sheet 54 --- Lot 10 R-1158-000-0100-1 James Munley Wylie,Texas 75098 Calloway Addn 3314 Springweil Parkway 55 Blk 1 Lot lA R-1160-001-001A-1 Lenore Marren Wyse,Texas 75098 Calloway Addn 100 N.First Street 56 Blk 1 18 R-1160-001-001 B-1 First Baptist Church Wylie Wylie,Texas 75098 Calloway Addn 603 S.Jackson Avenue 57 Bik 1 1C R-1160-001-001C-1 Billie Mills Wylie,Texas 75098 CailowayAddn 603 S.Jackson Avenue 58 Blk 1 iD R-1160-001-001D-1 Billie Mills Wylie.Texas 75098 Calloway Addn 100 N.First Street 59 Bik 1 1 E R-1160-001-001 B-1 First Baptist Church Wylie Wylie,Texas 75098 Calloway Addn 607 S.Jackson Avenue 60 Blk 1 1 F R-1160-001-00 i F-1 Billy Eastham Wylie,Texas 75098 Calloway Addn PO Box 128 61 81k 1 1G R-1160-001-001 G-i Betty Atkins Lone Oak,Texas 75453 Calloway Addn 603 S.Jackson Avenue 62 Bik 1 1H R-1160-O01-O01D-1 Blifle Mills Wylie,Texas 75098 Calloway Addn 603 S.Jackson Avenue 63 Blk 1 11 R-i 160-001-001C-1 Billie Mills Wylie,Texas 75098 Calloway Addn 200 S.Westgate Way 64 Blk 1 1J R-i160-001-001J-i Merrill Young Wylie,Texas 75098 Calloway Addn 603 S.Jackson Avenue 65 Blk 1 2A R-1160-001-001C-1 Billie Mills Wylie,Texas 75098 Calloway Addn 603 S.Jackson Avenue 66 Blk 1 28 R-1160-001-001D-1 Billie Mills Wylie,Texas 75098 Calloway Addn 6512 Hwy. 78 68 81k 3 Lot 1 R-1160-003-0010-i Odle Hall Livir�Trust Sachse,Texas 75048 Calloway Addn 604 S.Jackson Avenue 69 BIk 3 2A R-1160-003-002A-1 Edward Baugh Wylie,Texas 75098 Calloway Addn 602 S.Jackson Avenue 70 Blk 3 2B R-1160-003-002E-1 Karl Jones Wylie,Texas 75098 Calloway Addn 604 S.Jackson Avenue 71 BIk 3 3 R-1160-003-002A-1 Edward Baugh Wylie,Texas 75098 Calloway Addn PO Box 924 X 71 81k 3 4A R-1160-003-004A-1 Pinkie Bardin Wylie,Texas 75098 Calloway Addn PO Box 924 72 BIk 3 4B R-1160-003-004A-1 Pinkie Bardin Wylie,Texas 75098 j Calloway Addn 603 S.Birmingham Street - 73 BIk 3 4C R-1160-003-004C-1 Cecil Bardln Wylie,Texas 75098 Calloway Addn PO Box 1333 74 81k 3 4D R-1160-003-004D-1 Renato Tones Wylie,Texas 75098 Calloway Addn PO Box 490 75 BIk 6 lots 1-8 R-1160-006-0010-1 Wylie ISD Wylie,Texas 75098 Buller Addn PO Box 1713 76 BIk A Lot 1 R-1157-001-0010-1 Andres Orduna Wylie,Texas 75098 Butler Addn 1415 Brittany Way 77 BikA 2 R-1157-001-0020-1 Mike Moslener Rockwall,Texas 75087 Butler Addn 310 S.First Street 78 BIk A 3 R-1157-001-0030-1 Edward Marlow Wylie,Texas 75098 Buller Addn 1248 Lynda lane 79 BIk A 4 R-1157-001-0040-1 Robert King Wylie,Texas 75098 Buller Addn 401 S.Ballard Avenue 80 Blk A 5 R-1157-001-0050-1 Rosemary Rains Wylie,Texas 75098 Butler Addn 4209 County Club Drive 81 BIk A 6 R-1157-001-0060-1 Krovlak Kompanles,LC Plano,Texas 75074 Butler Addn 4209 County Club Drive 82 Bik A 7 R-1157-001-0060-1 Krovlak Kompanles,LC Plano,Texas 75074 Buffer Addn 4209 County Club Drive 83 BIk A 8 R-1157-001-0060-1 Krovlak Kompanles,LC Plano,Texas 75074 Butler Addn 4209 County Club Drive 84 81k A 9 R-1157-001-0060-1 Krovlak Kompanles, LC Plano,Texas 75074 Butler Addn 4209 County Club Drive 85 Bik A 10 R-1157-001-0060-1 Krovlak Kompanles,LC Plano,Texas 75074 Butler Addn 503 S.Ballard Avenue 86 Blk A 11 R-1157-001-0110-1 Bobby Braley Wylie,Texas 75098 Butler Addn 100 Thompson Drive 87 BIk A 12A R-1157-001-012A-1 Ed Smith Richardson,Texas 75080 Butler Addn 100 Thompson Drive 88 BIk A 128 R-1157-001-0128-1 Ed Smith Richardson,Texas 75080 Butler Addn 100 Thompson Drive 89 Bik A 13A R-1157-001-0128-1 Ed Smith Richardson,Texas 76080 Butler Addn 100 Thompson Drive 90 Bik A 138 R-1157-001-0138-1 Ed Smith Richardson,Texas 75080 Buller Addn 100 Thompson Drive 91 BIk A 14 R-1157-001-0138-1 Ed Smith Richardson,Texas 75080 Butler Addn 100 Thompson Drive 92 Blk A 15A R-1157-001-015A-1 Ed Smith Richardson,Texas 75080 Butler Addn 100 Thompson Drive 93 Blk A 158 R-1157-001-0138-1 Ed Smith Richardson,Texas 75080 Butler Addn 100 Thompson Drive 94 BIk A 16 R-1157-001-0160-1 Ed Smith Richardson,Texas 75080 " Butler Addn PO Box 1476 X 95 BIk A 17 R-1157-001-0170-1 Wylie Christian Care Center Wylie,Texas 75098 Keller's l st Addn 3506 Glenbrook Drive 96 81k 5 Lot 1 R-1166-005-0010-1 Bobbie Williams Garland,Texas 75041 Keller's 1st Addn 3506 Glenbrook Drive 97 BIk 5 2 R-1166-005-0010-1 4 Bobble Williams Garland,Texas 75041 Keller's 1st Addn 3506 Glenbrook Drive 98 Blk 5 3 R-1166-005-0010-1 Bobble Williams Garland,Texas 75041 Keller's 1st Addn 3506 Glenbrook Drive 99 81k 5 4 R-1166-005-0010-1 Bobbie Williams Garland,Texas 75041 Keller's 1st Addn 1614 Paisley Drive 100 81k 5 5 R-1166-005-0050-1 Barbara Marlin Arlington,Texas 76015 Keller's 1st Addn 1614 Paisley Drive 101 Blk 5 6 R-1166-005-0050-1 Barbara Martin Arlington,Texas 76015 Keller's 1st Addn 1614 Paisley Drive 102 BIk 5 7 R-1166-005-0050-1 Barbara Martin Arlington,Texas 76015 Keller's 1st Addn 1614 Paisley Drive 103 Blk 5 8 R-1166-005-0050-1 Barbara Martin Arlington,Texas 76015 Keller's 1st Addn PO Box 40 X. 104 BIk 5 9 R-1166-005-0090-1 John Yeager Wylie,Texas 75098 Keller's 1st Addn PO Box 40 105 BIk 5 10 R-1166-005-0090-1 John Yeager Wylie,Texas 75098 Keller's 1st Addn 3506 Glenbrook Drive 106 Blk 5 11 R-1166-005-0110-1 Bobble Williams Garland,Texas 75041 Keller's 1st Addn 3506 Glenbrook Drive 107 BIk 5 12 R-1166-005-0110-1 Bobble Williams Garland,Texas 75041 Keller's 1st Addn PO Box 40 14. 108 81k 6 Lot 1R R-1166-006-001 R-1 John Yeager Wylie,Texas 75098 �( Keller's 1st Addn PO Box 40 tL 109 Blk 6 3 R-1166-006-0030-1 John Yeager Wylie,Texas 75098 Keller's 1st Addn PO Box 40 X 111 Blk6 4 R-1166-006-0040-1 John Yeager Wylie,Texas 75098 Keller's 1st Addn PO Box 1300 112 BIk 6 5 R-1166-006-0050-1 Land Tex Inc. Wylie,Texas 75098 Keller's 1st Addn PO Box 1300 114 BIk 6 6 R-1166-006-0060-1 Land Tex Inc. Wylie,Texas 75098 Keller's 1st Addn PO Box 1300 115 Blk 6 7 R-1166-006-0060-1 Land Tex Inc. Wylie,Texas 75098 Keller's 1st Addn PO Box 1300 116 BIk 6 8 R-1166-006-0060-1 Land Tex Inc. Wylie,Texas 75098 Keller's 1st Addn PO Box 97 117 61k 7 Lot 1 R-1166-007-0010-1 First Assembly of God Wylie,Texas 75098 Keller's 1st Addn PO Box 97 118 Blk 7 2 R-1166-007-0020-1 First Assembly of God Wylie,Texas 75098 Keller's 1st Addn PO Box 97 119 Blk 7 3 R-1166-007-0030-1 First Assembly of God Wylie,Texas 75098 , Keller's 1st Addn PO Box 181 120 Bik 7 4 R-1166-007-0040-1 Pauline Maples Wylie,Texas 75098 Keller's 1st Addn PO Box 97 121 Blk 7 8R R-1166-007-008R-1 First Assembly of God Wylie,Texas 75098 Keller's 1st Addn 500 S.Ballard Avenue 122 Blk 8 Lot 1 R-1166-008-0010-1 Jodi Hines Wylie,Texas 75098 Keller's 1st Addn 500 S,Ballard Avenue 123 81k 8 2 R-1166-008-0010-1 Jodi Hines Wylie,Texas 75098 Keller's 1st Addn 2316 Ingram Road 124 Bik 8 3R R-1166-008-003R-1 Jose Orozco Sachse,Texas 75048 Keller's 1st Addn ' 504 S,Ballard Avenue 125 Bik 8 5 R-1166-008-0050-1 Mark Bouchard Wylie,Texas 75098 Keller's 1st Addn 504 S.Ballard Avenue 126 Bik 8 6 R-1166-008-0050-1 Mark Bouchard Wylie,Texas 75098 Keller's 1st Addn 111 College Street 127 Blk 8 7 R-1166-008-0070-1 James Munley Wylie,Texas 75098 Keller's 1st Addn 111 College Sheet 128 Bik 8 8 R-1166-008-0070-1 James Munley Wylie,Texas 75098 Keller's 1st Addn PO Box 430 129 81k 8 9 R-1166-008-0090-1 Unity Partners,Inc. ` Wylie,Texas 75098 Keller's 1st Addn PO Box 52 130 elk 8 10 R-1166-008-0100-1 Joseph Farmer Josephine,Texas 75164 Keller's 1st Addn 4209 Country Club Drive 131 Bik 8 11 R-1166-008-0110-1 Ken Krovlak Piano,Texas 75074 Keller's 1st Addn 4209 Country Club Drive Blk 8 12A R-1166.008-012A-1 Ken Kroviak Plano,Texas 75074 Keller's 1st Addn 4209 Country Club Drive 132 Bik 8 12B R-1166-008-0128-1 Ken Krovtak Piano,Texas 75074 Railroad Addn PO Box 56 133 Bik 32 Lot 7 R-1169-032-0070-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 0 134 81k 32 8A R-1169-032-008A-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 135 Blk 32 88 R-1169-032-008A-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 136 Blk 32 9 R-1169-032-008A-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 '+' 137 Blk 32 10 R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 (4� Railroad Addn PO Box 56 138 Bik 32 11A R-1169-032-0100 1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 139 Bik 32 11 B R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 140 BIk 32 12 R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 141 Bik 32 13A R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 142 Blk 32 13B R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 143 Bik 32 14 R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 56 'L,,144 Bik 32 15 R-1169-032-0100-1 Milford Founders Wylie,Texas 75098 Railroad Addn PO Box 3067 145 Bilk 33 Lot lAR R-1169-033-01AR-1 State of Texas Dallas,Texas 75221 Railroad Addn 2000 Highway 78 North 146 Bilk 33 2A R-1169-033-001A-1 City of Wylie Wylie,Texas 75098 Railroad Addn 951 Briar Oak Drive `147 Bilk 33 2B R-1169-033-0028-1 The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn 2000 Highway 78 North 148 Bilk 33 3A R-1169-033-001A-1 City of Wylie Wylie,Texas 75098 Railroad Addn 951 Briar Oak Drive 149 Bilk 33 38 R-1169-033-0028-1 The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn 2000 Highway 78 North 150 Bilk 33 4A R-1169-033-001A-1 ay of Wylie Wylie,Texas 75098 Railroad Addn 951 Briar Oak Drive 151 Bilk 33 48 R-1169-033-0048-1 The Belly Brown Family Trust Rockwall,Texas 75087 Railroad Addn 951 Briar Oak Drive 152 Bilk 33 4C R-1169-033-002E-i The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn 951 Briar Oak Drive 153 Bilk 33 5A R-1169-033-004E-1 The Belly Brown Family Trust Rockwall,Texas 75087 Railroad Addn 951 Briar Oak Drive 154 Bilk 33 58 R-1169-033-0028-1 The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn 951 Briar Oak Drive 155 BIlk 33 6A R-1169-033-004E-1 The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn 951 Briar Oak Drive 156 Bilk 33 68 R-1169-033-0028-1 The Betty Brown Family Trust Rockwall,Texas 75087 Railroad Addn PO Box 270122 157 Bilk 33 7 R-1169-033-0070-1 Maha Ayoubi Flower Mound,Texas 75027 Railroad Addn PO Box 56 158 BIk 34 Lot 1 R R-1169-034-001 R-1 LPT&T Wylie,Texas 75098 Railroad Addn 304 S.Ballard Avenue 159 Bik 34 2R R-1169-034-002R-1 Keith Teague Wylie,Texas 75098 Railroad Addn PO Box 1132 160 BIk 34 8 R-1169-034-0080-1 Tommy Pulliam Wylie,Texas 75098 Railroad Addn 101 E.Butler Street 161 Bik 34 9A R-1169-034-0090-1 Hallak Family Trust Wylie,Texas 75098 Railroad Addn PO Box 1132 162 Bik 34 9B R-1169-034-0080-1 Tommy Pulliam Wylie,Texas 75098 Railroad Addn 101 E.Butler Street 163 BIk 34 10 R-1169-034-0090-1 Hallak Family Trust Wylie,Texas 75098 Railroad Addn 1408 Spring Creek Drive 164 Bik 35 Lot 1 R-1169-035-0010-1 Oliver Forbes,LLC Yukon, Oklahoma 73099 American Nat'l Bank 102 W.Moore Avenue 165 Bik 1 Lot 1 R-8109-001-0010-1 American National Bank Terrell,Texas 75160 Fountain Plaza PO Box 1175 166 Bik 1 Lot 31A R-8027-001-31AR-1 Wylie Fountain Plaza,LLC Wylie,Texas 75098 Meadows of Wylie 1185 Lynne Lane 167 --- Lot 5 R-1852-000-0050-1 Reyes Silva Allen,Texas 75002 Meadows of Wylie 505 W.Stone Circle CI — 28 _ R-1852-000-0280-1 Mary Stamm Wylie,Texas 75098 Meadows of Wylie 503 E.Stone Circle 169 -- 29 R-1852-000-0290-1 Carol Shoop Wylie,Texas 75098 Meadows of Wylie 501 E.Stone Circle 170 — 30 R-1852-000-0300-1 Debbie Pruitt Wylie,Texas 75098 Holiday Terrace PO Box 1175 171 Bik 6 Lot 13 , R-1165-006-0130-1 Ronald Nall Wylie,Texas 75098 Lavon Terrace 841 Crestview Lane 172 Blk A Lot 1 R-1168-001-0010-1 Russell Davis Wylie,Texas 75098 Lavon Terrace 302 First Street 173 Bik A 2 R-1168-001-0020-1 Scott Hartmann Wylie,Texas 75098 Lavon Terrace 304 S.First Steet 174 81k A 3 R-1168-001-0030-1 Thomas Nicklas Wyile,Texas 75098 Lavon Terrace 306 S.First Street ,175 Bik A 4 R-1168-001-0040-1 Cyndy Husbands Lavon Terrace Wylie,Texas 75098 7201 Angel Fire Drive 176 Blk A 5 R-1168-001-0050-1 Mary Cryer Plano,Texas 75025 Lavon Terrace 310 S.First Street 177 Bik A 6 R-1168-001-0060-1 Edward Marlow Wylie,Texas 75098 Lavon Terrace 310 S.First Street 178 Blk A 7 R-1168-001-0060-1 Edward Marlow Wylie,Texas 75098 Lavon Terrace PO Box 1138 179 Bik A 8 R-1168-001-0080-1 Jerry Tyler Greenville,Texas 75403 Lavon Terrace 314 S.First Street 180 Blk A 9 R-1168-001-0090-1 Cletus Dorris Wylie,Texas 75098 Lavon Terrace 316 S.First Street 181 Blk A 10 R-1168-001-0100-1 Jonathan Luppiace Wylie,Texas 75098 Lavon Terrace 318 S.First Street 182 Blk A 11 R-1168-001-0110-1 Justin Coleman Wylie,Texas 75098 Lavon Terrace 320 S.First Street 183 Blk A 12 R-1168-001-0120-1 John WI Kelsey Estate Wylie,Texas 75098 Lavon Terrace 2339 Rock Ridge Road 184 Blk A 13 R-1168-001-0130-1 Ronald Gentry Allen,Texas 75002 Lavon Terrace 324 S.First Street 185 Blk A 14 R-1168-001-0140-1 Carole Harris Wylie,Texas 75098 Lavon Terrace 326 S.First Street 186 Bik A 15 R-1168-001-0150-1 Charles Strous Wylie,Texas 75098 Lavon Terrace 227 Cloudcroft Drive 187 Bik A 16 R-1168-001-0160-1 Trinl Paredes Wylie,Texas 75098 Lavon Terrace 330 S.First Street 188 BIk A 17 R-1168-001-0170-1 Jesus Dominguez Wylie,Texas 75098 Lavon Terrace 332 S.First Street 189 BIk A 18 R-1168-001-0180-1 Talon Hester Wylie.Texas 75098 Lavon Terrace 334 S.First Street 190 81k A 19 R-1168-001-0190-1 Antonio Martinez Wylie,Texas 75098 Lavon Terrace 400 S.First Street 191 81k A 20 R-1168.001-0200-1 JBSK Lloyd Family Ltd Ptshlp Wylie,Texas 75098 Lavon Terrace 402 S.First Street 192 BIk A 21 R-1168-001-0210-1 Bryan Russell Wylie,Texas 75098 Lavon Terrace 1520 Northwest Loop 323,#323 193 81k A 22 R-1168-001-0220-1 James Allen Tyler,Texas 75702 Lavon Terrace 2312 Broken Point 194 BIk A 23 R-1168-001-0230-1 Sammy Phillips McKinney,Texas 75070 Lavon Terrace 815 La Colina 195 BIk A 24 R-1168-001-0240-1 Marco Hernandez Wylie,Texas 75098 Lavon Terrace PO Box 2075 196 81k A 25 R-1168-001-0250-1 Russell Davis Wylie,Texas 75098 Lavon Terrace 2080 Dressage Lane 197 BIk A 26 R-1168-001-0260-1 J&K Properties,Ltd. Tyler,Texas 75703 Lavon Terrace 414 S.First Street 198 BIk A 27 R-1168-001-0270-1 James Clifton Wylie,Texas 75098 Lavon Terrace 416 S.First Sheet 199 81k A 28 R-1168-001-0280-1 Steven Alferlo Wylie,Texas 75098 Lavon Terrace 418 S.First Street 200 Bik A 29 R-1168-001-0290-1 Phyllis Taylor Wylie,Texas 75098 Lavon Terrace 301 S.First Street 201 BIk B Lot 1 R-1168-008-0010-1 Rosa Jones Wylie,Texas 75098 lavon Terrace 303 S.First Street 202 81k B 2 R-1168-008-0020-1 William Funk Wylie,Texas 75098 Lavon Terrace 303 S.First Street 203 Bik B 3A R-1168-00B-0020-1 William Funk Wylie,Texas 75098 Lavon Terrace 305 S.First Street 204 81k B 36 R-1168-008-0038-1 Jimmy Lewis Wylie,Texas 75098 Lavon Terrace 2312 Fulton 205 BIk B 4A R-1168-008-004A-1 Gerald Hanley Mesquite,Texas 75150 Lavon Terrace 305 S.First Street 206 81k 8 48 R-1168-00B-003B-1 Jimmy Lewis Wylie,Texas 75098 Lavon Terrace 2312 Fulton X207 81k 8 5 R-1168-00B-004A-1 Gerald Hanley Mesquite,Texas 75150 Lavon Terrace 309 S.First Sheet 208 BIk B 6 R-1168-00B-0060-1 Thomas Akin Wylie,Texas 75098 Lavon Terrace 311 S.First Street 209- BIk B 7 R-1168-008-0070-1 David Tyler Wylie,Texas 75098 Lavon Terrace 313 S.First Street 210 Bik B 8 R-1168-008-0080-1 Seliana-Made Williams Wylie,Texas 75098 Lavon Terrace 222 Hilside Drive 211 81k 8 9 R-1168-008-0090-1 Jose Oilvares Wylie,Texas 75098 Lavon Terrace PO Box 22 212 Bik B 10 R-1168-006-0100-1 Tallant Rentals,LLC Lavon Texas 75166 Lavon Terrace 319 S.First Street 213 Bik B 11 R-1168-008-0110-1 Brian Jones Wylie,Texas 75098 Lavon Terrace 321 S.First Street 214 Bik B 12 , R-1168-00B-0120-1 Jeffrey Jones Wylie,Texas 75098 Lavon Terrace 323 S.First Street 215 Bik 8 13 R-1168-00B-0130-1 - Denese Davis Wylie,Texas 75098 Lavon Terrace 4000 N.Central Expy#9 216 Blk B 14 R-1168-008-0140-1 Roberto Sanchez Plano,Texas 75074 Lavon Terrace PO Box 461751 217 Bik 8 15 R-1168-008-0150-1 Robert Cooper Garland,Texas 75046 Lavon Terrace PO Box 22 218 Blk B 16 R-1168-008-0160-1 Taliant Rentals,LLC Lavon Texas 75166 Lavon Terrace 2503 Meadowlark lane 219 81k B 17 R-1168-008-0170-1 Kenneth Lawrence Wylie,Texas 75098 Lavon Terrace 333 S.First Street 220 Bik B 18 R-1168-008-0180-1 Jerry Welch Wylie,Texas 75098 Lavon Terrace 335 S.First Street 221 Blk B 19 R-1168-008-0190-1 Lavona Schutteman Wylie,Texas 75098 Lavon Terrace 401 S,First Street 222 Bik B 20 R-1168-008-0200-1 Richard Alba Wylie,Texas 75098 Lavon Terrace 403 S, First Street 223 Bik B 21 R-1168-008-0210-1 Kenneth Clyden Wylie,Texas 75098 Lavon Terrace 405 S.First Street 224 Bik B 22 R-1168-008-0220-1 Paciencia Gipson Wylie,Texas 75098 Lavon Terrace 2912 Glendale Drive 225 Bik 8 23 R-1168-000-0230-1 Bryan Boren Wylie,Texas 75098 Lavon Terrace 409 S.First Street 226 Bik 8 24 R-1168-008-0240-1 Brenda Baker Wylie,Texas 75098 Lavon Terrace 411 S.First Street 227 Bik 8 25 R-1168-008-0250-1 Robert Russell Wylie,Texas 75098 Lavon Terrace 413 S.First Street 228 Bik 8 26 R-1168-008-0260-1 Jeanette Craw Wylie,Texas 75098 Lavon Terrace 4708 Mercantile Drive N. 229 Blk B 27 R-1168-008-0270-1 Deutsche Bank Nall Trust Fort Worth,Texas 76137 Lavon Terrace 417 S.First Street 230 Bik B 28 R-1168.008-0280-1 Salvador Almendarez-Mreles Wylie,Texas 75098 Lavon Terrace 1304 Parker Road 231 Bik B 29 R-1168-008-0290-i Billy Davis Wylie,Texas 75098 Inwood Nall Bank Addn 7621 Inwood Road Ste. 100 Blk A Lot 1 R-8489-00A-0010-1 Inwood National Bank Dallas,Texas 75209 Railroad Industrial Pk 1088 W.Marble Street --- Lot 2R R-1482-000-002R-1 Wylie industrial Court Dev.Ltd. Wylie,Texas 75098 PO Box 56 232 Abst 23 Tract 29 R-6023-000-0290-1 Melvin St.John&Milford Fndrs Ltd Wylie,Texas 75098 PO Box 307 233 Abst 820 Tract 39 R-6820-000-0390-1 Wylie CYPP Properties,Ltd. Wylie,Texas 75098 2080 Dressage Lane 234 Abst 920-2 Tract 62 R-6920-002-0620-1 Jennifer Anderson Tyler,Texas 75703 703 S.Ballard Avenue 235 Abst 920-2 63 R-6920-002-0630-1 Eliseo Cuellar Wylie,Texas 75098 PO Box 1333 236 Abst 920-2 64 R-6920-002-0640-1 Alejandro Tones Wylie,Texas 75098 PO Box 1333 237 Abst 920-2 65 R-6920-002-0650-1 Renato Tones Wylie,Texas 75098 1304 Parker Road 238 Abst 920-2 66 R-6920-002-0660-1 Billy Davis Wylie,Texas 75098 PO Box 1333 239 Abst 920-2 67 R-6920-002-0670-1 Antonia De Tones Wylie,Texas 75098 1304 Parker Road 240 Abst 920-2 68 R-6920-002.0680-1 Billy Davis Wylie,Texas 75098 mmiumulor. g .7A4,1 _A-dr: of F.. I Aro 7,0 I I PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested zoning as explained on the attached public notice for Zoning Caw#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: t J PAri a. (please print)) Address: 'Lc) J S . 1. J,h;p. / 0\ _. k& Signature: —t.„....4 i / Date: '3 ( k 4 I 07 COMMENTS: 1 . 14 j4/1LP :4— 0.14-7%—k--. CAM lit... 84 P. 1.1,1-4tte s geA.ttijit'e 51)_4•A , ' ______ ___11,. i_ ___.2,11.4"..j*ekalkiiid, / ' ' PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 412009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: ` !`/t!'rig F'�(' ) RJ (please p1() ni) t� r�� Address: /C7t"14 .igt'lgl. y 4//✓P,t�-.� Signature: Date:/ 3 ' CO NTS:,E ei',/yt .191/2, . # i � �r'L l Jo _ c j `'tL c��t �z PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 Vi am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-0I. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: L-'"t,,q/d ;{/L7 (please print) Address: 2 3/ z. 12 -T PAI Signature: -�� ,,c/ Date: Ø :JI COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning(".asp#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning 8t Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: )Qclt L914N 41 neS (please print) Address: 5,0 n S, l i c vd AAR.MU_ • Signature: -";xpct.x• ,v�v►�1/��—"'T Date: �3 11 e/ Za09 COMMENTS: t do Di- vv2i t Ci.vvvrntvtczl btulla+v,5s 50%ti5 t,4.,p av444 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-0I. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: M I t©mod.. 1a u n d.t r s (please print) Address: f, o. I v X 5(a w1 1 t 'Tx 15 0./ 8 Signature: R..0 Z k t.' J. 4 5 Date: 3 - 1 -- 09' COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ffir 14 ti c ' A ME S-Vr`I't t�( (please print) Address: 7/g So. A-c 1. 5 o r+o s-r. \iJy], a Signature: Date: . S—0 7 COMMENTS: �r ,e1_ F'2-a.3 ''d.._1:A'�.s�`'. a.•y e 4. 77 uY Fmk 4 4 dS`Ld ) i b1 (_ 6-rLC U la 0, r. (9 '7U"64..t t 1r-»tl 1..47ui; �J �u-�s�-.y '--- ( i;•c.�lr.,.� La; +'�.'Y S2Grf�- "=f' �-t'1., 7_7,• .C�.. Gan/ate. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-0 1. t1 I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: J ry y (please print) f 1 Address: 7Z-O —7 -A 01-- k. b i' t,J & 7-2r 7_5"0 Signature: Date: 3- Z- /-- w✓+ , COMMENTS: 1 I GtU�e4� /YYu'f 441TVL.Q '� /*L-21 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 VI am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 44 4--Li G it /9 (pledse print Address: 95 Wit cog; Signature: r t/ (2.67 Date: -- iX V-0 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 �----� I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / A"/'L7 ems'F% ,�',e/6 l (please print) Address: 7/f s. ,1�-c4 s aA2 ll�iJLl % 7SD9ce Signature: r G Date: 3 7 D COMMENTS: G �� -Ida/ G�f�lL1��, �v' Ia2f�a4 ' lam'di?L�.. d/y44 i J ate_ ,. / : - v JJ_�- ��Jg> PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. X_ I am AGAINST the requested zoning as explained on the attached public notice for Zoning Caw#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,Apri128,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: -t-►' R-. CL:- U E'L1 (please print)Address: L7 l y S• f 5/r .e el (,4✓,) 1,`?r ite)r As C34? Signature: e11Z13 9 I" } Date: 37 19/a COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested Inning as explained on the attached public notice for Zoning Case#2009-01. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ,fn{ o"1,1; !c!9 - Oi vk efr ease print) ff Address: 4 b 65© pi, ) h Iry Signature: j de404— Date: Z~G COMMENTS: (° _ j 1 j,4i2 ee 7M4C7s OF / 6'.9sPfl 0 Al T!e / /u Ad 4;-r ,0 s P.) i U 7i 4-e- CITY OF WYLIE ,ee c#'e" o __t_ '� 4' �¢ 1 ,c-, e. cpc ti c.P.Pa`-7, March 27, 2009 Dear Wylie Property Owner, The purpose of this letter is to offer additional information on the upcoming proposed zoning amendment in regards to the South Ballard Overlay District (SBOD). Recently, you should have received a formal letter that was sent out to all property owners within 200 feet of the proposed boundaries of the SBOD as required by law. However, staff felt it advantageous to send a less formal letter that would provide more detailed information of the proposal and assure residents of the City's intention. First, I would say that this area has been identified by the City as a valuable area worthy of rejuvenation. Currently, there are a number of vacant properties, and structures that are in poor condition. Through this rejuvenation it is our hope that the South Ballard area becomes a stable, vibrant source of pride for all of Wylie. The area currently consists of a mixture of uses, including single family residential,multifamily residential and commercial uses. The proposed amendment will allow for a broad mixture of compatible uses and provides special development and design standards that create a multi-use, pedestrian friendly, sustainable place, that will enhance the architectural character of the area and be compatible with the Historic Downtown. It is very important for all affected citizens to understand that the lawful use of any buildings structure or land existing prior to adoption of this amendment may continue. As a reminder, this item will be considered by the Planning Commission on April 7th at 6:30 pm and by the City Council on April 28th at 7:00 pm in the Council Chambers at City Hall. This is a public hearing and your attendance and comments are welcomed and encouraged. Sincerely, Renae' 011ie,Planning Director PLANNING AND ZONING 2000 Hwy 78 N(Behind City Hall) • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 l am FOR the requested zoning as etained on the attached public notice for Zoning Case#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#12009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: :44. �" ll1Y 661.4)-7;x le print) / Address: r 10 A 1•- l%0 1'17 7,5-09r Signature: 45 Date: ,—�k COMMENTS: ) 72;7 ir 4,16_11 c1 tu "t S 11t l l" xT /pp v J l T i ' k t 1.So 51"D t Yo r sS PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. KI am AGAINST the requested zoning as explained on the attached public notice for Zoning Cam#2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas /�f O'T G/L/S r, �f/r cr 2 r'u) t' ( 2// G G 7�dL /� Name: 5cc'/9'5/a , &':7 ' 7L04 (please print) Address: Signature: Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 42009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm �z/ Municipal Complex,2000 Highway 78 North,Wylie,Texas f.�6/2[s f,/3',,,d ( 1.7Le Name: r' o r 7 Se'it'"Ncr..�E' (please print) Address: Signature: Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 f I am FOR the requested zoning as explained on the attached public notice for Zoning Case it2009-01_ T` I am AGAINST the requested zoning as explained on the attached public notice for Zoning('as*W2009-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 7,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 28,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: -50 7-71E4,Y 78 (please print) Address: Signature: /et—IL Date: COMMENTS: EXHIBIT"F" EXISTING LOT SIZES ZC2009-01 ADRESS DEPTH LENGTH TOTAL 207 College 122.5 269 32,891 1st Assembly-Sanctuary 509 Birmingham 182.5 71 12,958 603 Birmingham 182 75 13,650 605 Birmingham 217 138 29,946 701 Birmingham 140 101 14,140 211 Citizens 140 75 10,430 205 Citizens 140 51 7,140 203 Citizens 140 51 7,070 VACANT 213 Citizens 140 41 5,740 700 Jackson 140 74 10,360 VACANT 210-212 Kirby 142.5 75 10,688 208 Kirby 142 70 9,940 206 Jackson Cir 140 76 10,640 VACANT 204 Jackson Cir 140 70 9,800 202 Jackson Cir 140 77 10,710 710 Jackson 140 68 9,520 117A Jackson Cir 145 44 6,380 117 Jackson Cir 125 42 5,250 115 Jackson Cir 125 90 11,250 113 Jackson Cir 125 39 4,875 VACANT 101 Jackson Cir 125 45 5,625 713 Jackson 125 48 6,000 711 Jackson 125 47 5,875 709 Jackson 125 45 5,625 707 Jackson 125 55 6,875 705 Jackson 125 55 6,875 703 Jackson 125 52 6,500 701 Jackson 125 49 6,125 VACANT 607 Jackson 153 73 11,169 605 Jackson 153 45 6,885 603 Jackson 140 64 8,960 601 Jackson 140 66 9,240 509 Jackson 131 69 9,039 VACANT 503 Jackson 131 60 7,860 501 Jackson 131 75 9,825 111 College 67 67 4,489 105 College 67 67 4,489 203 College 132 65 8,580 VACANT- 1st Assembly 502 Jackson 132 67 8,844 VACANT- 1st Assembly 504 Jackson 132 67 8,844 1st Assembly Structure 506 Jackson 132 70 9,240 600 Jackson 132 93 12,276 602 Jackson 132 54 7,128 604 Jackson 132 135 17,820 Total Parcels 44 Parcels less than or equal to 6,000 s.f. 9 Less than 7,500 but greater than 6,000 9 Greater than or equal to 10,000 s.f. 14 Current zoning requirement Parcels between 7,500 and 10,000 s.f. 12 ORDINANCE COMPARISON EXHIBIT"G" CURRENT ORDINANCE PROPOSED ORDINANCE Street&Sidewalk Standards Commercial Standards Sidewalks 4'meandering 10' Trees along pathway 30'-40'o.c. 50'o.c..Up-lighting required. Landscape buffer 10' S'if 15'front setback,otherwise 10' _ Size of tres 3'caliper 3"caliper Landscaping of Street frontages Desired:Rockwall/benches/or other elements Required:pavers(01 crosswalks/intersections Mailbox no requirement. Cluster Mailbox Units Residential Standards Sidewalks 5'meandering 6' Trees along pathway 2 trees,5 shrubs No requirement. Landscaping of Street frontages decorative pavers Same Lighting&furnishings i sidewalks decorative pavers;benches every 1/2 mi when adj to open space Site Design Standards Commercial Standards Building Placement 25'front;10'Rear 5'or 10'Front,15'Rear Parking Placement Side&rear to extent possible Min.25%on site placed at least 10'behind front facade Parking Material Concrete Concrete,pavestones,grasspavers,asphalt subject to Engr approval. Loading areas Not visible from public street or must be screened w/masonry If provided,must be located in parking area nearest the rear of building.Required screening must match exterior material of bldg. Landscaping 20%of site in front yard.No side or rear unless located adjacent to 10%of site.Not req'd in side if pathway is provided for the purpose of pedstrian access.Shrubs and at residential or across the street from residential. least one flowering tree for every 50 linear feet of planting area in the rear of the building. Residential Standards Building Placement 25'front,25'Rear 5'Front,15'Rear Parking/Garage No doors facing primary street None specified. Parking Material Concrete Concrete,pavestones,grasspavers,asphalt subject to Engr approval. Landscaping Established front lawn,minimum 2 trees&5 shrubs in front yard. Same Architectural Standards Commercial Standards Exterior Materials 100%brick,with 20%stone. 75%masonry product.EIFS,wood or vinyl allowed as accent materials. Roofing Material Greater than 2:12 pitch shall have roofing materials of architectural Same grade dimension asphalt shingles, concrete or Gay roofing tiles, standing seam metal roofing,or slate roofing shingles. Repetition of Design Copy architectural styles,details,design theme,materials within 200'The facade of each building must contain different building materials,color,or elevation at a minimum of of a comer. every 50 feet of frontage.In addition,the same material pattern,color,or elevation may not be repeated within 3 facades on the same side of the street or directly on the opposite side of the street. Building Articulation 25%of facade offset by 4'. Emphasized entrances. Ground floor Wider variety of ways to achieve articulation(i.e.,decks, upper level setbacks,trellis, dormers, etc.). facades require special features along 60%of length of bldg. Ground floor facades require special features along 40%of length of bldg. Building Height No more than 4 stories with total height limited to 50'. No more than 2 stories with max height of 20'per story. Fencing None specified. 8'max.wood wi metal post for side&rear.3'max.wrought iron w/50%transparency,or 3'max.rock wall or other natural building material or masonry columns w/wrought iron connectors. Residential Standards Exterior Materials 100%brick,with 20%stone or decorative brick accent. 75%masonry product or wood.Vinyl siding or EIFS materials may be used for accent material. Roofing Materials Architectural grade overlap shingles, tile, standing seam metal Same roofing.No wood shingles.Paint rooftop accessories to match. Repetition of Design(Detached) 7 lots skipped on same side;4 lots skipped opposite side of street. Same Repetition of Design(Attached) None specified The facade of each building must contain different building materials,color,or elevation at a minimum of every 50 feet of frontage.In addition,the same material pattern,color,or elevation may not be repeated within 3 facades on the same side of the street or directly on the opposite side of the street. Building Articulation 25%of facade offset by 2'min.60%Of total area located on 1st floor Based on architetural period or style,compatible with surrounding dwellings. of 2 story dwellings. Fencing 8'max in rear and side.Ornamental not to exceed 6'in height w/50%8'max.wood w/metal post for side&rear.3'max.wrought iron w/50%transparency,or 3'max.rock wall transparacny in front yard. or other natural building material or masonry columns w/wrought iron connectors. Garages Minimum 500 s.f.not face a public street. Minimum 300 s.f not face a public street.If detached materials must match house. Dwelling size 2,400 s.f.minimum 2,400 s.f.maximum Lot size 10,000 s.f.minimum 7,500 s.f.maximum Wylie City Council CI TY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: 2 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: May 18, 2009 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing, consider and act upon, amending the zoning from Agricultural (AG-30) District to Single-Family(SF-10/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west of Southbrook Subdivision Phase II. ZC 2009-02 Recommendation Motion to approve amending the zoning from Agricultural (AG-30) District to Single-Family(SF-10/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west of Southbrook Subdivision Phase II. ZC 2009-02 Discussion The proposed amendment is to place permanent zoning of SF-10/24 on the subject property, with the design regulations adhering to the approved Developer's Agreement. Background The subject tract was annexed into the city on March 31, 2009 and was the subject of a Developer's Agreement approved October 28, 2008. The Developer's Agreement set forth the specific design requirements for the 7 acre tract. A preliminary plat was attached as Exhibit A that created 23 single family lots. The proposed development will meet the residential dwellings base exterior material requirements of 100% brick, stone or masonry stucco, with a 20% stone or decorative brick accent on the front façade. The following desirables will be achieved in accordance with the agreement which exceeds the required number of Architectural Design attributes as outlined in the current ordinance. 1. Both Front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. 2. An automated irrigation system will be installed. 3. Each dwelling unit will be certified by USGBC or LEEDS for energy and water. 4. House numbers will have lighted front wall plaque. 5. Chimney enclosed with masonry matching exterior walls and capped with 40% stone to match house. 6. 60 square feet or larger front entry porch. 7. Board on Board fencing. 8. Mailboxes will be paired at lot lines and will incorporate stone to match house. Page 1 of 2 Page 2 of 2 PLANNING COMMISSION DISCUSSION The Commission and Staff discussed at length with those residents in attendance the planning process as it relates to required public notices. The Developer's Agreement was held at a public meeting, but did not require notices in the paper nor mailing notices to property owners within 200' of the subject tract. In addition it was relayed to the public what type of site work could take place prior to zoning or platting and the risk that the property owner takes in moving forward without such approvals in place. Traffic concerns along South Ballard were of public concern. Staff mentioned the proposed widening of South Ballard from Alanis south to the County line as a four lane divided roadway that is 100% funded by the County slated to begin construction in 2011. Consideration The current Comprehensive Land Use Plan designates this property as Low Density Residential requiring a one acre minimum lot size with a minimum dwelling size of 3,000 square feet. However, due to the narrow depths of the tract and its connectivity to existing subdivisions limits the land design thereby supporting more of an infill tract. The subdivision will comply with the base zoning of SF 10/24 except as outlined in Exhibit C. The minimum dwelling size is 1,957 square feet (air conditioned). Average lot area is 10,000 square feet, with a minimum rear yard setback of 20 feet in lieu of the required 25 feet and a minimum side yard setback on a corner lot of 15 feet as opposed to 25 feet. City required development fees shall apply to the Development. Seventy-One (71) notifications were mailed to property owners within 200 feet in accordance with State Law. Six (6) responses were received opposing the requested zoning change. The Commission voted 5-0 to recommend approval. 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RECITALS WHEREAS, Developer is the owner and developer of certain real property described in Exhibit "A" (the "Property") located in the extraterritorial jurisdiction ("ETJ") of the City of Wylie, Collin County, Texas, and a development known as Southbrook Phase III (the "Development"). WHEREAS, the Parties intend that the Property described in Exhibit"A" attached hereto, which is in the City of Wylie's ETJ, shall be annexed into the City of Wylie as provided by law and by this Agreement. WHEREAS, the Parties desire to obtain the benefits of certainty and predictability that can be provided by a development agreement. WHEREAS, the Parties have the authority to enter into this Agreement including, but not limited to, the authority granted by Section 212.172 of the TExAs LOCAL GOVERNMENT CODE. NOW,THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City, and Developer agree as follows: I ANNEXATION AND DEVELOPMENT 1.1 Agreement to Annex. Developer agrees to file a petition for annexation of the Property within thirty (30) days after the approval of this agreement. Regardless of the zoning classification affixed to the Property after annexation, the Property shall be developed and permits issued in accordance with this Agreement. 1.2 Development Plan. Development of the Property during the term of this Agreement shall be in accordance with the Development Plan as depicted in Exhibit "B" and shall serve as the Preliminary Plat. All development . plications shall substantially comply with the Final Plat. DEVELOPMENT AGREEMENT—Page 1 1.3 Regulations/Fees Applicable. All regulations pertaining to the development of the Property set forth in this Agreement and all exhibits hereto (including the Development Plan), together with the City's development regulations as modified by this Agreement, shall constitute the development standards and conditions applicable to the Property (the "Development Standards"): (A) The development standards of the Single Family-10/24 District contained in the City's Zoning Ordinance shall apply to the Development except as shown on Exhibit "C". The minimum house size shall be 1,957 square feet. (B) City-required development fees shall apply to the Development. II NOTICE Notice. Any notice to be given or to be served upon a party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail and shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited in the United States mail, and if given otherwise than by certified or registered mail, it shall be deemed to have been given and delivered to and received by the party (or such party's agent or representative) to whom it is addressed. Such notice shall be given to the parties hereto at the address set forth below. Any party hereto may, at any time by giving two (2) days written notice to the other parties, designate any other address in substitution of the foregoing address to which such notice shall be given. If Notice to Developer: Steve Gee 5800 E. Campus Circle Drive Suite 234-A Irving, TX 75063 with a copy to: Arthur J. Anderson Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2199 DEVELOPMENT AGREEMENT—Page 2 If Notice to Wylie: Mindy Manson City Manager City of Wylie 2000 State Highway 78 North Wylie, TX 75098 with a copy to: Richard Abernathy City Attorney Abernathy, Roeder, Boyd&Joplin, P.C. 1700 Redbud Blvd. Suite 300 McKinney, Texas 75070 III DEFAULT 3.1 If a party is in default under this Agreement, the nondefaulting party must notify the defaulting party in writing of an alleged failure by the nondefaulting party to comply with a provision of this Agreement, which notice must specify the alleged failure with reasonable particularity. The alleged defaulting party must, within 30 days after receipt of such notice or such longer period of time as may be specified in such notice, either cure such alleged failure or, in a written response, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. 3.2 The nondefaulting party must determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the alleged defaulting party. The alleged defaulting party must make available, if requested, any records, documents or other information necessary to make the determination. 3.3 If the nondefaulting party determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the nondefaulting party, or that such failure is excusable, such determination must conclude the investigation. 3.4 If the nondefaulting party determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting party in a manner and in accordance with a scheduling reasonably satisfactory to the nondefaulting party,then the nondefaulting party may proceed to mediation. DEVELOPMENT AGREEMENT—Page 3 3.5 In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described hereinabove, the parties agree to submit the disputed issue to non-binding mediation. The parties must participate in good faith, but in no event must they be obligated to pursue mediation that does not resolve the issue within two days after the mediation is initiated or 14 days after mediation is requested. The parties participating in the mediation must share the costs of the mediation equally. 3.6 In the event of a determination that the defaulting party has committed a material breach of this Agreement that is not resolved in mediation, the nondefaulting party may file suit in a court of competent jurisdiction in Collin County, Texas, and seek any relief available at law or in equity. IV MISCELLANEOUS 4.1. Assignment of Agreement. This Agreement may be assigned by Developer without the prior written consent of the City. 4.2 Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas and is specifically performable in Collin County, Texas. Exclusive venue shall be in state district court in Collin County, Texas. 4.3 Savings/Severability. In case anyone or more provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.4 Authority. Each of the parties represents and warrants to the other that they have the full power and authority to enter into and fulfill the obligations of this Agreement. 4.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties to this Agreement. 4.6 Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 4.7 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. 4.8 Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. DEVELOPMENT AGREEMENT—Page 4 4.9 Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 4.10 Time is of the Essence. Time is of the essence in this Agreement. 4.11 Recordation, Releases, and Estoppel. Pursuant to the requirements of Section 212.172( c)( 4) of the Texas Local Government Code, this Agreement, and all amendments to this Agreement, shall be recorded in the deed records of Collin County, Texas. This Agreement shall be binding upon: (1) the Property and, except as provided in this subsection, future owners of all or any portion of the Property ("Successors"); (2)the parties; (3) assignees; and(4) lenders. Notwithstanding the foregoing, however, this Agreement is not binding upon, and shall not constitute any encumbrance to title as to, any end-buyer of a fully developed and improved lot within the Property except for land use and development regulations that apply to specific lots. For purposes of this Agreement: (A) the term "end-buyer" means any owner, developer, tenant, user, or occupant; (B) the term "fully developed and improved lot" means any lot, regardless of the use, for which a final plat has been approved by the City; and (C) the term "land use and development regulations that apply to specific lots" mean the Development Standards applied in accordance with this Agreement. A successor is not a party to this Agreement unless this Agreement is amended to add the successor as a party (which amendment shall be signed by the successor). 4.12 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties must promptly execute and file of record, in the Official Public Records of Real Property of Collin County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 4.13 Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and authorized assigns. This Agreement only inures to the benefit of, and may only be enforced by, the parties, assignees, lenders, successors, and the City. No other person or entity is a third-party beneficiary of this Agreement. 4.14 Authority. The City represents and warrants that this Agreement has been approved by the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. Each assignee, lender, or successor who becomes a party to this Agreement represents and warrants that this Agreement has been approved by appropriate action of such assignee, lender, or successor and that the individual executing this Agreement on behalf of such assignee, lender, or successor has been authorized to do so. DEVELOPMENT AGREEMENT—Page 5 4.15 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights except as to the enforcement of this Agreement. 4.16 Effective Date. The effective date of this Development Agreement shall be the date on which this Agreement is approved by the City Council of the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first below written. EXECUTED in duplicate originals this the 28th day of October,2008. CITY OF WYLIE,TEXAS . P i f A m By: /AN) 5s`--- Mindy Man , City Manager APPROVED AS TO FORM: By: /2"-A•--01/4----- Richard Abernathy, City Attorney EXECUTED in duplicate originals this the 2 t?day of /,,/h07,1 ,2008. By: Name: mes Ste he Gee Its: L EXECUTED in duplicate originals this the/2 day of .i/. ,2008. By: a--,,,,,,,i,x),„,„(x pp.,Name: Stacy Lyn G Its: DEVELOPMENT AGREEMENT—Page 6 STATE OF TEXAS § COUNTY OF /1,qa� § This instrument was acknowledged before me on the Z"day of /tom, , 2008, by James Stephen Gee. •�/r R/YR [Seal] NANCY W.FRANSCINI NOTARY K11BUC STATE OF TEXAS COIN 9r EMUS: SEPTEMBER 5,2010 Notary blic-- ate Texas STATE OF TEXAS § COUNTY OF ,M / This instrument was acknowledged before me on the/Z'day of Qj�,./.09i�u , 2008, by Stacy Lynn Gee. [Seal] `.sv NANCY W.FRANSCINI # INITARYPIUUCSTATEOFTE Notary ubli -- tat of Texas •j 2 i commission min:: a?E;i SEPTEMBER 5,2010 DEVELOPMENT AGREEMENT—Page 7 STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 28th day of October, 2008, by Mindy Manson, City Manager of City of Wylie,Texas. [Seal] &i 1k ;,J^, My Commission Expires of P ic--State of Texas July 16.2009 DEVELOPMENT AGREEMENT—Page 8 Exhibit"A" Legal Description Zone Case#2009-02 LEGAL DESCRIPTION WHEREAS, GEE DEVELOPMENT SERVICES,INC.,is the owner of a tract of land situated in the Allen Atterberry Survey,Abstract No.23,in the City of Wylie, Coign County,Texas and being part of a 6.998 acre tract,as described in Volume 1731,Page 385,in the Deed Records of Collin County,Texas, and being more particularly described as follows: BEGINNING, at a Y2 inch iron rod found at the northeast corner of said 6.998 acre tract,being in the south line of Twin Lakes Subdivision Phase 1, an addition to the :lity of Wylie,as described in Volume G,Page 561,in the Map Records of Collin County,Texas, also being the most northerly northwest corner of Southbrook Phase II,an addition to the City of Wylie,as described in Volume 2006,Pages 566-567,in said Map Records; THENCE,South 00°11'06" East,along the west line of said Southbrook Phase II, for a distance of 277.49 feet, to a V2 inch iron rod found at the southeast corner of said 6.998 acre tract; THENCE,South 89°53'37" West,along the south line of the 6.998 acre tract, passing a f2 inch iron rod being the most westerly northwest corner of said Southbrook Phase II,also being the most northerly northeast corner of Southbrook Phase I,an addition to the City of Wylie,as described in Volume P,Page 987,in said Map Records,and continuing for a total distance of 1048.34 feet,to a Vz inch iron rod found; THENCE,North 00°01'55" West,departing said south line,for a distance of 278.83 feet, to a iZ Inch iron rod found at the northwest corner of the 6.998 acre being in the south line of said Twin Lakes Subdivision Phase 1; THENCE,North 90°00'00" East,along the north line the 6.998 acre and the south line of said Twin Lakes Subdivision Phase 1, for a distance of 1047.60 feet, to the POINT OF BEGINNING and containing 6.652 acres of land. Exhibit "B " - - - - - - - J I I Si-- I 4. \ 61 l � I j 1 1 53 I I I — — - - �� I 10 o l ,,=�1\� �G.h 214 1 i I 11 I po 1 1 1 'OQF,1 � 1 C I- - - - - i I- - - J° 44 - - - -I0 I- - - - -II- - - -I I- - - - -I 1 - 1I I g 1 i,° 1 1 ® i 1 1 I 1 I I I 1 1 10 I (%_._ 11 I I I I I = I 1 I I - - -I- - � - - - L/ _ LJ1 — —I I - - —I - - -I - - - - 1 MAR&R.0N D VE k G s�$itof - - -\ - .W.) _ �.�- - - - - - - - T - T T - ® `�T Imo- T `� _� —T`-� I I I I , 1 s I 1 1 I I I I I `� 1 44 I (3-.6) I 41 I 40 I 39 I I I of, 4 1 1 I I I I 8 42 38 �7 � 35 �/�I 3 33 2 31 30 29 26 I I,� I JI I I I ,► I I U I qope.0.61. r..., _ irste,. __c... _.___ I _ ___ i _ _ i _ ___ i _ __ 1 _2 10.000 S 10,048 SF .043 SF 4O _3 SF V.028 SF 10,023 6' 13,02 SF 10.013 SF 10 0 SF _ t_- - ' sr . . . .‘ er o� 12.a SF 4 \ CV N 3 _ \ £ 5 = 7 = 8 ` 9 - 10 = 11 =�12 13 0 32 1 41/C• 3NOo la, (21 e. . `� ° \ 1 cV p ...„. 1 2 , I1. FOR K DRIV \ = Tp west. 0170 1 ji j-1— "-TWILL» - ......:"' u " i ' Z ' /end 1 2 3 4 5 IQ 6 ON\ 7 8 9 ° V '` O iSe11.0 SF 10,356 SF 10,346 SF� 10,336 SF 10.326 SF 10,315 SF 10,3�SF 10.300 SF 10� 10.287 SF � I IL L. p� • at 1 ____ �' � 1 T T F T F � 1 ( 17 I W I I I I e \ I I I I k II F — 1 23 4 ° , o�° 7 9 ,0 11 I 12 , 1 1 1 1 I leP� 1° � Ik'I— I EXHIBIT "C" The Development will comply with the current SF 10/24 development standards except as follows: DEVELOPMENT REGULATION SOUTHBROOK PHASE III Lot Area minimum 10,000 sf Lot Width minimum 89 sf Minimum Square Footage 1,957 sf Side Yard Corner Lot 15 sf Rear Yard 20 sf Fencing All fencing to be steel post with 8 ft max height Landscaping Both front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. Conservation/Sustainability Certified by USGBC or LEEDS for energy and water. House Numbers Lighted front wall plaque Exterior Facade Material 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent. Chimneys Enclosed with masonry matching exterior walls and capped with 40% stone to match the house. Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles. Garage Entry No doors facing Primary Street Outdoor Lighting Front entry and drive garage illuminated by standard porch light. Building Bulk Articulation Min. 25% of street facade offset min 2ft, min. 60% total area on 1st floor of two story Porch-Front 60 square feet or larger covered front entry. Roof Pitch 8:12 min. Roof Eaves No wood Fascia or soffit. Repetition of Floor Plans and Elevations 7 lots skipped on the same side of the street before repeating similar floor plan and elevation. 4 lots skipped opposite side of street and no identical or flipped floor plans side by side or directly across the street. Fence Board on board fencing. Mail box Paired at lot line and incorporate stone to match house. Gaai">v`11tEra o ' ® IT 1111 Er_ ' ',i%''y S a c eO ® .� NZ i ,® .\ a . R F lall O Y0 li J a . ' ' ® Q 1 I d 19 ly. 1�• ...esY539 __ r 1 'F1 ....... 1] 71 r. zl� z1e Da z:ro z» _ . g4:1040":•-0,!'!::i•OONSEISSOMMUSPROM5intOMMMINiAftsa.74...m,:•;;..z,..:;.0,,,y1;,,?,.,wom,,,,,,,,,..,,,,,,,,:„,„..„*.,,,,, 6 .,„„.. 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I I j � = �9a.�`ns � NOTIFICATIONOWNER ZONING o = Fo,- NOTIFICATION REPORT APPLICANT: Steve Gee APPLICATION FILE 2009-02 701 Partridge Drive Argyle,Texas 76226 # BLK/ABST LOT/TRACT TAX I.D. # I PROPERTY OWNER NWIE-1 ADDRESS Applicant 701 Partridge brive 1 Steve Gee Argyle,Texas 76226 Twin Lakes#1 109 Marlin Drive 2 Blk A Lot 5 R-2462-00A-0050-1 Jerry Hougen Wylie,Texas 75098 Twin Lakes#1 111 Martin Drive 3 Bik A 6 R-2462-00A-0060-1 Dann Wells Wylie,Texas 75098 Twin Lakes#1 1114 Dodd Drive 4 Blk A 7 R-2462-00A-0070-1 Robert Morris Wylie,Texas 75098 Twin Lakes#1 1115 Dodd Drive 5 81k B Lot 8 R-2462-00B-0080-1 Woodrow Cochran Wylie,Texas 75098 Twin Lakes#1 1114 Boyd Drive 6 Blk B 9 R-2462-00B-0090-1 Anne Sundaraj Wylie,Texas 75098 Twin Lakes#1 1115 Boyd Drive 7 Bik C Lot 8 R-2462-00C-0080-1 Don Richardson Wylie, Texas 75098 Twin Lakes#1 1114 Hall Drive 8 Blk C 9 R-2462-00C-0090-1 Victor Williams Wylie,Texas 75098 Twin Lakes#1 1115 Hall Drive 9 Bik D Lot 8 R-2462-00D-0080-1 Tyler Reese Wylie, Texas 75098 Twin Lakes#1 1114 Hughes Court 10 Bik D 9 R-2462-00D-0090-1 _ Douglas Patterson Wylie,Texas 75098 Twin Lakes#1 10801 6th Street#130 11 Blk D 26 R-2462-00D-0260-1 WM Specially Mortgage, LLC Rancho Cucamonga, CA 91730 Twin Lakes#1 212 Martin Drive 12 Bik D 27 R-2462-00D-0270-1 Michael Kreyrner Wylie,Texas 75098 Twin Lakes#1 210 Martin Drive 13 Blk D 28 R-2462-0UD-0280-1 Gary Garcia Wylie,Texas 75098 Twin Lakes#1 208 Martin Drive 14 Blk D 29 R-2462-000-0290-1 Brian Harris Wylie,Texas 75098 Twin Lakes#1 206 Martin Drive 15 Bik D 30 R-2462-00D-0300-1 Larry Sandlin Wylie,Texas 75098 Twin Lakes#1 4217 Tall Oak Lane 17 131k D 31 R-2462-00D-0310-1 Glenn Rogers Piano, Texas 75074 Twin Lakes#1 202 Martin Drive 18 Bik D 32 R-2462-00D-0320-1 Dustin Kariovich Wylie, Texas 75098 Twin Lakes#1 200 Marlin Drive 19 Blk D 33 R-2462-0OD-0330-1 Jeffrey Platt Wylie,Texas 75098 X~ G,r*V15 0 I8 Twin Lakes#1 128 Martin Drive 20 Blk D 34 R-2462-OOD-0340-1 Bernadette Harmon Wylie,Texas 75098 Twin Lakes#1 126 Martin Drive 21 Blk D 35 R-2462-00D-0350-1 Kim Devoto Wylie,Texas 75098 Twin Lakes#1 124 Martin Drive 22 BIk D 36 R 2462-00D-0360-1 Ray Rockhill Wylie,Texas 75098 Twin Lakes#1 122 Martin Drive 23 BIk D 37 R-2462-00D-0370-1 Michael Derobio Wylie,Texas 75098 Twin Lakes#1 120 Martin Drive 24 Blk D 38 R-2462-OOD-0380-1 Alfred Alvarez Wylie,Texas 75098 Twin Lakes#1 118 Martin Drive 25 Bik D 39 R-2462-OOD-0390-1 Alan Wallace Wylie,Texas 75098 Twin Lakes#1 PO Box 1400 26 BIk D 40 R-2462-OOD-0400-1 Cora Schreiber Wylie,Texas 75098 Twin Lakes#1 114 Martin Drive 27 BIk D 41 R-2462-OOD-0410-1 Leonard Esqulvel Wylie,Texas 75098 Twin Lakes#1 112 Martin Drive 28 BIk D 42 R-2462-OOD-0420-1 James Smith Wylie,Texas 75098 Twin Lakes#1 110 Martin Drive X 29 Blk D 43 R-2462-00110430-1 James Cornett Wylie,Texas 75098 x , Twin Lakes#1 108 Martin Drive 30 Blk D 44 R-2462-00D-0440-1 Ronald Potts Twin Lakes#1 Wylie,Texas 75098 106 Martin Drive 31 Bik D 45 R-2462-00D-0450-1 Troy Amos Wylie,Texas 75098 Southbrook#1 561 Hemlock Court 32 Bik A Lot 15 R-8623-00A-0150-1 Marc Bourrell Livermore,California 94551 Southbrook#1 1802 Brookridge Drive 33 BIk A 16 R-8623-00A-0160-1 Lewis King Wylie,Texas 75098 Southbrook#1 1800 Broakridge Drive 34 81k A 17 R-8623-00A-0170-1 Mark Cline Wylie,Texas 75098 Southbrook#1 71 Central Avenue 35 BIk B Lot 1 R-8623-00B-0010-1 Nicholas Pappas Livermore, California 94551 Southbrook#1 102 Shadybrook Drive 36 Blk.B 2 R-8623-OOB-0020-1 Gabrielle Tyler Wylie,Texas 75098 Southbrook#1 104 Shadybrook Drive 37 BIk B 3 R-8623-00B-0030-1 Tara Parmtey Wylie,Texas 75098 Xt Southbrook#1 106 Shadybrook Drive 38 81k B 4 R-8623-00B-0040-1 Juan Fontanez Wylie,Texas 75098 Southbrook#1 108 Shadybrook Drive 39 Bik 8 5 R-8623-00B-0050-1 Wendwesn Yeshitiia Wylie,Texas 75098 Southbrook#1 110 Shadybrook Drive 40 81k B 6 R-8623-008-0060-1 Shakiru Bakare Wylie,Texas 75098 Southbrook#1 112 Shadybrook Drive 41 81k B 7 R-8623-OOB-0070-1 Francis Barczykowski Wylie,Texas 75098 X � IIai`11s 71- 0 "7:- For Southbrook#1 114 Shadybrook Drive 42 I Blk B 8 R-8623-008-0080-1 Juan Ruiz Wylie,Texas 75098 Southbrook#1 116 Shadybrook Drive 43 Blk B 9 R-8623-00B-0090-1 Janet Oyekanml Wylie,Texas 75098 Southbrook#1 118 Shadybrook Drive 44 Blk B 10 R-8623-00B-0100-1 Jackie Reynolds Wylie,Texas 75098 Southbrook#1 120 Shadybrook Drive 45 Blk B 11 R-8623-0013-0110-1 Dwight Raymond Wylie,Texas 75098 Southbrook#2 200 Shadybrook Drive 46 BIk G Lot 1 R-9183-00G-0010-1 Dustin Tunget Wylie, Texas 75098 Southbrook#2 501 W. George Bush Tpke#100 47 Blk G 2 R-9183-00G-0020-1 Beazer Homes Texas, LP Richardson,Texas 75080 - Southbrook#2 204 Shadybrook Drive 48 BIk G 3 R-9183-00G-0030-1 Timothy Williams Wylie, Texas 75098 Southbrook#2 206 Shadybrook Drive 49 Blk G 4 R-9183-00G-0040-1 Ana McQuade Wylie,Texas 75098 Southbrook#2 211 Forestbrook Drive 50 Blk H Lot 29 R-9183-OOH-0290-1 Raymond Kristoff Wylie, Texas 75098 Southbrook#2 5800 Campus Circle Drive#234A -51 BIk H 30 R-9183-OOH-0300-1 Onyx Homes, LP frying,Texas 75063 Southbrook#2 501 W.George Bush Tpke#100 52 Bik H 31 R-9183-00H-0310-1 Beazer Homes Texas, LP Richardson,Texas 75080 Southbrook#2 501 W. George Bush Tpke#100 53 Blk H 32 R-9183-00H-0320-1 Beazer Homes Texas, LP Richardson,Texas 75080 Southbrook#1 t 101 Shadybrook Drive 54 BIk J Lot 1 R-8623-00J-0010-1 Timothy Ewing Wylie, Texas 75098 Southbrook#1 103 Shadybrook Drive 55 Bik J 2 R-8623-00J-0020-1 Amanda Gilbreath Wylie,Texas 75098 Southbrook#1 105 Shadybrook Drive 56 BIk J 3 R-8623-00J-0030-1 Kristol Darden Wylie, Texas 75098 Southbrook#1 107 Shadybrook Drive 57 Blk J 4 R-8623-00J-0040-1 Brian Robertson Wylie, Texas 75098 Southbrook#1 109 Shadybrook Drive 58 Blk J 5 R-8623-00J-0050-1 Derek Peterson Wylie,Texas 75098 Southbrook#1 111 Shadybrook Drive 59 BIk J 6 R-8623-00J-0060-1 Norma Aguilar Wylie,Texas 75098 Southbrook#1 PO Box 29068 60 B1k J 7 R-8623-00J-0070-1 Ward Moore San Francisco, CA 94129 Southbrook#1 PO Box 953 61 Bfk J 8 R-8623-00J-0080-1 Steve McCuen Rockwall,Texas 75087 Southbrook#1 117 Shad ybrook Drive 62 Bik J 9 R-8623-00J-0090-1 George Kline Wylie,Texas 75098 Southbrook#1 119 Shadybrook Drive 63 81k J 10 R-8623-00J-0100-1 Bobby Rush Wylie,Texas 75098 Southbrook#1 16 Surmont Court 64 Bik J 11 R-8623-00J-0110-1 Katherine Fettke Lafayette, CA 94549�} • L 0 = For- Southbrook#2 201 Shadybrook Drive 65 Bik J 12 R-9183-00J-0120-1 Brandon Bryant Wylie,Texas 75098 Southbrook#2 203 Shadybrook Drive 66 Bik J 13 R-9183-00J-0130-1 Matthew Monahan Wylie,Texas 75098 Southbrook#2 205 Shadybrook Drive 637 Bik J 14 R-9183-00J-0140-1 Brian Donaldson Wylie,Texas 75098 Southbrook#2 21.2 Forestbrook Drive 68 Bik J 15 R-9183-00J-0150-1 Sarah Thomas Wylie,Texas 75098 Soulhbrook#2 210 Forestbrook Drive 69 Blk J 16 R-9183-00J-0160-1 Leslie Hadilev Wylie, Texas 75098 Southbrook#2 208 Forestbrook Drive 70 Blk J 17 R-9183-00J-0170-1 Ricardo Olmeta Wylie,Texas 75098 701 Partridge Drive 71 Abst 23 Tract 35-9 R-6023-000-0359-1 James Gee Argyle,Texas 76226 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 X _ ,49G.14 51— PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,May 5, 2009,6:30 pm Municipal Complex,2000 Highway 78.North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 26,2009,7:00 pm Municipal plex,2000 Highway 78 North,Wylie,Texas Name: (pie print-)` Address:. /O > )144/LT/i(( ' - 750q g Signature: Date: (CY- COMMENTS: AWL a- Alit6 ik 40147 -74 1 4. ir r et. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning. Commission meeting: Tuesday,May 5,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie, Texas Date,Location&Time of City Council meeting: Tuesday,May 26, 2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: `O (please print) II Address:1010 �l b r E ' 2 fz_ 57) 7r Signature: Ce-e---T Date: r 1 j ( V 5 COMMENTS: n am a a) "Kfi-Ike f— cia � PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. X, I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,May 5,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie, Texas Date,Location&Time of City Council meeting Tuesday,May 26,2009,7:00 pm. Municipal Complex,2000 Highway 78 North;Wylie,Texas Name: R m E 5 r Co,.-nJ CT1— (please print) Address: 110 MkK'TIN !RAVE tic t TK Z S.o 9 8 Signature: (lwist,/,- Ai C-Rrwo—K--- Date: AP .!L ( S t zoo c®1V M NTs: iT is to STUnP..gr!JG To SSE wo,10:. Pitocr-- ebiat, ohL `t'Skks rP.d_iEcr 1—= R Ji I +;O c J(r La M n 1 5,S' S o i) JI P1 t L 6 s 9 R Y3 e a s AL, FORM C® (Please tppe or use Blame'[ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the aUachcd public notice for Zoning Case#2009-02.. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning. Commission meeting: Tuesday,May 5,2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie, Texas Date,Location&Time of City Council meeting: Tuesday,May 26,2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: T) i:— r'/7 C t (please print) Address: /l O M 61-.r-4 I } Fr Lk)/ e I/ 75b9,c giVV Signature: .�.L - '°.9• C'erk, , Date: C r.a' COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie. Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Yss I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, May 5, 2009,6:30 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, May 26, 2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie, Texas Name: I,AA R. -( 44/v Do /1/4/ (please print) Address: 0 U(.0 /31/1 re-111J ( 5 )PeY Signature: e.••••"" Date: 51% (0? COMMENTS: kl ppb5‘.7: Th 1iac=c4vc5C: Ou1Lt)J1e3 13 U 0/07, t ut,1z,7 To cosi- o F ThE s Taen-3 Fd R eivfirle(-E-I IF iTh BulLbeits oF TH G- i'Zt oz So ffr.tjC THAT Co - a CU-kg CL.371 [367771,,dEEd 5tly p4(1%Ce.'k (3 To kl miLe5) Co/J-7216u. T2-1) 0 /2 K. P t.0 L ti/hi& PoR. -L19.46-- C 0A)c Rt.": TE i2 3ñi F m sLi 70 PA cz--k_ ( 3,5--m Le 5 Lf Ln,,,c,-,3 )0( 00z ec-4, LA-fiE PER, 441Lc)/6200 R Cit-cs \(( (.2(r) 7 PER Es LOG/I1c1-:--., /vm co o 2 A- - 2 5-6 ie. i-hrt4. 1 8o ‘..11- 2 0-D e 1.7306-A/c e_3- cv,C ouGYZ. 19:41t,f-40 et?, „ILA._sT it l "—T Li (2 0 4-1) fi2 w Cr: N 01.-Fb (ic;L P GiVeLs / O' PUBLIC COMMENT FORM Of (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 co, IP r i I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 42009-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,May 5, 2009,6:30 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 26, 2009,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: NI cw'61-4; ILTI \Li,- (please print) , 1 Address: \'U'',.. ...),,01 r,, 1 k1, Itl, Q ,, Ir' l' ,,''''','° =$ i,,, : ,p \ )i I ,, Signature: Y I' S. i 47, 1 0 I Date: , ''' IN. , r ( j COMMENTS: L---tP„ ',,'T :''L:', '7 '4-1,,,,,, - -,r '(ri 'C' 1 11 vaJoKELIT,'S'7 ' ”01 ./ - i o 1 0, , 0,,r,," ,./;,' '!). " ,:1, ) ) , ,,,14 l''''' „P'l\ fjc :«.1211(1'34,,,:td i ..., (..). f f' 1, '''f';), .'" co Ci(3r:;'rl i LA-4 'il r (-61..),,oui!,,,,, -7,- ;„,'",, ,,,,, r ( ,, ,. , ,,,,,, 1„ , - r, , ...' PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie, Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-02. 17- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-02. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,May 5, 2009,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, May 26, 2009,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ALF-Re-ID l_VA.WE 7_ (please print) Address: I Z.0 Mt...en t..) -- 21VE .1"A 7Sefia Signature: Dat . -//fr COMMENTS: --1TE Y 1406 ALREADY 13EET4 „4o4?-r>vipAQ r-&•=htiee 1,44,0-134 tic 1-)5 L\ff o 6U4MiS77341430_ ,942:. -cm- --i-Voc-r- A. 14564tiebic . A— Feevr...E AM kF kit F 14,g RG2COM,SCP A I-TY-TaliN Ctae- P..Wdiaa ALL--r4 eiitt.Se49 -rife" Ztle,taiwG GLYNN 6",6 T Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: May 19, 2009 Budgeted Amount: Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2009 Board and Commissions City Council Interview Panel to conduct the June 2009 board applicant interviews. Recommendation Motion to appoint , , and to serve on the 2009 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 31st of each calendar year. Additionally, in June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Thursday June 4, 2009, Monday, June 8, 2009, and Thursday, June 11, 2009 from 6:00 p.m. - 9:30 p.m. each night. Immediately following the final Thursday night interviews, the panel will deliberate on recommendations to be submitted to City Council at the June 23, 2009 Regular Meeting. New board members approved by City Council will begin their terms on July 1, 2009. All Council members will receive the scheduled appointment list and applications submitted prior to the interview process. Approved By Initial Date Department Director CE 5-19-09 City Manager 1111 5 1a( ID I Page 1 of 1 RESOLUTION NO.2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS, the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms;and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions;and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3)Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 2311 day of May 2006. John ondy, ayor A I-I'EST: ..F` s Al „At SEAL' Caro e Ehrlich, ecretary _ ; • Resolution No.2006-17(R) Boards and Commission interview Process Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 26, 2009 Item Number: 4 (City Secretary's Use Only) Department: Engineering Prepared By: Chris Hoisted Account Code: 443-5443 Date Prepared: 05/20/09 Budgeted Amount: $ 12,200,000 Exhibits: Bid Summary, Contract Subject Consider, and act upon, award of a contract to L H Lacy Company, in the amount of $9,236,980.12, for the reconstruction of FM 1378 from Brown Street to Parker Road. Recommendation Motion to award a contract to L H Lacy Company, in the amount of$9,236,980.12, for the reconstruction of FM 1378 from Brown Street to Parker Road. Discussion The FM 1378 paving project includes reconstructing approximately 11,450 linear feet of the roadway from Brown Street to Parker Road to a 6-lane concrete paving section with an underground storm drainage system. On April 17, 2009, the City opened eight bids with the low bid being submitted by L H Lacy Company. The project includes approximately 104,100 square yards of 8-inch concrete pavement, 104,400 square feet of concrete sidewalk, and 14,000 linear feet of water line relocation. The water line replacement includes the installation of 20-inch, 18-inch, 16-inch, and 12-inch water line from Brown Street to the Newport Harbor subdivision. The 2003 Collin County Bond Program included $3,000,000 for the project, and the 2005 City of Wylie Bond Program included $9,700,000 for the project. Certificates of Obligation in the amount of $7,750,000 were issued in 2007 for multiple water system projects and $1,400,000 was included for the construction of the Newport Harbor Water Distribution Line from Lakefield Drive to Newport Harbor. To date approximately $1,400,000 has been spent for engineering and right of way acquisition. The available funds for the project are indicated below: FUNDING SOURCES 2005 City of Wylie Bond Program $9,288,000 2003 Collin County Bond Program $2,000,000 2007 Water System CO's $949,000 TOTAL $12,237,000 Page 1 of 2 Page 2 of 2 L H Lacy Company most recently completed Alanis Drive East for the City and they are currently constructing the McCreary Road and Springwell Parkway improvements for Direct Development and Herzog Development. The contract specifies the project be substantially complete within 540 consecutive calendar days and final completion within 600 consecutive calendar days. Approved By Initial Date Department Director CH 05/20/09 City Manager /711) ? .5/a//0 BID TABULATIONS 09 First Second Third Fourth Fifth Estimate of Probable Cost N L H Lacy Company Tiseo Paving McMahon Contracting,LP Ed Bell Construction Glenn Thurman, Inc. 1880 Crown Road P.O.Box 270040 P.O. 153086 10605 Harry Hines P.O.Box 850842 Dallas,Texas 75234 Dallas,Texas 75227 Irving,Texas 75015-3086 Dallas,Texas 75220 Mesquite,Texas 75184-0842 Phone: 214-357-0146 Phone:972-289-0723 Phone:972-263-6907 Phone:214-358-6581 Phone:972-286-6333 Unit Unit Cost Subtotal Unit Cost Subtotal Unit Cost Subtotal Unit Cost Subtotal Unit Cost Subtotal Unit Cost Subtotal . STA $ - $ 2,480.53 $ 282,780.42 $ 1,525,00 $ 173,850.00 $ 2,280.00 $ 259,920.00 $ 2,970.00 $ 338,580.00 $ 2,100.00 $ 239,400.00 CY - 5.62 273,694.00 5.36 261,032.00 3.50 170,450.00 5.25 255,675.00 4 65 226,455.00 CY - 9.75 2,925.00 7.30 2,190.00 6.00 1,800.00 15.00 4,500.00 4.65 1,395.00 CY - 1.83 39,711.00 0,95 20,615.00 5.25 113,925,00 5.25 113,925.00 4.65 100,905.00 SY - 0,57 23,484.00 ` 2.00 82,400.00 1,75 72,100.00 1.00 41,200.00 1.00 41,200.00 -, , �,. _ SY - 2.09 83,182.00 2.20 87,560.00 2,50 99,500.00 2.25 89,550.00 2.31 91,938.00 SY - 0.15 5,970.00 0.15 5,970.00 0.17 6,766.00 0.11 4,378,00 0.11 4,378.00 MG - 11.15 100,350.00 11.55 103,950.00 14.30 128,700.00 12.50 112,500.00 14.00 126,000.00 MG - 2,12 9,328.00 10.00 44,000.00 1.00 4,400.00 10.00 44,000.00 13.00 57,200.00 TON - 122.13 477,528.30 142,00 555,220.00 136.50 533,715.00 150,00 586,500.00 144.00 563,040.00 ' SY - 2.09 224,048.00 3,45 369,840.00 1.27 136,144.00 2.00 214,400,00 3.35 359,120 00 SY 27.03 2,813,823.00 28.40 2,956,440.00 31.50 3,279,150.00' 25.00 2,602,500.00 28.00 2,914,800.00 SY - 28.74 2,874.00 50.00 5,000.00 50.00 5,000.00 50.00 5,000.00 32.00 3,200.00 LF 0.05 840.00 1.03 17,304.00 0.05 84000 0.10 1,680.00 0.10 1,680.00 SF - 2,68 279,792,00 3.35 349,740.00 3.25 339,300,00 3.00 313,200.00 3.75 391.500.00' SF - 3.46 154,316.00 4.45 198,470.00 3.75 167,250.00' 6.00 267,600.00 4.00 178,400,00 SF - 8.62 18,102.00 8.75 18,375.00 21.00 44,100.00 30.00 63,000.00 8.35 17,535.00 _ EA - 753.92 31,664.64 900.00 37,800.00 500.00 21,000.00 1,000.00 42,000.00 1,085.00 45,570.00 CY - 98,24 1,473.60 412.00 6,180.00 440.00 6,600.00 600.00 9,000.00 500.00 7,500.00 LF - 8.50 39,525.00 4,30 19,995.00 4.57 21,250.50 4.60 21,390.00 5.00 23,250.00 _ SF - 31.80 73,458.00 56.65 130,861.50 82.75 191,152.50 40.00 92,400.00 58.00 133,980.00 + _ LF - 53.10 44,604.00 85,00. 71,400.00 85.00 ' 71,400,00 120.00 100,800.00 120.00 - 100,800.00 LF - 45.77 13,273.30 61.80 17,922.00 60.50 17,545.00 60.00 17,400,00 63.00 18,270.00 LF - 528.47 519,486.01 478.95 470,807.85 525.63 516,694.29 550.00 540,650.00 514.00 505,262.00 LF - 92.14 29,576.94 92.70 29,756.70 87.18 27,984,78 110.00 35,310.00 87.00 27,927.00 LF - 34.53 27,313.23 27.85 22,029.35 46.56 36,828.96 35.00 27,685,00 35.00 27,685,00 ^ LF - 38,66 141,302.30 34,00 124,270.00 37.64 137,574,20 T 40.00 146,200.00 39.00 142,545.00 LF 43.99 205,653,25 36.05 168,533.75 41.47 193,872.25 45.00 210,375.00 43.00 201,025.00 LF - 49.81 29,985.62 40.75 24,531.50 48.76 29,353.52 50.00 30,100.00 50.00 30,100.00 LF - 56.28 7,428.96 47,40 6,256.80 61.69 8,143.08 65.00 8,580,00 56.00 7,392.00 EA - 2,177.10 2,177.10 1,751.00 1,751,00 1,870.00 1,870.00 2,000.00 2,000.00- 2,255.00 2,255,00 EA 2,177.10 10,885.50 1,751.00 8,755,00 r �1,870.00 9,350.00 2,000.00 10,000.00 2,255.00 11,275.00 EA - 4,035.60 16,142.40 2,472.00 9,888.00~ 2,640.00 10,560.00 2,800.00 11,200,00} 4,180.00 16,720.00 EA - 2,973,60 2,973.60 2,266.00 . 2,266,00 2,420,00 2,420.00 2,500.00 2,500.00 3,080.00 3,080.00 n EA - 4,248.00 4,248.00 3,090.00 3,090.00 3,300,00 3,300.00 3,500.00 3,500.00 4,400,00 4,400.00 EA - 2,655.00 5,310.00 1,854.00 3,708.00 1,980.00 3,960,00 2,500.00 5,000,00 2,750,00 5,500.00 EA - 3,663.90 128,236,50 2,559,55 89,584.25 2,734.00 95,690.00 3,500,00 122,500.00 3,795.00 132,825.00 EA - 3,717.00 26,019.00 3,399,00 23,793.00 3,630.00 25,410.00 4,400,00 30,800.00 3,850,00 26,950,00 EA - 3,186.00 3,186.00 2,472.00 2,472.00 2,640.00 2,640.00 5,000.00 5,000.00 3,300.00 3,300,00 EA - 1,805.40 1.805.40 2,266.00 2,266.00' 2,420.00 2,42000 3,000.00 3,000.00 1,870,00 1.870.00 ! EA - 17,947 80 17,947.80 11,227.00 11,227.00 12,000.00 12,000.00 13,000.00 13,000.00 18,590.00 18,590.00 _ EA - 14.682,15 14,682.15 11,227.00 11,227.00 12,000.00 12,000.00 15,000.00 15,000.00 15,200.00 15,200.00 SY - 57,35 19,212.25 40.00 13,400.00 42,35 14,187.25 45.00 15,075.,00 60.00 - 20,100.00 _ EA - 2,389.50 2,389.50 4,017.00 4,017.00 4,290.00 4,290.00 4,500.00 4.500.00 2,475.00 2,475,00 EA - 1.327.50 1,327.50 1,236.00 1,236.00 1,320.00 1,320.00 1,400.00 1,400.00 1,375.00 1,375,00 EA - 252.01 + 2,520,10 515,00 5,150.00 250.00 2,500.00 1,000.00 10,000.00 587,00 5,870.00 f LF - 4.64 14,384.00 5,70 17,670.00 5.00 15,500.00 8.00 24,800.00 8.00 24,800.00 4. MO - 2,085.95 50,062,80 2,550.00 61,200.00 4,200.00 100,800.00 11,000.00 264,000.00 12,000.00 288,000,00 SY - 9,44 23,600.00 7,10 17,750.00 5.00 12,500.00 13.00 32,500.00 16.05 40,125.00 SY - 1,06 2,650.00 1 2.85 7,125.00 2.50 6,250.00 2.00 5,000.00 5.05 12,625.00 SY - 32.69 60,999.54 50.00 93,300.00 35,00 65,310.00 60.00 111,960.00 32.00 59,712.00 LF - 1811 54,330.00 32.96 98,880.00 50,00 150,000.00 55.00 165,000.00 35.70 107,100,00 LF - 9.53 28,590.00 6.20+ 18,600.00 . 9.00 27,000.00 5.00 15,000,00 6.30 18,900.00 _ EA - 419,49 15,940.62 410,00 15,580.00 434.50 16,511.00 630.00 23,940.00 415.00 15,770.00 _ _ LF - 0.85 9,749.50 0.85 9,749.50 0.88 10,093.60 1.20 13,764.00 0,84 9,634.80 LF - 0.85 18,220.60 0.85 18,220.60 0.88 18,863.68 1,20 25,723.20 0.84 18,006.24 LF - 0.85 19,363.00 0.85 19,363.00 0.88 20,046.40 0.60 13,668.00 0,84 19,135,20 LF , - 0.85 19,364.70 0,85 19,364.70 0.88 20,048.16 0,60 13,669.20 0.84 19,136.88 EA _ - 3.13 876.40 3.05 854.00 3.25 910.00 2.50 700.00 3.10 868.00 a EA 3,13 3,568.20 3.05 3,477.00 3.25 3,705.00 3.10 3,534.00 3.10 3,534,00 LF - 0,05 1,139.00 0.05 1,139.00 0.06w 1,366,80 0.06 1,366.80 0.06 1,366.80 LS - 78,356.00 78,356.00 49,000.00 49,000.00 50,000,00 50,000.00 75,000.00 75,000.00 60,000.00 60,000.00 LF - 185.85 9,664.20 216.30 11,247.60 236.50 12,298.00 226.00 11,752.00 175.00 9,100.00 LF - 244.26 10,747.44 309.00 13,596.00 335.50 14,762.00 321.00 14,124.00 230.00 10,120.00 r LF - 7,43 260.05 5.90 206.50 6.27 219.45� 6.00 210.00 7.00 245.00 ' R Fn a 49n nn n A5 3 562.00 7.32 3,806.40 7 an 3 Ran nn x nn 4 1Rn nn EA 90.27 1,354.05 51.50 772.50 55,00 825.00 53,00 795.00 85.00 1,275.00 EA - 95,58 191.16 56.65 113.30 60,50 121.00 58.00 116,00 90.00 180,00 EA 111,51 223.02 76,00 152.00 80.30 160.60 77,00 154.00 105.00 210.00 EA - 531.00 4,248.00 473,80 3,790.40 506.00 4,048.00 485.00 3,880.00 500.00 4,000.00 EA 281.43 1,125,72 236.90 947.60 253.00 1,012.00 245,00 980,00 265,00 1,060.00 EA - 297.36 4,460.40 247.20 3,708.00 269.50 4,042.50 260.00 3,900.00 280,00 4,200.00 EA - 281,43 562.86 231.75 463.50 247.50 495,00 240.00 480.00 265.00 530.00 EA - 302.67 6,961.41 252.35 5,804.05 275.00 6,325.00 265.00 6,095.00 285,00 6,555.00 EA - 270.81 5,145.39 216.30 4,109.70 236.50 4,493.50 230.00 4,370.00 255,00 4,845.00 LF - 2.12 1,462.80 2.10 1,449.00 2,20 1,518.00 2.10 1,449,00 2,00 1,380,00 LF - 3.19 2,615.80 3.10 2,542.00 3.30 2,706.00 3.15 r 2,583.00 3.00 2,460.00 LF 1.06 1,065.30 1.15 1,155.75 1.21 1,216.05 1.15 1,155.75 1.00 1,005.00 LF - 1.06 151.58 1.35 193.05 1.43 204.49 1.40 200.20 1.00 143.00 EA - 4,672,80 4,672.80 5,098.50 5,098.50 5,500.00 5,500.00 5,500,00 5,500.00 4,400.00 4,400.00 EA - 5,203.80 5,203.80 5,459.00 5,459.00 6,050,00 6,050.00 6,000.00 6,000,00 4,900.00 4,900.00 I EA - 5,841A0 11,682.00 6,025.50 12,051.00 6,600,00 13,200.00 6,600.00+ 13,200.00 5,500,00 11,000.00 EA - 14,868.00 14,868.00 16,377,00 16,377.00 17,820.00 17,820.00 18,000,00 18,000.00 14,000.00 14,000.00 EA - 15,399.00 15,399.00 16,583.00 16,583 00 18,040,00 18,040.00 19,000.00 19,000,00 14,500.00 14,500.00 EA - 1,911.60 3,823.20 1,158.75 2,317.50 1,265.00 2,530.00 1,200.00 2,400,00 1,800,00 3,600.00 EA - 143,37 1,146.96 133.90 1,071.20 143.00 1,144.00 138.00 1,104.00 135,00 1,080.00 EA - 2,442.60 2,442.60 2,575.00 2,575.00 2,750.00 2,750.00 2,700.00 2,700.00 2,300 00 2,300 00 EA - 345.15 345.15 345.05 345.05 368.50 368.50 355.00 355.00 325.00 325.00 LF - 2.12 201.40 1.55 147.25 1,65 156.75 1.60 152.00 2,00 190.00 EA - 1,062.00 1,062,00 1,957.00 1,957.00 2,310.00 2,310.00 2,215.00 2,215.00 1,000.00 1,000,00 EA - 6,372.00 6,372.00 6,695 00 6,695.00 7,342,50 7,342.50 7,500.00 7,500.00 6,000.00 6,000.00 EA - 2,655.00 10,620,00 1,977.60 7,910.40 2,134.00 8,536..00 2,100.00 8,400,00 2,500.00 10,000.00 EA - _ 292.05 292.05 334.75 334.75 374.00 374.00 500.00 500.00 275,00 275.00 LF - 2.12 2,351,08 1.35 1,497.15 1.43 1,585.87 1.40 1,552,60 2.00 2,218.00 A EA - 610.65 4,274.55 551.05 3,857.35 588.50 4,119.50 560.00 3,920.00 575,00 4,025.00 EA - 3,186.00 6,372.00 3,409.30 6,818.60 3,668.50 7,337.00 3,600,00 7,200.00 , 3,000.00 6,000.00 LF - 1.06 1,724.62 0.90 1,464.30 0.94 1,529.38 0.90 1,464.30 1.00 1,627,00 LS - 400,033.84 400,033,84 338,000,00 338,000.00 567,710.00 567,710.00 500,000,00 500,000.00 575,000.00 575,000.00 LF - 76.39 95,487,50 68.00 85,000.00 71.12 .88,900.00 75.00 93,750.00 68.00 85,000.00 LF - 132.94 102,363,80 113.30 87,241.00 144.27 111,087.90 120,00 92,400.00 140.00 107,800.00 LF - 454.85 13,645.50 365.65 10,969.50 330.00 9,900.00 400.00 12,000.00 370.00 11,100.00 LF - 61.05 168,314.85 51.50 141,985.50 46.81 129,055,17 55.00 151,635.00 50,00 137,850.00 LF - 84,42 30,391.20 52 50 18,900,00 103,30 37,188.00 55,00 19,800,00 85.00 30,600.00 LF - 62,63 5,636.70 45.00 4,050.00 57,95 5,215.50 50.00 4,500.00 42.00 3,780,00 LF - 30 26 53,983.84 31.95 56,998,80 26.45 47,186.80 35.00 62,440.00 19.00 33,896.00 LF - 45,64 9,128.00 38.65 7,730.00 60.23 12,046.00 40,00 8,000.00 37,00 7,400.00 LF - 24.87 1,193.76 13.00 624.00 50.00 2,400.00 15.00 720.00 11.00 528.00 EA - 4,691.45 4,691,45 3,663,00 3,663,00 4,100 00 4,100.00 7,000.00 7,000.00 7,400.00 7,400,00 ' EA 4,178.50 12,535.50 3,181.00 9,543.00 3,550.00 10,650.00 6,500.00 19,500.00 6,100.00 18,300.00 ` EA - 3,522.19 14,088.76 2,691.00 10,764.00 2,850.00 11,400.00 5,000.00 20,000.00 5,400,00 21,600.00 ? 4 EA - 1,874.88 18,748.80 1,700.00 17,000.00 1,800.00 18,000.00 3,000.00 30,000.00 1,760.00 17,600.00 EA - 1,141.03 28,525.75 1,030.00 25,750.00 1,000,00 25,000.00 2,000,00 50,000.00 960.00 24,000.00 EA - 872.35 6,978.80 590.00 4,720.00 700.00 5,600.00 1,000.00 8,000,00 710.00 5,680.00 EA _ 4,337.92 4,337.92 7,725.00 7,725.00 4,100.00_ 4,100.00 10,000.00 10,000.00 5,965.00 5,965.00 T EA - 2,547,39 2,547.39 6,695.00 6,695,00 2,250.00 2,250.00 9,000.00 9,000,00 3,715.00 3,715.00 ~ _ EA 2,235.29 17,882.32 1,871.00 14,968.00 2,000.00 16,000.00 2,500.00 20,000,00 2,880.00 23,040.00 EA - 5,869.21 17,607.63 3,840.00 11,520.00 5,650.00 16,950,00 4,000.00 12,000.00 5,290.00 15,870.00 EA 5,272.36 5,272.36 2,592.00 2,592.00 4,950,00- 4,950.00' 3,800.00 3,800,00 4,660.00 4,660.00 EA - 3,674,05 7,348.10 2,909.00 5,818.00 3,150.00 6,300.00 3,300.00 6,600,00 3,120,00 6,240.00 ; EA 5,251.12 21,004.48 2,550.00 10,200.00 4,100.00 16,400.00 3,000.00 12,000,00 3,710.00 14,840.00 LF 38.48 2,539.68 128.75 8,497,50 60.00 3,960.00 150.00 9,900,00 32.,00 2,112,00 4 LF - 31.40 28,354.20 36.05 32,553.15, 40.00 36,120.00 40.00 36,120.00 25.00 22,575.00 T EA - 583.58 7,586.54 520.15 6,761.95 250.00 3,250.00 550.00 7,150,00 700.00 9,100.00 - EA - 1,708.78 39,301.94 1,133.00 26,059.00 650.00 14,950.00 3,00000 69,000.00 2,343.00 53,889.00 EA 567.93 1,135.86 401.70 803.40 500,00 1,000.00 400.00 800.00 470,00 940.00 EA - 567.93 1,135,86 312,00 624.00 475.00 950,00 325.00 650.00 470.00 940.00 SY - 4,25 2,754.00 4.55 2,948,40 10.00 6,480.00 4,00 2,592.00 2.31 1,496.88 LF - 0.05 687.30 1.05 14,433.30 0,05 687.30 0.10 1,374.60 100 13,746.00 BID - $ 9,236,980.12 $ 9,327,417.40 $ 10,059,296.71 $ 10,147,526.65 $ 10,178,483.80 BID TABULATIONS -09 Sixth Seventh ,Eighth Ninth Tenth Estimate of Probable Cost 'M Austin Bridge&Road L.P. Texas Sterling Construction Mario Sinacola&Sons 6330 Commerce Drive,Suite 20810 Fernbush Lane 10950 Research Irving,Texas 75063 Houston,Texas 77073-3599 Frisco,Texas 75034 Phone:214-596-7300 Phone:972-606-2733 Phone:214-387-3900 Unit Unit Cost Subtotal Unit Cost Subtotal Unit Cost Subtotal Unit Cost _ Subtotal Unit Cost Subtotal Unit Cost Subtotal STA $ - $ 3,405.00 $ 388,170.00• $ 1,700,00 $ 193,800.00 $ 5,307.00 $ 604,998.00 $ - $ - CY 5.60 272,720,00 6.00 292,200.00 3.24 157,788.00 - CY - 7.10 2,130.00 25.00 7,500.00 12.04 3,612.00 - CY - 1.00 21,700.00 6.00 130,200.00 6.74 146,258.00 - - I SY - 3.25 133,900.00 0.50 20,600.00 1.00 41,200.00 - - SY - 2.75 109,450.00 1.90 75,620.00p 1.94 77,212.00 - SY - 0.25 9,950.00 0.16 6,368.00 0.16 6,368.00 - - MG - 0.75 6,750.00� 8.40 75,600.00 , 0.60 5,400.00 - MG 17.50 77,000.00 20.00 88,000.00 0.60 2,640,00 - - TON - 138.00 539,580.00 1,00 3,910.00 131.58 514.477.80 s - - SY 4.00` 428,800.00 6.00 643,200.00 2.75 294,800.00 SY - _ 33.75 3,513,375,00 30.00 3,123,000.00 34.00 3,539,400.00 - - SY 96.00 9,600.00 40.00 4,000,00, 30,00 3,000 00 - LF 2.25 37,800.00, 1.00 16,800.00' 1.00 16,800.00 - - SF 4.00 417,600.00 5.00 522 000.00 3.00 313,200.00 SF - 5.25 234,150.00 6.00 267,600.00, 5.00 223,000.00 - - SF 14.00 29,400.00 10,00 21,000.00 12.78 26,838.00 - EA - 975.00 40,950.00 1,000.00 42,000.00 800.00 33,600.00 - - CY - 426.75 6,401.25, 600.00 9,000.00 500.00 7,500.00 - - LF 7.50 34,875.00 4.00 18,600.00 4,23 19,669.50 - - SF - 58.75 135,712.50 39.00 - 90,090.00 35.00 80,850.00 - - LF - 85.75 72,030.00 280.00 235,200.00 58.00_ 48,720.00^ LF 65.00 18,850.00 70.00 20,300.00 65,00 18,850.00 - - LF 506,00 497,398.00 600.00 589,800.00 600.00 y 589,800.00 - LF - 98.00 31,458.00a 150.00 48,150.00 110.00 35,310.00 - - LF - 29.50 23,334.50 60.00 47,460.00 56,55 44,731.05 - LF - 36.00 131,580.00 75.00 274,125.00 66.46 242,911.30 - - LF - 38.25 178,818.75 80.00 374,000.00 75.36 352,308.00 - - LF - 43.00 25,886.00 80.00 48,160.00 87.04 52,398.08 - - LF - 50.25 6,633.00 110.00 14,520.00 98.18 12,959.76 - - EA - 1,850.00 1.850.00 2,320-.00 2,320.00 1,850 00 1,850.00 EA - 1;850.00? 9,250.00 s 2,320.00- 11,600.00 1,850.00 9,250,00 - EA 2,625.00 10,500.00 3,130.00 12,520.00 2,600.00 10:400.00 1 EA - 2,395.00 2,395.00 2,895.00 2,895.00 2,400.00 2,400.00 - - EA 3,265.00 3,265.00 3,820.00 3,820,00 3,100,00 3,100 00 - EA 1,959.00 3,918.00 2,788.00 5,576.00 3,750.00- 7,500.00 - EA 2,705.00 94,675.00 2,580.00 90,300.00 4,500. �00 157,500.00 - 4 EA 3,591.00 25,137.00 4,521.00 31,647.00 5,300.00 37,100.00 - EA 2,612..00 2,612,00 3,481,00 3,481.00_ 4,500.00 4,500.00 EA 2,394,00 2,394.00 3,250.00 3,250.00 4,300.00 4,300.00 - EA - 11,862,00 11,862.00 13,300.00 ' 13,300.00 14,000.00 14,000.00 - EA - 11,862,00 11,862.00 13,300.00 13,300.00 19,000,00 19,000.00 - SY 41.00 13,735.00 50,00 16,750.00 + 42.00 14,070.00 - EA 4,250.00 4,250.00 4,800,00 4,800.00 7,500.00_ 7,500.00 EA 1,306,00 ` 1,306.00 1,740.00 1,740.00 3,000.00, 3,000.00 - EA - 545.00 5,450.00 307.24 3,072.40 500,00 5,000.00 LF - 6.00 18,600.00 7.68 23,808.00 15.00 46,500.00 - MO - 2,254.00 54,096.00- 2,000.00 48,000,00 2,583,33 61,999 92 - - SY - 15,50 38.750.00 20,00 50,000.00 15.61 39,025.00 - - SY 3.25 8,125.00 6.50 16,250.00 4.90 12,250.00 - SY 53.00 98,898.00 45.00 83,970.00 46.00 85,836.00 - - LF - - 33.50 100,500.00 25.00- 75,000.00 28.00 84,000.00 - - LF - 6.25 18,750.00 8.00 24,000.00 5.00 15,000.00 EA - 421,50 16,017.00 525.00 19,950.00 402.90 15,310.20 - T LF 2.25 25,807.50 0.80 9,176.00 0.82 9,405.40 - - • y LF 2.25 48,231.00 0.75 16,077.00 0.82 17,577.52 LF - 2.25 51,255,00 1.40. 31,892.00w 0.82 18,679.60 - - LF - 2.25 51,259,50 0.75 17.086,50 0.82 18,681.24 - - EA - 8.00 2,240.00 3.00 840,00 3.01 842.80 - EA 8.00 9,120.00 3.00 3,420,00 , 3.01 3,431.40 - - LF - 0,25 5,695.00 0.10 2,278.00 0.05 1,139.00 - LS - w 55,000.00 • 55,000.00 55,000.00 55,000.00 65,000.00 65,000.00 - - LF - 187.00 9,724.00 175.00 9,100.00 219.30 11,403.60 LF - 245.50 10,802.00 230.00 10,120.00 311.10 13,688.40 - LF - 7.50 262,50 7,00 245.00 5.81 203.35 - EA - 90.75 1,361,25 85,00 1,275.00 51.00 765.00 EA - 96.00 192.00_ 90,00 180.00 56.10 112.20 - - EA - _ 112.00 224.00 105,00 210.00 74.46 148.92 EA - 533.25 4,266.00 500.00 4,000.00 469.20 3,753.60 - - EA 282.75 1,131.00 265.00 1,06,0.00 234.60 938,40 - EA - 300 00 4,500,00 280.00 4,200,00 249.90 3,748.50 - - EA 282.75 565.50 265.00. 530,00 229.50 459.00 - EA - 305.00 7,015,00 285.00 6,555.00 255 00 5,865.00 EA - 275.00 5,225.00 255,00 4,845.00 219,30 4.166,70 , LF - 2.25 1,552.50 2.00 1,38000 2.04 1,407,60 - - LF - 3.25_ 2,665.00 3.00 2,460.00 3.06 2,509,20 LF 1.25 1,256,25 1,00 _ 1,005.00 1.12 1,125,60 T LF - 1.25 178.75 1.00 143.00 1,33 190.19 - - EA W 5,759,00 5,759.00 4,400.00 4,400.00 5,100.00 5,100,00 v - EA - 5,226.00 5,226.00 4,900.00 4,900.00 5,610,00 5,610,00 - - L. EA _ 6,932.00 13,864.00 5,500,00 11,000.00 6,120.00 12,240,00 - - EA - 16,000.00 16,000.00 14,000.00 14,000.00 16,524.00 16,524.00 - - EA - 16,750.00 16,750.00 14,500.00 14,500.00 16,728,00 16,728.00 - - EA - 1,920.00 3,840.00 1,800.00 3,600,00� 1,173.00 2,34600 H . EA - 144.00 1,152.00 135.00 1,080.00 132.60 1,060,80 - - .4 EA - 2,453.00 2,453,00 2,300.00 2,300.00 2,550.00 2,550.00 - - EA - 350.00 350.00 325.00 325,00 341.70 341.70 - _ LF - 2.25 213,75 2.00 190.00 1.53 145.35 - - EA , - 1,075.00 1,075,00 1,000,00 1,000.00 2,142.00 2,142.00 - EA - 6,400.00 6,400.00 6,000.00 6,000,00 6,808.50 6,808.50 - EA 2,750.00 11,000,00 2,500.00 10,000.00 1,978,80 7,915,20^ - EA 300.00 300.00 275.00 275.00 346.80 346.80 - - LF 2.25 2,495.25 2.00 2,218,00 1.33 1,474.97 - EA - 615.00 4,305,00 575.00 4,025.00 545,70 3,819,90 - - EA 3,200.00 6,400.00 3,000.00 6,000.00 3,401.70 6,803.40 - LF - 1,25 2,033,75 1.00 1,627.00 0.87 1,415.49 - - LS - 542,500,00 542,500 00 745,000.00 745,000.00 667,600.00 667,600.00 f LF - 72.00 90,000.00 100.00 125,000.00 83.30 104,125,00 - - T LF - 120.00 92,400.00 150,00 115,500.00 185.00 142,450,00 - - LF - 386.50 11,595.00 550.00 16,500.00 525.00 15,750.00 - - LF - 54.50 150,256,50 60.00 165,420.00 71.30 196,574.10 - LF 55.50' 19,980.00 60.00 21,600.00 135.00 48,600.00 LF - 47.50 4,275,00 80.00 7,200.00 75.00 6,750.00 - LF - 33.75 60,210.00 40.00 71,360.00 75,00 133,800.00 - LF - 41.00 8,200,00 100.00 20,000.00 95.00 19,000.00 - - LF - 13.75 660.00 390.00 18,720.00 35.00 1,680.00 - ' EA 4,000,00 4,000.00 4,400.00 4,400.00 9,200.00 9,200.00 EA - 3,500.00 10,500.00 4,000.00 12,000.00 7,000.00 21,000.00 - - a EA - 3,200.00 12,800.00 3,600.00 14,400.00 5,550,00 22,200.00 - - EA - 1,950.00 19,500,00 2,000.00 20,000.00 1,650,00 16,500.00 - EA - 1,350.00 33,750.00 1,100.00 27,500.00 900.00 } 22,500.00 - - EA - 950.00 7,600.00 700.00 5,600.00 650.00 5,200,00 - EA 9,500.00 9,500.00 r 5,000.00 5,000.00 4,750.00_ 4,750.00 r EA - 8,200.00 8,200.00 3,700.00 3,700.00� 3,500.00 3,500.00 - EA - 2,000.00 16,000.00 2,200..00 17,600.00 3,300.00 26,400.00 - EA - 4,056,00 12,168.00 3,800.00 11,400.00' 9,300.00 27,900.00 - - EA 3,795.00 3,795.00 3,600.00 3,600.00 6,900,00 6,900.00 - - EA - 3,073.00 6,146.00 2,200.00 4,400.00 4,200.00 8,400.00 - - EA 2,685.00 10,740.00 3,000,00 12,000,00 6,800.00 27,200,00 - - LF' 140.00 9,240.00 70.00 4,62000 25.00 1,650.00 LF 27.25 24,606.75 60.00 54,180.00 23.00 20,769.00 - . EA 550.00 7,150.00 900.00 11,700.00 1,800.00 23,400.00 - EA 1,197.00 27,531.00 1,500.00 34,500.00 3,000,00 69,000.00 ! - - EA - 435.00 870.00 1,700.00 3,400.00 1,500,00 + 3,000,00 - - EA 350.00 700,00 1,600.00 3,200.00 1,400.00 2,800,00 ~ - - SY 2.75 1,782.00 2.00 1,296.00 1.94 1,257.12 - LF - 1.25 17,182.50 1.00- 13,746.00 1.00 13,746,00 - - Qin - S 10.845.571.25 $ 11,117,713.90 $ 11,767,120.03 $ - $ - CTRC 6136 Frisco Square Boulevard Suite 375 Frisco, TX 75034 May 1, 2009 Mr. Chris Hoisted, PE City of Wylie - Engineering Department 949 Hensley Lane Wylie, Texas 75098 Reference: FM 1378/Country Club Drive Dear Mr. Hoisted: Based on our review of the submitted bids, we recommend that L. H. Lacy Company be awarded the Contract with a Low Bid of Nine Million Two Hundred Thirty Six Thousand Nine Hundred Eighty Dollars and Twelve Cents ($9,236,980.12) based on the Total Bid. If there are any questions, or additional information is needed, please contact our office. Sincerely, TRC Engineers, Inc. Raymond arr, PE Project Director cc: Municipal Engineenng•Water&Sewer•Transportation&Traffic•Aviation•Water Resources•Environmental Services•Site Planning•Energy•Security 1 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Iundersigned, L. H. LACY COMPANY, LTD. as Principal, and**firmly bound i unto n-Y of WYu� TEXAS as owner in the sum of $�FIVE P rat' -sT-- as the proper measure of liquidated damages for the payment of which, well and truly to he made, we hereby jointly and severally bind ourselves, our I heirs, executors, administrators, successors and assigns. Signed, this 17TH day of APRIL , 2009. The condition of the above obligation is such that whereas the Principal has submitted .i. to CITY OF WYLIE.TEXAS a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the PAVING& DRAINAGE IMPROVEMENTS, FM 1 378/COUNTRY CLUB DRIVE,WYLIE,TTEXAS Now, Therefore, a) If said Bid shall be rejected,or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said I Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall be in all other respects perform the agreement created by the acceptance of said hid, then this obligation shall be void, otherwise the same shall remain in force and affect; it being I 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. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have here-unto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth above. L. H..-L—A-9 CO // BY PA Y, LTD. q4 ' PRAI U S.) :/� 4 � Pri cipal l29 Al 4 4..o 5./t-/is afrws ic-' GREAT AMERICAN INSURANCE COMPANY ESurety l 1-1 NS-4P (.7 By: , 4 7(s ) SEAL SCOTT HUBE,ATTORNEY-IN-FACT '-: " GREAT AMERICAN INSURANCE COMPANY, AS SURETY,ARE GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.t) 18489 POWER OF ATTORNEY KNOW ALL MEN BYTIiESE PRESENTS: That the GREAT AMERIC.AN INSURANCE COMPANY.a corporation organized and existing under and by %irtue of the laws of the State of Ohio,does hereby nominate.constitute and appoint the person or persons named below its true and lawful attorney-in- Cart. for it and in its name,place and stead to execute in 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 contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL B. MURPHY CONSTANCE L.WOLF ALL OF ALL JOHN M. HIGGINS RICHARDSON,TEXAS UNLIMITED SCOTT HUBE MALAYE M.KINDER This Power of Attorney revokes all previous powers issued in behalf of the attorney(st-in-tact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 16TH day of JANUARY . 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON- sti: DAVID C.KITCHIN(513-412-4602) On this 16TH day of JANUARY 2008 , before me personally appeared DAVID C. KITCHIN. to me known. being July;worn.deposes and says that he resides in Cincinnati.Ohio.that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument:that he knows the seal of the said Company:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by authority of his office under the By-Laws of said Company.and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the Billowing resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOLVED: That the Divisional President.the Divisional Senior Vice President,the several Divisional Vice Presidents and 1)iriconal Assistant Vice l'resu/c'ois. or cuff'One of them. he and hereby is arcthori:ed,from time to time, to appoint one car more Anornevs-in-Fact to execute on behalf of the Company, uc auzm.aunr curd all bonds. rmdcrrakin,.s and contracts of s irelyship,or other IIrinett ci/o atiun.c in the moire AWOL'to ripe their respective duties and the respective limits of their authority;and to rerroke art'such appoinnnent at ant time. RI:SOLI./I)/-(!RTH/.k: ghat the('ontpatn sea!cIntl the si�nancre of art'ul the ofinesoid of/franc and ally Sccretcrrc or as.sismra Secretary of the C'nmpunv nrav he a11i_ced hr jtc•sinuile to am power 0//Moaner or certificate oI either>;ircvt for the e.recutirm uI any bond. tnulertakine, contract or.mren.chip, nr other written obli,atiun ill the uancre thereo/.such signanare cart sea!whew.rn used'Wing hereby adopted ht the Contpnns•(IN the uri;inn/si,;nrma-e n_/such officer and the ori;imd.real ul the('urnpantt to he valid and Minim;upon/the('cnttpanc with the'arse lure and affect ac llrc,u,'h manually t(/fend. CERTIFICATION I. !:ONALI)C. H.-AYES.Assistant Secretary of Great American Insurance Company.do hereby certify that the foregoing Power of Attorney and the Resolutions he Board of Directors of March I. 1993 have not been resoked and are now in full force.and effect. Signed and sealed this 17 th clay or April . 2 0 09 . s1,,s29W ADDENDUM No. 1 CITY OF WYLIE FM 1378/COUNTRY CLUB DRIVE TRC Engineers Inc. Engineers and Planners 6136 Frisco Square Boulevard, Suite 375 Frisco, Texas 75034 Bid Date: April 17, 2009 Bid Submittal Time: 2:00 PM Location: City of Wylie City hall The following additions/changes are hereby made a part of the Specifications for the above referenced project: 1. The successful Contractor will provide the City a sequencing plan with a minimum of one lane of travel in each direction maintained. 2. The successful Contractor will provide the City a two (2) year maintenance Bond at 100% of the Contract value upon the City Council's acceptance of the Project. 3. The Certificate of Insurance from an approved Insurer will be acceptable. 4. The Contractor will provide the City a Statement of Qualifications with the Bid Submittal. 5. The City will be responsible for testing on this Project. The costs of all failed tests will be reimbursed by the Contractor. 6. Four (4) Control Points will be provided to the Contractor. 7. No work will be allowed on Sunday. 8. The City will supply water for construction purposes. 9. Batch Plant sites are available adjacent to the Project site. 10 All signs are to be salvaged and returned to the City. 11. All removal and replacement of fences are considered subsidiary to this Contract and will not be paid for directly. 12. See attached Sheet 58 with the center median attached. 13. All median noses will have Interlocking Paving Stones per Detail on Sheet 74. These treatments are considered subsidiary to this Contract and will not be paid for directly. 14. The base under the Type 6 Retaining Wall is considered part of the wall and not the sidewalk quantity. 15. The Safety End Treatment will be as shown on Sheet 81. 16. The typical paving section for all transitions and detours will be six (6) inches of HMAC on eight (8) inches of crushed stone. 17. Fly Ash is allowed, up to the NCTCOG maximum. 18. Items relating to removal of asphalt and concrete have been removed from the Bid Proposal to conform to the Plans. These removal items are incidental to Item 1 - Preparing ROW. 19. All removal and replacement of mailboxes are considered subsidiary to this Contract and will not be paid for directly. 20. An Asphalt Transition Pay Item has been added to the Bid Proposal. 21. All Water Lines shall comply with City of Wylie Standards for pipe materials 22. See attached Revised Bid Proposal TRC Engineers Inc. E me rs and Planners 0t.,( Raymondrr, Jr., P.E. The Contractor shall acknowledge receipt of this Addendum on the face of the sealed envelope in Name Title Date ADDENDUM No. 2 CITY OF WYLIE FM 1378/COUNTRY CLUB DRIVE TRC Engineers Inc. Engineers and Planners 6136 Frisco Square Boulevard, Suite 375 Frisco, Texas 75034 Bid Date: April 17, 2009 Bid Submittal Time: 2:00 PM Location: City of Wylie City Hall The following additions/changes are hereby made a part of the Specifications for the above referenced project: 1. There are no screen walls on the Project. The description is included in Sheet 13 - City of Wylie Standard Construction Details that were included in the Plans. 2. The Bid Quantity for Retaing Wall is to be bid according to the Bid Proposal and paid per installed quantities. 3. The Portable CTB (LPCB) is to be used during construction to protect traffic. There are no set Beginning and Ending Stations due to the staged construction. 4. The Portable CTB (LPCB) Sloped End will be paid at the same unit price as LPCB. 5. The concrete pavement will be dowled as per City of Wylie Standards, not CRCP. 6. The Bid Quantity for Water Connections is to be bid according to the Bid Proposal and paid per installed quantities. 7. See attached Revised Bid Proposal TRC gineers Inc. gin ers and Plann . rs Raymo Carr, Jr., P.E. The Contractor shall acknowledge receipt of this Addendum on the face of the sealed envelope in which the Bid is submitted and by signing this Addendum and attaching it to this Bid Proposal. Name Title Date Iv Lacy. (: strue ion Civil Construction As Planned • '.tiww lhlacy.cam Project: FM 1378/Country Club Drive City: Wylie,Texas Date: April 17,2009 Time: 2:00 PM ITEM CODE ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1 PREP ROW Sta 114 $2,480.53 $282,780.42 2 EXCAVA RDWAY CY 48700 $5.62 $273,694.00 3 EXCAVA CHANNEL CY 300 $9.75 $2,925.00 4 EMBANK,FINAL,DENSITY CTRL TY C CY 21700 $1.83 $39,711.00 5 TOPSOIL 4" SY 41200 $0.57 $23,484.00 6 BLOCK SODDING SY 39800 $2.09 $83,182.00 7 BROADCAST SEED TEMP WARM SY 39800 $0.15 $5,970.00 8 VEG WTR MG 9000 $11.15 $100,350.00 9 SPRINKLING,DUST CTRL MG 4400 $2.12 $9,328.00 10 LIME,SLURRY TN 3910 $122.13 $477,528.30 11 LIME TREAT,EXIST MATL,12" SY 107200 $2.09 $224,048.00 12 8"CONC PAVE CONTINUE REINF CRCP SY 104100 $27.03 $2,813,823.00 13 ASPHALT TRANSITION SY 100 $28.74 $2,874.00 14 TRENCH EXCAVATION PROTECTION LF 16800 $0.05 $840.00 15 CL C CONC 4'SW,4" SF 104400 $2.68 $279,792.00 16 CL C CONC DRIVES 6" SF 44600 $3.46 $154,316.00 17 CL C CONC MEDIAN NOSE SF 2100 $8.62 $18,102.00 18 CL C CONC BARRIER FREE RAMP EA 42 $753.92 $31,664.64 19 CL C CONC MISC CY 15 $98.24 $1,473.60 20 CONDUIT 4" LF 4650 $8.50 $39,525.00 21 MSE WALL SF 2310 $31.80 $73,458.00 22 RETAINING WALL TYPE 6 LF 840 $53.10 $44,604.00 23 TRAFF RAIL,TY T501 LF 290 $45.77 $13,273.30 24 CONC BOX CULVERT 4-5'X 3' LF 983 $528.47 $519,486.01 25 CONC BOX CULVERT 3'X 2' LF 321 $92.14 $29,576.94 26 CL III RCP 18" LF 791 $34.53 $27,313.23 27 CL III RCP 21' LF 3655 $38.66 $141,302.30 28 CL III RCP 24" LF 4675 $43.99 $205,653.25 29 CL III RCP 27" LF 602 $49.81 $29,985.62 30 CL III RCP 30" LF 132 $56.28 $7,428.96 31 CL III RCP 36" LF 1761 $85.00 $149,685.00 32 CL III RCP 48' LF 2558 $119.09 $304,632.22 33 CL III RCP 54" LF 34 $153.03 $5,203.02 34 CL III RCP 60' LF 1288 $173.64 $223,648.32 35 INLET,RECESS,4' EA 1 $1,752.30 $1,752.30 36 INLET,RECESS,6' EA 5 $2,017.80 $10,089.00 37 INLET,RECESS,8' EA 12 $2,389.50 $28,674.00 38 INLET,RECESS,10' EA 40 $2,601.90 $104,076.00 39 INLET,STD,10' EA 2 $2,522.25 $5,044,50 40 INLET,TY Y EA 1 $2,177,10 $2,177 10 41 INLET,DROP EA 5 $2,177.10 $10,885.50 42 INLET,GRATE,TY III EA 4 $4,035.60 $16,142.40 43 INLET,DROP,TY C 2 GRATE EA 1 $2,973.60 $2,973.60 44 INLET,DROP,TY C 4 GRATE EA 1 $4,248.00 $4,248.00 45 MH,TY A EA 2 $2,655.00 $5,310.00 46 MN,TY B EA 35 $3,663.90 $128,236.50 47 MN,TY M EA 7 $3,717.00 $26,019.00 48 HEADWALL,PW 3'X 7 BOX CULVERT EA 1 $3,186.00 $3,186.00 49 HEADWALL,CH-FW EA 1 $1,805.40 $1,805.40 50 WINGWALL EXTENSION,PW,6' EA 1 $17,947.80 $17,947,80 51 SPECIAL JUNCTION STRUCT EA 1 $14,682.15 $14,682,15 52 CONC RIP RAP 4" SY 335 $57.35 $19,212.25 53 SAFETY END TREATMENT TY II 48"RCP EA 1 $2,389.50 $2,389.50 54 SAFETY END TREATMENT TY II 24"RCP EA 1 $1,327.50 $1,327.50 55 REM STRUCT INLET EA 10 $252.01 $2,520.10 56 REM STRUCT PIPE LF 3100 $4.64 $14,384.00 57 BARRICADES,SIGNS&TRAFF HANDLE MO 24 $2,085.95 $50,062.80 58 CONST EXITS,INSTL TY 1 SY 2500 $9.44 $23,600.00 59 CONST EXITS,REMOVE SY 2500 $1.06 $2,650 00 60 CONST DETOURS SY 1866 $32.69 $60,999.54 61 PORTABLE CTB,F&I LOW PROFILE LF 3000 $18.11 $54,330,00 62 PORTABLE CTB REMOVE LOW PROFILE LF 3000 $9.53 $28,590.00 1880 Crown Road PO Box 541297 214 357 0146 Dallas,Texas 75234 Dallas,Texas 75354-1297 F.214.350.0662 %' Lacy . ... n tr ction Civil Construction As Planned .vww lhlary eom 63 INSTL SM RD SGN SUP&AM TY 10BWG EA 38 $419.49 $15,940.62 64 REFL PAVE MARK,TY I,W,04",BRK LF 11470 $0.85 $9,749.50 65 REFL PAVE MARK,TY I,W,04",SLD LF 21436 $0.85 $18,220.60 66 REFL PAVE MARK,TY I,Y,04",DBL LF 22780 $0.85 $19,363.00 67 REFL PAVE MARK,TY I,Y,04",SLD LF 22782 $0.85 $19,364.70 68 REFL PAVE MARK,TY I-C EA 280 $3.13 $876.40 69 REFL PAVE MARK,TY II-C-R EA 1140 $3.13 $3,568.20 70 PAVE SURF PREP FOR MARKING LF 22780 $0.05 $1,139.00 71 SW3 CTRLS LS 1 $78,356.00 $78,356.00 72 DRILL SHAFT,TRAFF SIG POLE,36" LF 52 $185.85 $9,664.20 73 DRILL SHAFT,TRAFF SIG POLE,48" LF 44 $244.26 $10,747.44 74 CONDUIT,PVC,SCH 40,02" LF 35 $7.43 $260.05 75 CONDUIT,PVC,SCH 40,03" LF 520 $8.50 $4,420.00 76 CONDUIT,PVC,SCH 40,03"BORE LF 565 $18.05 $10,198.25 77 ELECT CONDUCT,#06,BARE LF 1120 $1 06 $1,187.20 78 ELECT CONDUCT,#06,INSUL LF 70 $1.06 $74.20 79 ELECT CONDUCT,#08,1NSUL LF 970 $1.06 $1,028.20 80 GRND BOX TY C W/APRON EA 11 $711.54 $7,826.94 81 ELECT SERV TY D EA 2 $5,203.80 $10,407.60 82 INSTL HWY TRAFF SIG ISOLATED EA 2 $19,116.00 $38,232.00 83 TEMP TRAFF SIG EA 1 $35,212.73 $35,212.73 84 BACKPLATE,12",03 SECT EA 15 $90.27 $1,354.05 85 BACKPLATE,12",04 SECT EA 2 $95.58 $191.16 86 BACKPLATE,12",05 SECT EA 2 $111.51 $223.02 87 PED SIG SECT,12",LED,2 INDIC EA 8 $531.00 $4,248.00 88 VEH SIG SECT,12",LED,GRN ARROW EA 4 $281.43 $1,125.72 89 VEH SIG SECT,12",LED,GRN EA 15 $297.36 $4,460.40 90 VEH SIG SECT,12",LED,YELL ARROW EA 2 $281.43 $562.86 91 VEH SIG SECT,12",LED,YELL EA 23 $302.67 $6,961.41 92 VEH SIG SECT,12",LED,RED EA 19 $270.81 $5,145.39 93 TRAFF SIG CABLE,TY A,12 AWG,10 CONDUCT LF 690 $2.12 $1,462.80 94 TRAFF SIG CABLE,TY A,12 AWG,16 CONDUCT LF 820 $3.19 $2,615.80 95 TRAFF SIG CABLE,TY A,14 AWG,05 CONDUCT LF 1005 $1.06 $1,065.30 96 TRAFF SIG CABLE,TY A,14 AWG,07 CONDUCT LF 143 $1 06 $151.58 97 TRAFF SIG PL AM,1 ARM,36' EA 1 $4,672.80 $4,672.80 98 TRAFF SIG PL AM,1 ARM,40' EA 1 $5,203.80 $5,203.80 99 TRAFF SIG PL AM,1 ARM,48' EA 2 $5,841.00 $11,682.00 100 TRAFF SIG PL AM,1 ARM,55'LUM EA 1 $14,868.00 $14,868.00 101 TRAFF SIG PL AM,1 ARM,65'LUM EA 1 $15,399.00 $15,399.00 102 PED POLE ASSY EA 2 $1,911.60 $3,823.20 103 PED DETECT PUSH BUTTON 2" EA 8 $143.37 $1,146.96 104 SPREAD SPECTRUM RADIO EA 1 $2,442.60 $2,442.60 105 ANTENNA,UNI-DIRECT EA 1 $345.15 $345.15 106 COAXIAL CABLE LF 95 $2.12 $201.40 107 REM TRAFF SIG EA 1 $1,062.00 $1,062.00 108 VIVDS PROCESSOR SYS EA 1 $6,372.00 $6,372.00 109 VIVDS CAMERA ASSY EA 4 $2,655.00 $10,620.00 110 VIVDS SAFETY END TREATMENT UP SYS EA 1 $292.05 $292.05 111 VIVDS COMMUNICATION CABLE,COAXIAL LF 1109 $2.12 $2,351.08 112 UNI-DIRECT OPTICOM DETECTOR(GTT TY 711) EA 7 $610.65 $4,274.55 113 PHASE SELECTOR(GTT TY 754) EA 2 $3,186.00 $6,372.00 114 OPTICOM DETECTOR CABLE LF 1627 $1.06 $1,724.62 115 MOBILIZATION LS 1 $400,033.84 $400,033.84 116 F&I 20"WTR LINE BY OC LF 1250 $76.39 $95,487.50 117 F&I 20"WTR LINE BY OC W/30"STL ENCASE PIPE LF 770 $132.94 $102,363.80 118 F&I 20"WTR LINE BY DRY BORE W/30"STL ENCASE PIPE LF 30 $454.85 $13,645.50 119 F&I 18"WTR LINE BY OC W/STD EMBED LF 2757 $61.05 $168,314.85 120 F&I 18"WTR LINE BY OC W/27"STL ENCASE PIPE LF 910 $131.82 $119,956.20 121 F81 18"WTR LINE BY OC W/CONC ENCASE LF 40 $76.80 $3,072.00 122 F&I 16"WTR LINE BY OC W/STD EMBED LF 3077 $56.09 $172,588.93 123 F81 16"WTR LINE BY OC W/24"STL ENCASE PIPE LF 205 $119.60 $24,518.00 124 F&1 12"WTR LINE BY OC W/STD EMBED LF 2504 $35.69 $89,367.76 125 F&I 12"WTR LINE BY OC W/20"STL ENCASE PIPE LF 360 $84.42 $30,391.20 126 F&I 12"WTR LINE BY OC W/CONC ENCASE LF 90 $62.63 $5,636.70 127 F&I 08'WTR LINE BY OC W/STD EMBED LF 1784 $30.26 $53,983.84 128 F&I 08"WTR LINE BY OC W/CONC ENCASE LF 200 $45.64 $9,128.00 129 F&I 06"WTR LINE BY OC W/STD EMBED LF 48 $24.87 $1,193 76 130 F&I BUTTERFLY VALVE W/EXTENDED OPERATOR,20" EA 1 $4,691.45 $4,691.45 131 F&I BUTTERFLY VALVE W/EXTENDED OPERATOR,18" EA 3 $4,178.50 $12,535.50 132 F&I BUTTERFLY VALVE W/EXTENDED OPERATOR,16" EA 4 $3,522.19 $14,088.76 133 GATE VALVE W/EXTENDED OPERATOR,12" EA 10 $1,874.88 $18,748.80 134 GATE VALVE W/EXTENDED OPERATOR,08" EA 25 $1,141.03 $28,525.75 135 GATE VALVE W/EXTENDED OPERATOR,06" EA 8 $872.35 $6,978.80 136 TAPP SLEEVE&VALVE 12" EA 1 $4,337.92 $4,337 92 137 TAPP SLEEVE&VALVE 08" EA 1 $2,547.39 $2,547 39 138 STD FIRE HYDRANT ASSY EA 8 $2,235.29 $17,882.32 1880 Crown Road PO-Box 541297 T 214 357 0146 Dallas,Texas 75234 Dallas,Texas 75354-1297 r 214.350 0662 V Lacy ... ( ns ructon Civil Construction As Planned .vww.lhlacy.corn 139 CONST 04"COMBO AIR REL VALVE W/4'DIA MH EA 3 $5,869.21 $17,607.63 140 CONST 03"COMBO AIR REL VALVE W/4'DIA MH EA 1 $5,272.36 $5,272.36 141 CONST 02"COMBO AIR REL VALVE W/4'DIA MH EA 2 $3,674.05 $7,348.10 142 CONST 06"BLOW OFF VALVE W/4'DIA MH EA 4 $5,251.12 $21,004.48 143 FBI COPPER WTR SERV 02" LF 66 $38.48 $2,539.68 144 F&I COPPER WTR SERV 1-1/7 LF 903 $31.40 $28,354.20 145 RELOC EXIST WTR METER&TRANSFER WTR EA 13 $583.58 $7,586.54 146 CONNECT TO EXIST WTR LINE EA 23 $1,708.78 $39,301.94 147 INSTL NEW 01'WTR METER EA 2 $567.93 $1,135.86 148 INSTL NEW 3/4"WTR METER EA 2 $567.93 $1,135.86 149 F&I SOLID BLOCK SOD BERMUDA GRASS SY 648 $4.25 $2,754.00 150 TRENCH SAFETY&PLAN LF 13746 $0.05 $687.30 Job Total 59,236,980.12 L.H.Lacy Company,Ltd. Submitted By:L.H.lacy ompenyd. Signed: f Printed Ron Mur:a4Ai Title:President 1880 Crown Road P0.Box 541297 T:214357 0146 Dallas,Texas 75234 Dallas,Texas 75354-1297 F 214 350.0662 1 1 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must he clear and comprehensive. This statement `' must be notarized. If necessary, questions may he answered on separate attached sheets. The Bidder may submit any additional information he desires. il Name of Bidder: L 'H* LACT Colitil tii 7, LYE? Date Organized: t c l Address: Date Incorporated: f�Yc.- Ao r-„2._ auAL,f ,,,„-(o,..t,, ., . i Number of Years in contracting business under present name: i' CONTRACTS ON HAND: Contract Amount $ Completion Date 3 Type of work performed by your company: :i Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? L� List the projects most recently completed by your firm(include project of similar importance): Project Amount $ Completion Date V Major equipment available for this contract: Attach resume(s) for theprincipal ofyour organization, includingthe officers as well as the O member(s) g � proposed superintendent for the project. Credit available: Bank reference: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the (Owner)in verification of the recitals comprising this Statement of Bidder's Qualifications. I I Executed this day of , 07. t By:(signature) Title: i (print name) 1 i i i a Hie right is reserved, as the interest of the OWNER may require, to award a contract or contracts, for this project to the qualified low bidder or bidders, or to reject any and all bids and to waive any i informality in the bids received. _.n In the event of the award of a contract to the undersigned, the undersigned will furnish performance 1 and payment bonds for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, 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. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the ENGINEER and the OWNER. The undersigned certifies that the bid prices contained in this have been carefullychecked proposal and are submitted as correct and final. NOTE: Unit and lumpprices must be shown in words sum r s and figures for each item listed in this proposal, and in the event of discrepancy, the words shall prevail. The undersigned bidder hereby acknowledges receipt of the following agenda to the Contract Documents. Addendum No. 1 Dated ! e�Received (2 Srtvl ,.. Addendum No. 2 Dated � / eceived (e�1-✓i Addendum No. 3 Dated of Received Addendum No. 4 Dated Received tit This is a proposal of L.N.LA41 aMp/Nr La orporation organized and existing under the law of the State of , or a partnership&consisting of or an Individual i doing business as / '"/ BY Seal and Authorization ,i r, (If a Corporation) 1.144.0 5. Oc T u/z.4tivd lu 4 .�es/, (Title) 7 1 .$O 22SJ,t g,n (Street Address) Rc.c.rQ s, /264'5 7 6 Z 34- / / (City and State) I 2I4' 2-o14G 3 (Telephone Number) 2i4- - 360 ' 06G. Z i (Fax Number) 1 i Proposal — 17 Lacy CONTRACTOR QUALIFICATION QUESTIONNAIRE Date: April 17,2009 Company Name: L.H.Lacy Company,Ltd. Street Address: 1880 Crown Road Dallas,Texas 75234 Mailing Address: P.O.Box 541297 Dallas,Texas 75354 Telephone No.: 214-357-0146 Fax No.: 214-350-0662 Contact(s)/Title(s): Ron Murawski,President Douglas McAfee,Sen.Project Estimator A. GENERAL INFORMATION: 1. Type of Organization Organized xxx Partnership Date:1919 State:Texas 2. Number of Employees: 251 -500 3. Principal Officers Present Position Yrs.With Co. Michael R. Lacy CEO and Chairman of the Board 43 years Ron Murawski President 3 years Robert C. Millsap Sr. Vice President 43 years George R. Rivero Chief Financial Officer 17 years Mitchell Bush Vice President 15 years Michael B. Morris Vice President—Paving Operations 32 years Mark Selby Vice President 5 years 4. Nature of Business: Contractor X a. Type of work: Site Work,Mass Excavation XXXX Site Work Utilities XXXX Concrete Paving XXXX Other: Page 1 of 6 b. Approved/qualified as: ITEM YES NO 1. Small Business Enterprise(SBE)? XXX 2. Minority Business Enterprise(MBE)? XXX 3. Women Owned Business Enterprise(WBE)? XXX 4. Disadvantaged Business Enterprise(DBE)? XXX 5. Business in a Labor Surplus Area? XXX c. Equal Opportunity Employer: Yes X No d. Written Drug and Alcohol Policy: Yes X No 5. Experience: a. Current licenses: STATE LICENSE# TYPE $LIMIT EXPIRATION Texas b. Has a license ever been denied or revoked? Yes No X c. Has Lacy ever failed to complete any awarded contract? Yes No X d. Are there any judgments, claims, arbitration proceedings or lawsuits pending, outstanding or threatened which Lacy or its officers are or have been a party? Yes No X e. Has Lacy filed any lawsuits or requested arbitration with regard to any work you have done in the last five years? Yes No X f. Has Lacy denied any request or demand for indemnity within the last five years? Yes No X g. Union Affiliations: Yes No X h. Geographical work areas:Texas i. Taxpayer ID#: 01-0646802 B. FINANCIAL INFORMATION: 1. Annual Sales Volume: (last five years).Approximate. 2008 2007 2006 2005 2004 $63,000,000 $75,054,000 $68,500,000 $65,150,000 $59,800,000 2. Largest Contract completed to date: Description: Collin McKinney Parkway-Contract Value$12,699,000—(2006-2008) Owner—McKinney Ranch,LTD. New Right of Way(Blvd) Page 2 of 6 • 3. Banking Information: Name Of Bank COMPASS BANK,TEXAS Address Of Bank 8080 N.Central Expressway,Ste 250,Dallas,Texas 75206 Telephone No. 214-706-8038 Contact Cecile Cheminat 4. Bonding Information: ITEM RESPONSE Limit($) $59,000,000 Bonding Company Arch Insurance Company "Best"Rating A,XV Bonding Agent Bowen,Miclette&Britt Address(Bonding Agent) P.O. Box 922022,Houston,Tx 77292 Telephone Number (800)966-5497 Fax Number (713)880-7149 Contact Toby Miclette 5. Has Lacy now or ever been involved in any bankruptcy or reorganization proceedings? Yes No X 6. Copy of current Income Statement and Balance Sheet. Please Contact George R.Rivero—CFO—214-357-0146 7. Dun and Bradstreet Listing: 00-577-9046/Rating: 3A3 C. INSURANCE COVERAGE: TYPE AMOUNT COMPANY Worker's Compensation $1,000,000 The Harford Insurance Company Employer's Liability See Attached P.O.Box 922022 Commercial General Liability $2,000,000 Houston,Texas 77292-2022 Automotive Liability $1,000,000 Contact: Dorothy Sundin 713-880-7133 Excess Liability $15,000,000 Other D. SAFETY: 1. Experience Modification Rate(EMR)for the seven most recent years: EMR Rate 2008 0.84 2007 0.36 2006 0.43 2005 0.51 2004 0.70 2003 0.67 2002 0.76 2001 0.63 2000 0.59 1999 0.41 Page 3 of 6 2. Any serious and/or willful OSHA and/or MSHA Citations Lacy has received in the last three years: None 3. Written safety program: Yes X No 4. Safety meetings for field supervisors: Yes X No Held: Weekly 5. Craft"toolbox"safety meetings: Yes X No Held: Weekly 6. Project safety inspections: Yes X No Inspections conducted by: Site Supervisor and Health and Safety Manager When: Site Supervisor— Daily; Health and Safety Manager-Monthly 7. Conduct and maintain records for New Employee Orientation Program: Yes X No 8. Written Hazard Communication Program: Yes X No 9. Disciplinary actions for Safety Violations: Yes X No Safety Statement Lacy's safety program includes employment involvement (employee orientation, employee training, safety rules, personal protective equipment, disciplinary procedures), safety program elements (safety committee/reports and accident investigation/report), safety incentive plan, injury management (management's role and return to work plan), hazardous communication program, driver safety, DOT driver qualification, fire extinguisher program,respirator program,confined space entry program,and trench burning program. Our safety program's purpose is to protect and promote the health and safety of employees, customers, and others who may be affected by Lacy's business activities, comply with all pertinent regulatory obligations, assure the safety, health, environmental, and loss-control programs are given the proper priority and attention, and are achieving the required results, and coordinate safety, health, and loss-control activities while maintaining consistency in procedures. Our safety program's goal is to minimize health and safety risks by providing safe and healthful work environments and preventing unsafe acts, controlling exposures to health and safety hazards in the workplace, provide and assure appropriate health and safety programs exist and are in place, and control hazards in the workplace and assure that employees are informed of hazards and how to protect themselves from overexposure. Lacy maintains medical records in a confidential manner, assures that all managers, supervisors, and employees have received orientation, instruction, and training in health and safety protection matters, and requires that all health, safety, and loss-control practices, standards, laws, and regulations be observed relating to people, facilities,materials,processes,and the environment. Page 4 of 6 E. CONSTRUCTION PROJECTS: CONSTRUCTION PROJECTS IN PROGRESS(partial list) NAME OWNER CONTRACT AMT Lake Lewisville Corridor Sec3 Denton County/Bo Cung(HNTB) (817)556-1591 $4,460,019 Pleasant Ridge Road City of Arlington/Keith Brooks (817)459-6535 $11,695,377 Routh Creek Parkway City of Richardson/Henry Drexel (972)744-4278 $7,012,034 Forney High School#2 Gallagher Construction/Jeff Fisher (972)633-0564 $3,562,400 ALDI Distribution(Westcourt Rd) ALDI Inc/David (704)357-2856 $1,818,526 Woodbridge Crossing Ph 1 Direct Development/Micheal Goss (214)979-3334 $6,469,454 Elm Street Extension Encore Wire Corp/Norman Medlin (972)562-9473 $1,701,092 Smith,Old Stoney&Schluter Rd Denton County/Brian O'Neil (817)763-8883 $9,567,824 FM 2552 Reroute City of Weatherford/Terry Hughes (817)598-4244 $6,962,394 Lake Carolyn Parkway Ph 2 City of Irving/David Springob (972)721-2784 $5,940,829 Manderville, Meadow&Treehouse Ln Hunt Reality/Scott Ship (214)978-8584 $4,176,808 COMPLETED CONSTRUCTION PROJECTS(partial list) NAME OWNER CONTRACT AMT Stacy Road&Collin McKinney McKinney Ranch Ltd./Chuck Richardson $12,699,000 Frost Farm Harlan Properties $836,843 Southwind phase 2 Kimball Hill Homes $756,878 Sedona D.R.Horton $952,711 Ashford Park Barham&Harris $552,720 Hidden Creek phase 11 Whittle Development $1,231,000 Panther Creek Phase 6 Intermandeco $1,049,885 Sendera Ranch Centurion American $1,375,300 Valleybrook Lennar Homes $1,353,944 Southwest Community Park Don Dean Construction $1,000,791 Arcadia Park phase 5 Goodman Land Advisors $349,988 Collinsbrook phase I Wilbow Corporation $593,816 Forney Community Park Don Dean Construction $1,378136 Sunset Pointe Phase 8 Papagolos Development $440,847 Falcon's Ridge Phase 2 D. R. Horton $343,490 Medpark Drive Epic Development $1,182,270 Villas at Mira Lagos Phase 1 Mozley Acquisition $1,208,157 Creekside Phase I Gravely Development $910,014 Boardwalk Phase 2 Andante Development $952,000 Quail Run Phase 3 Lennar Homes $347,184 Lakes of Prosper Phase 1 Goodman Land Advisors $1,029,676 Highlander Boulevard&Center Street Arlington Highlanders $1,443,379 Lake Lewisville Corridor Secl Denton County $4,460,019 Lesley Infrastructure Duke Reality $1,428,480 DFW International CF Jordan $811,921 Wylie Lakes ph IA& 1B D.R.Horton $965,351 McKinney Marketplace JDN Development $6,400,000 Gateway Plaza Lincoln Property Company $6,600,000 Prestonwood Baptist Prestonwood Baptist Church $5,500,000 Lampasas Street City of Ennis $1,400,000 Payton Wright Ford Autonation $2,500,000 Custer Road City of Plano $5,000,000 Cameron Crossing Hunt Properties $5,200,000 Alma Road City of Allen $2,300,000 Gaylord Parkway&Ohio Drive City of Frisco $1,650,000 Bardin Road City of Arlington $2,300,000 Frisco Soccer Complex Hunt Sport Group $2,260,800 Page 5 of 6 SUBCONTRACTOR OR OWNER REFERENCES: COMPANY CONTACT DIRECT PHONE# 1. Lincoln Property Company Robert Dozier (214) 740-3300 2. Bon-Terre Joel Robuck (214)361-7830 3. Hines Development Danny Opitz (972)716-2912 4. Double Tree Construction Chuck Richardson (469)583-6020 5. Rogers&Son Terry Cailteux (214)876-3233 6. AutoNation Bob Olufs (954)769-2303 7. D2 Development David Davis (469)916-6400 8. Dean Construction Don Dean (972)291-7153 9. Hunt Properties (214)360-9600 F. MATERIALS REFERENCE LIST HOLCIM US INC. 1800 Dove Lane Midlothian,Texas 76065 Contact: Luther Eddleman (972)299-2202 BARNSCO, INC. P.O. Box 541087 Dallas,Texas 75220 Contact: (214)352-9091 TEXAS LIME COMPANY 13800 Montfort Drive, Ste 330 Dallas,Texas 75240 Contact: Bob Reeves (800)772-8000 LATTIMORE MATERIALS P.O.Box 996 McKinney,Texas 75070 Contact: Greg Hommel (972)569-4646 FRANK BARTEL TRANSPORTATION 7401 S. Hwy 377 Aubrey,Texas 76227 Contact: Rick Bartel (940)440-3230 MARTIN MARIETTA MATERIALS P.O.Box 2466 Denton,Texas 76202 Contact: Mike Bradley (940)243-8520 SUBMITTED BY: Signature: �' : Y, Printed Name: _ ,�o'A/4 c. 5. Title: l'' e76/ e—A-; Date: .+ji 7/0 9 Page 6 of 6 __.: I } 1 1 CITY OF WYLIE, TEXAS H PLANS, SPECIFI CATIONS, . I AND CONTRACT DOCUMENTS �.1 FORII I.ii Is PAVING & DRAINAGE IMPROVEMENTS ;"I Li 1 FM 1378/COUNTRY CLUB DRIVE ii, � I i� d il / ' '' 4'it;. r, [ I 4. • \ • COLL1 N i -'. ' COUNTY N TY ' f [I CITY OF WYLIE e fyx � , : IJI [I q : ,:.1/2,„.%_ t'':* . ,14' , . ...,4,,, .' on irk I.-Ill 141 II 1 ii, Ewa i "'�b1 EOf tZ 11 it 1 ��r'.• •. .,.i%_-i ill k fit/ ��• .4�„� '`t' 43 I;i ior.t: ..*11 ; i t :SV r,W R4YMONDCAPRJr?. d r i(...: n �t$ ..0 47249 l'� !t. • 1 ��'"FS�crvs ��'' 'I�ilki� L. ti I I j 1Os'QN y;N� I.)CI ill TRC Engineers, Inc. F-86;2 i 11, li-_ City of Wylie, Texas Paving & Drainage Improvements FM 1378/Country Club Drive[ : TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL BID BOND STATEMENT OF BIDDER'S QUALIFICATIONS STANDARD FORM OF AGREEMENT PERFORMANCE BOND 1 PAYMENT BOND CERTIFICATE OF INSURANCE GENERAL CONDITIONS OF THE CONTRACT a SUPPLEMENTARY CONDITIONS OF THE CONTRACT [1 TECHNICAL SPECIFICATIONS: NCTCOG STANDARD SPECIFICATIONS SPECIAL CONDITIONS TO NCTCOG SPECIFICATIONS SECTION 01750 STORM WATER POLLUTION PREVENTION PLAN SECTION 02228 TRENCH SAFETY SYSTEMS SECTION 04403 SPECIAL SHORING TRAFFIC SIGNAL SPECIFICATIONS: TEMPORARY AND PERMANENT TRAFFIC SIGNAL SPECIFICATIONS SPECIAL SPECIFICATION 6006 SPREAD SPECTRUM FOR TRAFFIC SIGNALS SPECIAL SPECIFICATION 6007 REMOVING TRAFFIC SIGNALS SPECIAL SPECIFICATION 6266 VIDEO IMAGING VEHICLE DETECTION SYSTEM Li Li ri .) Wi NOTICE TO CONTRACTORS FOR THE CONSTRUCTION OF Paving & Drainage Improvements FM 1378/Country Club Drive WYLIE, TEXAS Sealed bids addressed to the Honorable Mayor and City Council of Wylie, Texas (Owner) will be received at the office of the City of Wylie Purchasing Agent, City Hall, 2000 Hwy. 78 North, Wylie, Texas 75098, until 2:00 p.m., April 17, 2009, and then publicly opened and read aloud immediately thereafter, for furnishing all labor, tools, material and equipment, and for performing all work necessary to construct the widening and reconstruction of FM 1378/Country Club Drive. The improvements include approximately 11,500 linear feet of a six-lane divided concrete street including curbs and related drainage facilities, approximately 1,400 linear feet of 8-inch waterline, 3,000 linear feet of 12-inch waterline, 3,300 linear feet of 16-inch waterline, and related appurtenances in Wylie, Texas. Contract Documents, including Drawings and Technical Specifications, will be available for review or may be secured from TRC Engineers, Inc. at 6136 Frisco Square Blvd., Suite 375, Frisco, Texas 75034 (972-712-6400), upon payment of a non-refundable Two Hundred Fifty Dollars ($250.00) per set. Checks shall be made payable to TRC Engineers, Inc. A certified check payable to the City of Wylie, Texas or a satisfactory Bid Bond executed by the Bidder and an acceptable surety in an amount equal to five (5%) of the total Bid shall be submitted with each Bid. The successful bidder must furnish performance and payment bonds upon the forms provided in the amount of one hundred percent (100%) of the contract price from an approved surety company holding a permit from the State of Texas, to act as a surety of sureties acceptable to the Owner. The contract shall be awarded to the lowest responsible bidder, however, the right is reserved, as the interests of the Owner may require, to reject any and all bids, and to waive any informality in bids received. The low bidder(s) shall be prepared to submit such evidence as the Owner may require to establish his experience, possession of such equipment, qualification of personnel, and financial responsibility necessary to prosecute the work on this project in an expeditious, safe, and satisfactory manner. Bids may be held by the Owner for a period not to exceed ninety (90) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the contract. A pre-bid conference will be held at the City of Wylie's City Hall (2000 Hwy 78 North, Wylie, Texas 75098) at 2:00p.m, April 2, 2009. Representatives of the Owner and Consulting Engineer will be present to discuss the project. Bidders are strongly encouraged to attend. By/s/ ERIC HOQUE Eric Hogue, Mayor City of Wylie, Texas NOTICE TO CONTRACTORS FOR THE CONSTRUCTION OF 1 '. L Paving & Drainage Improvements FM 1378/Country Club Drive WYLIE, TEXAS Sealed bids addressed to the Honorable Mayor and City Council of Wylie, Texas (Owner) will be 7 received at the office of the City of Wylie Purchasing Agent, City Hall, 2000 Hwy. 78 North, 4 '. Wylie, Texas 75098, until 2:00_p.m., April 15_, 2009, and then publicly opened and read aloud immediately thereafter, for furnishing all labor, tools, material and equipment, and for performing r:5 all work necessary to construct the widening and reconstruction of FM 1378/Country Club Drive. '0 4 The improvements include approximately 11,500 linear feet of a six-lane divided concrete street including curbs and related drainage facilities, approximately 1,400 linear feet of 8-inch r.°1 waterline, 890 linear feet of 12-inch waterline, 50 linear feet of 16-inch waterline, and related appurtenances in Wylie, Texas. ¶ Contract Documents, including Drawings and Technical Specifications, will be available for review or may be secured from TRC Engineers, Inc. at 6136 Frisco Square Blvd., Ste. 375, Frisco, Texas 75034 (972-712-6400), upon payment of a non-refundable Two Hundred Fifty Dollars ($250.00) per set. jjChecks shall be payable to TRC Engineers. Checks shall be made payable to TRC Engineers, Inc. .1 A certified check payable to the City of Wylie, Texas or a satisfactory Bid Bond executed by the Bidder l and an acceptable surety in an amount equal to five (5%) of the total Bid shall be submitted with each .1 Bid. The successful bidder must furnish performance and payment bonds upon the forms provided in the amount of one hundred percent(100%) of the contract price from an approved surety company holding a permit from the State of Texas, to act as a surety of sureties acceptable to the Owner. The contract shall be awarded to the lowest responsible bidder, however, the right is reserved, as the interests of the Owner may require, to reject any and all bids, and to waive any informality in bids received. The low bidder(s) shall be prepared to submit such evidence as the Owner may require to { establish his experience, possession of such equipment, qualification of personnel, and financial responsibility necessary to prosecute the work on this project in an expeditious, safe, and satisfactory '; manner. Bids may be held by the Owner for a period not to exceed ninety (90) days from the date of the opening Li of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the contract. "I A pre-bid conference will be held at the City of Wylie's City Hall (2000 Hwy 78 North,Wylie, Texas u) 75098) at 2:00 p.m, March 23, 2009. Representatives of the Owner and Consulting Engineer will be present to discuss the project. Bidders are strongly encouraged to attend. I By/s/ ERIC HOQUE -1 Eric Hogue, Mayor City of Wylie, Texas NTC-1 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, shall be considered to have the same meanings assigned to them and should be applied in the same manner to a supplier, or a sub-bidder, or any other entity who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an • award. The term "Bidding Documents" includes the Advertisement or Notice to Contractors, Instructions to Bidders, the Bid Form, the proposed Contract Documents, and the plans and specifications (including all Addenda issued prior to receipt of Bids.) 1.2. Other terms used in the Bidding Documents and not defined elsewhere have the following meanings which are applicable to both the singular and plural thereof: The term "Shall" means mandatory. The term "May" means permission is required by the OWNER or ENGINEER. ..¢ 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, stated in the Notice to Contractors, may be obtained from the offices of the Engineer. 2.2. Complete sets of the Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. OWNER and ENGINEER in making copies of Bidding Documents available under the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. x,} 3. Examination of Contract Documents and Site 3.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the r1 Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may effect cost, progress, performance or furnishing of the work, (do study and carefully correlate Bidder's .1 observations with the Contract documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. rr t i Instructions - 1 • 3.2. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data t t furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness ' thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.3. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain • any additional examinations, investigations, explorations, tests and studies and obtain w any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder °` deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. l;_I 3.4. On request in advance, OWNER will provide each Bidder access to the site to 4 conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition 7 t upon completion of such exploration. A 3.5. The lands upon which the Work is to be performed, rights-of-way and easements for 7. access thereto and other lands designated for use by Contractor in performing the Work are identified in the contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and I equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. t 3.6. The submission of Bid(s) shall constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid(s) is(are) premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences . or procedures of construction as may be indicated in or required by the contract Documents, and that the contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and 1 furnishing of the Work. Li 4. Interpretations and Addenda 4.1. All questions about the meaning or intent of the contract Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER 1 in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than two days prior to the date for opening of Bids may not be i Instructions - 2 answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 4.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. EACH ADDENDA, if so issued, shall be acknowledged by the CONTRACTOR and included with the documents presented at the bid opening. Receipt of Addenda must be acknowledged in the spaces provided in the bid form. 5. Contract Time The numbers of days within which the Work is to be completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. El 6. Liquidated Damages For Failure to Complete on Time The time of completion is the essence of this contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the 11 increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the contract is signed, the sum per day specified in the Bid Form, shall be deducted from the monies due the CONTRACTOR. [1 l 7. Substitute or"Or-Equal" Items ii' The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to ENGINEER, applicable for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by ENGINEER is set forth in the General Conditions and/or Supplementary Conditions. El 8. Bid Form 8.1 The Bid Form is included with the Bidding Documents; additional copies may be l obtained from ENGINEER (or the issuing office). 8.2 All blanks on the Bid Form must be completed in ink or by typewriter. [I 8.3. Bids by corporations must be executed in the corporate name by the president or a r vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown 4 below the signature. Instructions - 3 f 8.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. i . 8.5. All names must be typed or printed below the signature. r r 8.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 8.7. Bidder may choose to create a duplicate Proposal for Bidder's convenience to lw.l facilitate electronic entry and updating of bid prices. The duplicate Proposal is to be printed and included with Bid in the same manner and subject to the same "_ requirements and conditions applicable to the original Proposal form bound in these bidding documents. It is the responsibility of the Bidder to assure that all the ,1 information shown on the Proposal form is transposed correctly. Any errors or omissions may result in the bid being considered as non-responsive. Any deviation from the structure/layout of the Proposal form may result in the bid being considered 1 non-compliant. I 9. Submission of Bids t Bids shall be submitted at the time and place indicated in the Notice to Contractors and shall be enclosed in an opaque sealed envelope, marked with the Project Title (and, if applicable, IT I the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a 1 separate envelope with the notation "BID ENCLOSED" on the face of it. Bid submittal to include the STATEMENT OF BIDDER'S QUALIFICATIONS form (bound herein), properly signed and dated, with the stated attachments. 10. Modification and Withdrawal of Bids [i Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where Bids are to be f isubmitted at any time prior to the opening of Bids. Li 11. Bids to Remain Subject to Acceptance IAll bids will remain subject to acceptance for the length of time after the day of the Bid opening specified in the Notice to Contractors and/or Bid Form,but OWNER may, in its sole t'1 discretion, release any Bid and return the Bid security prior to that date. t s i Instructions -4 12. Award of Contract 12.1. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 12.2. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract term with the successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. " l 12.3. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidder's proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the contract Documents to OWNER's satisfaction within the prescribed time. `l k 13. Contract Security [1 Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth by OWNER's requirements as to performance and payment Bonds. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 14. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by ., the required number of unsigned counterparts of the Agreement with all other written IContract documents attached. Within ten (10) days thereafter contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter OWNER shall deliver two fully signed counterparts to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. t I,1 Instructions - 5 ` 15. Retainage The amount retained for partial payment shall be 5% of the payment for all contracts awarded for any amount greater than or equal to $400,000.00. Should the contract awarded be less f E than $400,000.00, the amount of retainage for partial payment shall be 10%. 16. Electronic Drawing Files ki t. The following AUTOCAD (2006 Version) files are available to Bidders, upon request, subject to the provisions of General Conditions Paragraph 3.06 (Electronic Data), and the g'1 conditions outlined below: 1 • EXISTING TOPO.DWG r • EXISTING UTILITIES.DWG • POINTS.DWG - • PROP ROAD & STM.DWG These electronic files may be obtained from TRC at 6136 Frisco Square Blvd., Ste 375, • ; Frisco, Texas 75034. Bidders shall sign a release form to obtain these files. Release forms will be provided by TRC. These files are being provided for the Bidders' convenience and should be used at their own t i risk. The files are believed to be the most current version of the files relating to the subject project as of the date requested, but they should be used with caution. The Bidding iDocuments shall supercede the electronic files. If a discrepancy is discovered between the it J electronic files and any part of the Bidding Documents, it is the Bidders' responsibility to notify TRC immediately. TRC takes no responsibility for any use or misuse of these files and any corruption of the files. By accepting the files, the Bidder further agrees not to reuse these electronic files, in whole or 0 in part, for any purpose other than the Project and not to transfer these electronic files to others without the prior written consent of TRC. As the Interested Party(s), the Bidder agrees to waive all claims against TRC resulting in any way from any unauthorized changes to, or [I reuse of, the electronic files for any other project by anyone other than TRC. , i r Instructions - 6 PROPOSAL TO CITY OF WYLIE,TEXAS FOR , PAVING & DRAINAGE IMPROVEMENTS FM 1378/COUNTRY CLUB DRIVE r The undersigned, as bidder, declares that the only person or parties interested in this proposal as 1`1 principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Contractors, specifications, and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work; and agrees that he will provide 173 all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the ENGINEER as therein set forth. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the ENGINEER, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the ENGINEER,but not shown on the plans or required by the specifications, in accordance with the j provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. The undersigned hereby agrees to commence work within ten (10) days after the date written notice to do shall have been given to him, to substantially complete the work within 540 consecutive calendar days, and to achieve final completion of all work within 600 consecutive calendar [} days after the date when the Contract Time commences to run, subject to such extensions of time as are provided by the General Provisions and Special Conditions. The undersigned further agrees that OWNER may assess liquidated damages in the amount of$500 per calendar day for each day that expires beyond the contract completion dates until the work is substantially and/or finally completed. r! ii Proposal - I BID PROPOSAL FOR LABOR, MATERIAL, EQUIPMENT AND INCIDENTALS: FM 1378/COUNTRY CLUB DRIVE Item Estimated Description and Unit Price To Be Written in Unit Price Total Amount No. Quantity Words 1 114 STA PREPARING ROW wf COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 2 500 SY REMOVE CONCRETE (PAVEMENT) COMPLETE IN PLACE, THE SUM OF L r} Dollars Cents $ $ - 3 2,375 SY REMOVE CONCRETE (DRIVEWAYS) COMPLETE IN PLACE, THE SUM OF r Dollars Cents $ $ 4 31,300 SY REMOVE STABILIZED BASE AND ASPHALT PAVEMENT (7 INCH-12 COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 5 48,700 CY EXCAVATION (ROADWAY) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 1 f 6 300 CY EXCAVATION (CHANNEL) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 7 21,700 CY EMBANKMENT (FINAL) (DENSITY CONTROL) (TYPE C) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 8 41,200 SY TOPSOIL (4 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 9 39,800 SY L,LOCK SODDING COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 10 39,800 SY BROADCAST SEED (TEMPORARY) (WARM) COMPLETE IN PLACE, THE SUM OF Dollars [1 Cents $ $ - 11 9,000 MG VEGETATIVE WATERING COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 12 4,400 MG SPRINKLING (DUST CONTROL) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ L_F 13 3,910 TON LIME (COMMERCIAL LIME SLURRY) r s COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 14 107,200 SY LIME TREATMENT (EXISTING MATERIAL) (12 INCH) COMPLETE IN PLACE, THE SUM OF t a 3 Dollars I Cents $ $ - 15 104,100 SY 8 INCH CONCRETE PAVEMENT - CONTINUOUS REINFORCED - CRCP COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 16 16,800 LF TRENCH EXCAVATION PROTECTION COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 17 104,400 SF CLASS C CONCRETE (4 FOOT SIDEWALK) (4 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Fn Cents $ $ tia 4, 18 44,600 SF CLASS C CONCRETE (DRIVES) (6 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 19 2,100 SF CLASS C CONCRETE MEDIAN NOSE COMPLETE IN PLACE, THE SUM OF , Dollars Cents $ $ �.,I s 20 42 EA CLASS C CONCRETE BARRIER FREE RAMP COMPLETE IN PLACE, THE SUM OF Dollars fl Cents $ $ - 21 15 CY CLASS C CONCRETE (MISCELLANEOUS) COMPLETE IN PLACE, THE SUM OF Dollars 11 Cents $ $ - 22 4,650 LF CONDUIT (4 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 23 2,310 SF MSE WALL COMPLETE IN PLACE, THE SUM OF Dollars r i Cents $ $ 24 290 LF TRAFFIC RAIL (TYPE T501) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 25 983 LF CONCRETE BOX CULVERT (4-5 FOOT X 3 FOOT) COMPLETE IN PLACE, THE SUM OF r Dollars Cents $ $ 26 321 LF CONCRETE BOX CULVERT (3 FOOT X 2 FOOT) ICOMPLETE IN PLACE, THE SUM OF Dollars r Cents $ $ - 27 791 LF RC PIPE (CLASS III) (18 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 28 3,655 LF RC PIPE (CLASS III) (21 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 29 4,675 LF RC PIPE (CLASS III) (24 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ xi 30 602 LF RC PIPE (CLASS III) (27 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 31 132 LF RC PIPE (CLASS III) (30 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 32 1,761 LF RC PIPE (CLASS III) (36 INCH) l COMPLETE IN PLACE, THE SUM OF r ; Dollars Cents $ $ 33 2,558 LF RC PIPE (CLASS III) (48 INCH) COMPLETE IN PLACE, THE SUM OF .,I Dollars Cents $ $ - 34 34 LF RC PIPE (CLASS III) (54 INCH) COMPLETE IN PLACE, THE SUM OF Dollars $ Cents $ F,, 35 1,288 LF RC PIPE (CLASS III) (60 INCH) COMPLETE IN PLACE, THE SUM OF w-� Dollars Cents $ $ ) 36 1 EA INLET (COMPLETE) RECESSED (4 FOOT) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - r ! 37 5 EA INLET (COMPLETE) RECESSED (6 FOOT) COMPLETE IN PLACE, THE SUM OF Dollars I-1 Cents $ $ t. 38 12 EA INLET (COMPLETE) RECESSED (8 y FOOT) 1 I COMPLETE IN PLACE, THE SUM OF f t Dollars r Cents $ $ - `.1 39 40 EA INLET (COMPLETE) RECESSED (10 FOOT) COMPLETE IN PLACE, THE SUM OF ml Dollars $Cents $ - 40 2 EA INLET (COMPLETE) STANDARD (10 FOOT) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 41 1 EA INLET (COMPLETE) TYPE Y COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 42 5 EA INLET (COMPLETE) DROP COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 43 4 EA INLET (COMPLETE) GRATE - TYPE III COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 44 1 EA INLET (COMPLETE) (DROP) (TYPE C) (2-GRATE) COMPLETE IN PLACE, THE SUM OF Dollars I 1 Cents $ $ 45 1 EA INLET (COMPLETE) (DROP) (TYPE C) 111 (4-GRATE) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - MANHOLE EA (COMPLETE) (TYPE 46 2 A) COMPLETE IN PLACE, THE SUM OF Li Dollars Cents $ $ 47 35 EA MANHOLE (COMPLETE) (TYPE B) COMPLETE IN PLACE, THE SUM OF Dollars w Cents $ $ 3 Li 48 7 EA MANHOLE (COMPLETE) (TYPE M) COMPLETE IN PLACE, THE SUM OF Dollars f i Cents $ $ 49 1 EA HEADWALL (PW) 3 FOOT X 2 FOOT BOX CULVERT ' COMPLETE IN PLACE, THE SUM OF E + Dollars ' F Cents $ $ �T 50 1 EA HEADWALL (PW) TYPE B COMPLETE IN PLACE, THE SUM OF T� Dollars Cents $ $ 51 1 EA WINGWALL EXTENSION (PW) (HW=6 FT) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 52 1 EA SPECIAL JUNCTION STRUCTURE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 53 335 SY CONCRETE RIPRAP (4 INCH) COMPLETE IN PLACE, THE SUM OF Dollars tt Cents $ $ �1 t 54 1 EA SAFETY END TREATMENT (TYPE II) (48 INCH) (RCP) COMPLETE IN PLACE, THE SUM OF ' Dollars Cents $ $ - 55 1 EA SAFETY END TREATMENT (TYPE II) (24 INCH) (RCP) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ } 56 10 EA REMOVE STRUCTURE (INLET) COMPLETE IN PLACE, THE SUM OF 4} P Dollars t a� Cents $ $ - 57 3,100 LF REMOVE STRUCTURE (PIPE) COMPLETE IN PLACE, THE SUM OF 11.1 Dollars Cents $ $ - Li58 24 MO BARRICADES, SIGNS AND TRAFFIC HANDLING COMPLETE IN PLACE, THE SUM OF Dollars $Cents $ - v 59 2,500 SY CONSTRUCTION EXITS (INSTALL) (TYPE 1) r e}} COMPLETE IN PLACE, THE SUM OF LI Dollars 7, 1 Cents $ $ t ( r° I 60 2,500 SY CONSTRUCTION EXITS (REMOVE) COMPLETE IN PLACE, THE SUM OF r- Dollars Cents $ $ 61 1,866 SY CONSTRUCTION DETOURS t° COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ ' 62 3,000 LF PORTABLE CTB (FURNISH AND INSTALL) (LOW PROFILE) (TYPE 1) COMPLETE IN PLACE, THE SUM OF Dollars g' Cents $ $ 63 3,000 LF PORTABLE CTB (REMOVE) (LOW PROFILE) (TYPE 1) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 64 38 EA INSTALL SM RD SN SUP & AM TYPE 10BWG (1) SA(P) COMPLETE IN PLACE, THE SUM OF Dollars { Cents $ $ - 1 65 11,470 LF REFLECTIVE PAVEMENT MARKING TYPE I (W) 4 INCH (BROKEN) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 66 21,436 LF REFLECTIVE PAVEMENT MARKING TYPE I (W) 4 INCH (SOLID) (100MIL) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ _ 67 22,780 LF REFLECTIVE PAVEMENT MARKING TYPE I (Y) 4 INCH (DOUBLE) (100MIL) COMPLETE IN PLACE, THE SUM OF Dollars ( Cents $ $ _ �•J 68 22,782 LF REFLECTIVE PAVEMENT MARKING [1 TYPE I (Y) 4 INCH (SOLID) (100MIL) # COMPLETE IN PLACE, THE SUM OF Dollars t Cents $ $ _ 69 280 EA REFLECTIVE PAVE MENT MARKER TYPE I-C COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 70 1,140 EA REFLECTIVE PAVEMENT MARKER TYPE II-C-R COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 71 22,780 LF PAVEMENT SURFACE PREPARATION FOR MARKING .,I COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 72 1 LS SW3 CONTROLS COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 73 52 LF DRILL SHAFT (TRAFFIC SIGNAL POLE) (36 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ r L. 74 44 LF DRILL SHAFT (TRAFFIC SIGNAL POLE) (48 INCH) COMPLETE IN PLACE, THE SUM OF Dollars Ii Cents $ $ - 75 35 LF CONDUIT (PVC) (SCHEDULE 40) (2 INCH) COMPLETE IN PLACE, THE SUM OF L i Dollars Cents $ $ 76 520 LF CONDUIT (PVC) (SCHEDULE 40) (3 INCH) COMPLETE IN PLACE, THE SUM OF r Dollars Cents $ $ 77 565 LF CONDUIT (PVC) (SCHEDULE 40) (3 INCH) (BORE) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 78 1,120 LF ELECTRICAL CONDUCTOR (NO. 6) BARE [, COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 79 70 LF ELECTRICAL CONDUCTOR (NO. 6) INSULATED COMPLETE IN PLACE, THE SUM OF Dollars l Cents $ $ - 80 970 LF ELECTRICAL CONDUCTOR (NO. 8) INSULATED COMPLETE IN PLACE, THE SUM OF F! Dollars Cents $ $ - ti 81 11 EA GROUND BOX TYPE C (162911) W/ APRON COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 82 2 EA ELECTRICAL SERVICE TYPE D 120/240 070 (NS)AL (E) PS (U) COMPLETE IN PLACE, THE SUM OF Dollars Cents 83 2 EA INSTALL HIGHWAY TRAFFIC SIGNAL (ISOLATED) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ s ' 84 1 EA TEMPORARY TRAFFIC SIGNALS COMPLETE IN PLACE, THE SUM OF Dollars r Cents $ $ ;1 85 15 EA BACKPLATE (12 INCH) (3 SECTION) • COMPLETE IN PLACE, THE SUM OF Dollars e 1 Cents $[1 $ 86 2 EA BACKPLATE (12 INCH) (4 SECTION) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 87 2 EA BACKPLATE (12 INCH) (5 SECTION) COMPLETE IN PLACE, THE SUM OF Dollars Cents $LI $ - 88 8 EA PEDESTRIAN SIGNAL SECTION (12 INCH) (LED) (2 INDICATIONS) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 89 4 EA VEHICLE SIGNAL SECTION (12 INCH) LED (GREEN ARROW) COMPLETE IN PLACE, THE SUM OF Dollars j Cents $ $ 1,, 90 15 EA VEHICLE SIGNAL SECTION (12 INCH) LED (GREEN) L, COMPLETE IN PLACE, THE SUM OF Dollars r‘ Cents $ $ - i: 91 2 EA VEHICLE SIGNAL SECTION (12 INCH) LED (YELLOW ARROW) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - El 92 23 EA VEHICLE SIGNAL SECTION (12 INCH) LI LED (YELLOW) COMPLETE IN PLACE, THE SUM OF ri Dollars A Cents $ $ - s 93 19 EA VEHICLE SIGNAL SECTION (12 INCH) Ll LED (RED) COMPLETE IN PLACE, THE SUM OF 0 Dollars Cents - 94 690 LF TRAFFIC SIGNAL CABLE (TYPE A) (12 AWG) (10 CONDUCTOR) 9 COMPLETE IN PLACE, THE SUM OF w Dollars Cents $ $ - 95 820 LF TRAFFIC SIGNAL CABLE (TYPE A) (12 AWG) (16 CONDUCTOR) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 96 1,005 LF TRAFFIC SIGNAL CABLE (TYPE A) (14 AWG) (5 CONDUCTOR) r , COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - (" 97 143 LF TRAFFIC SIGNAL CABLE (TYPE A) (14 AWG) (7 CONDUCTOR) COMPLETE IN PLACE, THE SUM OF Dollars !" Cents $ $ - 98 1 EA INSTALL TRAFFIC SIGNAL PL AM (S) 1` 1 ARM (36 FOOT) 1.1 COMPLETE IN PLACE, THE SUM OF ri Dollars Cents $ $ 99 1 EA INSTALL TRAFFIC SIGNAL PL AM (S) ti 1 ARM (40 FOOT) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 100 2 EA INSTALL TRAFFIC SIGNAL PL AM (S) 1 ARM (48 FOOT) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ ,1 101 1 EA INSTALL TRAFFIC SIGNAL PL AM (S) 1 ARM (55 FOOT) LUM COMPLETE IN PLACE, THE SUM OF Li Dollars Cents $ $ £I 102 1 EA INSTALL TRAFFIC SIGNAL PL AM (S) 1 ARM (65 FOOT) LUM COMPLETE IN PLACE, THE SUM OF Dollars I* ' ,f ! Cents $ $ Y _ 103 2 EA PEDESTAL POLE ASSEMBLY COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ r-� 1 104 8 EA PEDESTRIAN DETECT (PUSH BUTTON) (2 INCH) ' x COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - f 105 1 EA SPREAD SPECTRUM RADIO COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 106 1 EA ANTENNA (UNI-DIRECTIONAL) 11 r COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 107 95 LF COAXIAL CABLE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - • 108 1 EA REMOVE TRAFFIC SIGNAL COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 109 1 EA VIVDS PROCESSOR SYSTEM r COMPLETE IN PLACE, THE SUM OF Dollars t,, • Cents $ $ - 110 4 EA VIVDS CAMERA ASSEMBLY yfi t COMPLETE IN PLACE, THE SUM OF p Dollars Cents $ $ toe: 111 1 EA VIVDS SAFETY END TREATMENT-UP SYSTEM COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ g 112 1,109 LF VIVDS COMMUNICATION CABLE (COAXIAL) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 113 7 EA UNI-DIRECTIONAL OPTICOM DETECTOR (GTT TYPE 711) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ ti r 1 114 2 EA PHASE SELECTOR(GTT TYPE 754) COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 115 1,627 LF OPTICOM DETECTOR CABLE El! COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 116 1 LS MOBILIZATION COMPLETE IN PLACE, THE SUM OF Dollars '.! Cents $ $ - 117 1,250 LF FURNISH AND INSTALL 20 INCH I WATER LINE BY OPEN CUT WITH '.. STANDARD EMBEDMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 118 770 LF FURNISH AND INSTALL 20 INCH WATER LINE BY OPEN CUT WITH 30 INCH STEEL ENCASEMENT PIPE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - y( 119 30 LF FURNISH AND INSTALL 20 INCH j WATER LINE BY DRY BORE WITH 30 INCH STEEL ENCASEMENT PIPE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ r's 120 2,757 LF FURNISH AND INSTALL 18 INCH WATER LINE BY OPEN CUT WITH STANDARD EMBEDMENT I COMPLETE IN PLACE, THE SUM OF [ Dollars Cents $ $ 121 910 LF FURNISH AND INSTALL 18 INCH WATER LINE BY OPEN CUT WITH 27 INCH STEEL ENCASEMENT PIPE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 1 122 40 LF FURNISH AND INSTALL 18 INCH WATER LINE BY OPEN CUT WITH f CONCRETE ENCASEMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 123 3,077 LF FURNISH AND INSTALL 16 INCH WATER LINE BY OPEN CUT WITH STANDARD EMBEDMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 124 205 LF FURNISH AND INSTALL 16 INCH I WATER LINE BY OPEN CUT WITH 24 Ls INCH STEEL ENCASEMENT PIPE COMPLETE IN PLACE, THE SUM OF Dollars [I Cents $ $ 125 2,504 LF FURNISH AND INSTALL 12 INCH WATER LINE BY OPEN CUT WITH STANDARD EMBEDMENT COMPLETE IN PLACE, THE SUM OF Dollars _rt Cents $ $ 126 360 LF FURNISH AND INSTALL 12 INCH WATER LINE BY OPEN CUT WITH 20 INCH STEEL ENCASEMENT PIPE COMPLETE IN PLACE, THE SUM OF Dollars , Cents $ $ _ 127 90 LF FURNISH AND INSTALL 12 INCH WATER LINE BY OPEN CUT WITH } CONCRETE ENCASEMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 128 1,784 LF FURNISH AND INSTALL 8 INCH WATER LINE BY OPEN CUT WITH STANDARD EMBEDMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 129 200 LF FURNISH AND INSTALL 8 INCH WATER LINE BY OPEN CUT WITH CONCRETE ENCASEMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 130 48 LF FURNISH AND INSTALL 6 INCH WATER LINE BY OPEN CUT WITH STANDARD EMBEDMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 131 1 EA FURNISH AND INSTALL 20 INCH BUTTERFLY VALVE WITH EXTENDED OPERATOR COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 132 3 EA FURNISH AND INSTALL 18 INCH BUTTERFLY VALVE WITH EXTENDED OPERATOR COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ \1 133 4 EA FURNISH AND INSTALL 16 INCH BUTTERFLY VALVE WITH EXTENDED OPERATOR COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 134 10 EA FURNISH AND INSTALL 12 INCH >>, GATE VALVE WITH EXTENDED COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 135 25 EA FURNISH AND INSTALL 8 INCH GATE • VALVE WITH EXTENDED OPERATOR • COMPLETE IN PLACE, THE SUM OF Dollars ,r Cents $ $ 136 8 EA FURNISH AND INSTALL 6 INCH GATE VALVE WITH EXTENDED OPERATOR COMPLETE IN PLACE, THE SUM OF .� 1 Dollars Cents $ $ 137 1 EA FURNISH AND INSTALL 12 INCH TAPPING SLEEVE & VALVE COMPLETE IN PLACE, THE SUM OF 'm`• Dollars Cents $ $ 138 1 EA FURNISH AND INSTALL 8 INCH TAPPING SLEEVE & VALVE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ 139 8 EA FURNISH AND INSTALL STANDARD FIRE HYDRANT ASSEMBLY COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 140 3 EA CONSTRUCT 4 INCH COMBINATION AIR RELEASE VALVE WITH 4-FOOT DIAMETER MANHOLE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ 4" 141 1 EA CONSTRUCT 3 INCH COMBINATION AIR RELEASE VALVE WITH 4-FOOT DIAMETER MANHOLE COMPLETE IN PLACE, THE SUM OF Dollars L. Cents $ $ + 142 2 EA CONSTRUCT 2 INCH COMBINATION AIR RELEASE VALVE WITH 4-FOOT DIAMETER MANHOLE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 143 4 EA CONSTRUCT 6 INCH BLOW-OFF VALVE WITH 4-FOOT DIAMETER MANHOLE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 144 66 LF FURNISH AND INSTALL 2 INCH COPPER WATER SERVICE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 145 903 LF FURNISH AND INSTALL 1-1/2 INCH COPPER WATER SERVICE COMPLETE IN PLACE, THE SUM OF el Dollars Cents $ $ 146 13 EA RELOCATE EXISTING WATER METER AND TRANSFER WATER COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 147 23 EA CONNECT TO EXISTING WATERLINE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ - 148 2 EA INSTALL NEW 1 INCH WATER COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 149 2 EA INSTALL NEW 3/4 INCH WATER METER COMPLETE IN PLACE, THE SUM OF } Dollars Cents $ $ I 150 1,769 LF SAW-CUT EXISTING REINFORCED CONCRETE PAVEMENT COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ 151 787 SY REMOVE AND REPLACE EXISTING REINFORCED CONCRETE r I COMPLETE IN PLACE, THE SUM OF Li Dollars Cents $ $ 152 64 SY REMOVE AND REPLACE EXISTING REINFORCED CONCRETE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ _ 153 1 LS REMOVE AND RECONSTRUCT EXISTING 15-FOOT INLET AND SANITARY SEWER LATERAL COMPLETE IN PLACE, THE SUM OF Dollars $ I :.' Cents $ $ _ 154 25 SY REMOVE AND REPLACE EXISTING .I REINFORCED CONCRETE COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ _ i 155 648 SY FURNISH AND INSTALL SOLID BLOCK SOD BERMUDA GRASS COMPLETE IN PLACE, THE SUM OF I Dollars Cents $ $ _ 156 13,746 LF DESIGN TRENCH SAFETY PLAN AND PROVIDE TRENCH SAFETY COMPLETE IN PLACE, THE SUM OF Dollars Cents $ $ _ TOTAL BID $ _ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the t undersigned, t. as Principal, and firmly bound r unto as owner in the sum of g. $ as the proper measure of liquidated damages for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of , 2009. The condition of the above obligation is such that whereas the Principal has submitted r to a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the j Now, Therefore, a) If said Bid shall be rejected, or in the alternate, It b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said F, Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall be in all other respects perform the agreement created by the `'t acceptance of said bid, !' i then this obligation shall be void, otherwise the same shall remain in force and affect; it being expressly understood and agreed that the liability of the Surety for any breech of condition U- hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. riiii The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such iextension. IN WITNESS WHEREOF, the Principal and the Surety have here-unto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto Pj affixed and these presents to be signed by their proper officers, the day and year set forth above. (L.S.) Principal g Surety By: I SEAL i i EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between City of Wylie,Texas(hereinafter called OWNER) and (hereinafter called CONTRACTOR). i OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 —WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor, tools, materials and equipment, and perform all work necessary to construct the widening and reconstruction of FM 1378 (Country Club Drive), including grading, concrete paving, drainage, storm sewers,signing and pavement markings. .,,1 ARTICLE 2—THE PROJECT °` 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally ii described as follows: , Paving&Drainage Improvements FM 1378/Country Club Drive 1. ARTICLE 3—ENGINEER 3.01 The Project has been designed by: TRC Engineers,Inc. 6136 Frisco Square Blvd.,Ste 375 Frisco, Texas 75034 1 972-712-6400 .I who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and '1 responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. -1 i i 00500-1 ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within Five hundred forty(540) days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within Six hundred(600) days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also kmm; recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceedings the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR £ shall pay OWNER$ 500.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 500.00 for each day that expires after the time ' ! specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready `, for final payment. a to 1i 1 1 00500-2 ARTICLE 5—CONTRACT PRICE r' 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B, and i 5.01.0 below: A. For all Work other than Unit Price Work,a Lump sum of: . ' ($ ) (use words) (figure) tr All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the established unit price for each t , separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph '� • 5.01.B: ' 1 i ..I UNIT PRICE WORK '' i i Estimated Total No. Item Unit Quantity Unit Price Estimated ti TOTAL OF ALL UNIT PRICES $ ( ) ! # .1 As provided in paragraph 11.03 of the General Conditions,estimated quantities are not guaranteed, and l it determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 1r� of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. C. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit: 0 (Not Applicable) i ,_i I r( I .t k 00500-3 r'' (Cf - 4.. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. T 6.02 Progress Payments;Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 25`h day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: } 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95%of Work completed(with the balance being retainage). b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 111 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0%per annum. Ef c.t 00500-4 ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local,and ' Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface { structures at or contiguous to the Site (except Underground Facilities) which have been identified in the s Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and(2)reports and drawings of ! a Hazardous Environmental Condition,if any,at the Site which has been identified in the Supplementary Conditions } as provided in paragraph 4.06 of the General Conditions. 1 E. CONTRACTOR has obtained and carefully studied(or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, z progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. 1 G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 1 H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations,investigations,explorations, tests, studies,and data with the Contract Documents. 1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 3. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and i. conditions for performance and furnishing of the Work. 11 TI d i i 00500-5 ; ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. General Conditions; 5. Supplementary General Conditions; 6. Specifications; 7. Drawings; 8. Addenda; 9. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed; b. CONTRACTOR's Bid; 1 c. Documentation submitted by CONTRACTOR prior to Notice of Award; I 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: I-4 a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified,or supplemented as provided in paragraph 3.05 of the General Conditions. 1 4 e.� 00500-6 ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests on the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in 4,.. any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. t .( 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11 10.04 Severability i A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law of l Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon F. OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. r] .1 p.T i i. 00500-7 ..1 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on (which is the Effective Date of the 1 Agreement). D OWNER: CONTRACTOR: City of Wylie,Texas :,-/ By: By: [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest Address for giving notices: Address for giving notices: 2000 Hwy 78 North Wylie,Texas 75098 I (If OWNER is a corporation, attach evidence of authority to License No. sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-CONTRACTOR Agreement.) (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership,attach evidence of authority to sign.) Designated Representative: Designated Representative: IName: Name: Title: Title: IAddress: Address: IPhone: Phone: Facsimile: Facsimile: I I I. I00500-4 1. Contractor and Surety, jointly and severally. hind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract, and if executors, administrators, successors, and assigns to Owner for the performance of Surety elects to act under Paragraph 4.1.4.2.or 4.3 above,then the responsibilities the Contract,which is incorporated herein by reference. of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner " 2. If Contractor performs the Contract. Surety and Contractor have no obligation under the Contract. To a limit of the amount of this Bond. but subject to under this Bond,except to participate in conferences as provided in Paragraph 3.1. commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract.Surety is obligated without duplication for: 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor 6.2. Additional legal, design professional, and delay costs resulting from Default and has requested and attempted to arrange a conference with Contractor's Default, and resulting from the actions or failure to act of Contractor and Surety to be held not later than 15 days after receipt of Surety under Paragraph 4;and such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable 6.3. Liquidated damages, or if no liquidated damages are specified in the r time to perform the Contract, but such an agreement shall not waive Contract, actual damages caused by delayed performance or non- , i Owner's right, if any,subsequently to declare a Contractor Default;and performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 7. Surety shall not be liable to Owner or others for obligations of Contractor that I Contractor's right to complete the Contract. Such Contractor Default are unrelated to the Contract, and the Balance of the Contract Price shall not be shall not be declared earlier than 20 days after Contractor and Surety reduced or set off on account of any such unrelated obligations. No right of action have received notice as provided in Paragraph 3.1;and shall accrue on this Bond to any person or entity other than Owner or its heirs, executors,administrators,or successors. Li 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the 9. Any proceeding, legal or equitable, under this Bond may be instituted in any Contract. court of competent jurisdiction in the location in which the Work or part of the Work I is located and shall be instituted within two years after Contractor Default or within 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly two years after Contractor ceased working or within two years after Surety refuses and at Surety's expense take one of the following actions: or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law,the minimum period of 4.1. Arrange for Contractor, with consent of Owner, to perform and limitation available to sureties as a defense in the jurisdiction of the suit shall be complete the Contract;or applicable. 4.2. Undertake to perform and complete the Contract itself,through its agents 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the r'l or through independent contractors;or address shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been furnished to comply with a statutory requirement in to Owner for a contract for performance and completion of the Contract, the location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted herefrom and . E Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated f performance and payment bonds executed by a qualified surety herein. The intent is that this Bond shall be construed as a statutory bond and not as equivalent to the bonds issued on the Contract, and pay to Owner the a common law bond. amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor 12. Definitions. Default;or 12.1 Balance of the Contract Price: The total amount payable by Owner to 4.4. Waive its right to perform and complete, arrange for completion, or Contractor under the Contract after all proper adjustments have been ` obtain a new contractor and with reasonable promptness under the made, including allowance to Contractor of any amounts received or to circumstances: be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper 1. After investigation, determine the amount for which it may be liable payments made to or on behalf of Contractor under the Contract. to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner;or 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes 2. Deny liability in whole or in part and notify Owner citing reasons thereto. therefor. 12.3. Contractor Default: Failure of Contractor, which has neither been 5. If Surety does not proceed as provided in Paragraph 4 with reasonable remedied nor waived, to perform or otherwise to comply with the terms .4 promptness, Surety shall be deemed to be in default on this Bond 15 days after of the Contract. receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any 12.4. Owner Default: Failure of Owner, which has neither been remedied nor remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and waived,to pay Contractor as required by the Contract or to perform and Owner refuses the payment tendered or Surety has denied liability, in whole or in complete or comply with the other terms thereof. part,without further notice Owner shall be entitled to enforce any remedy available to Owner. ii FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker t Owner's Representatives (engineer or other party) . , 00610-1 i s. ; PAYMENT BOND i Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT i Date: Amount: El Description(Name and Location): BOND Bond Number: Date(Not earlier than Contract Date): Amount: 'ri Modifications to this Bond Form: fl Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY iCompany: LI Signature: (Seal) (Seal) :I Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) .]. Attest: Signature and Title - CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) ! Name and Title: Surety's Name and Corporate Seal j By: Signature and Title (Attach Power of Attorney) 14 Attest: Signature and Title: i a EJCDC No. C-615(2002 Edition) R Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee,the Associated General i Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615-0 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for r 1executors. administrators, successors. and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials, and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract,which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this i 2. With respect to Owner,this obligation shall be null and void if Contractor: Bond, subject to Owner's priority to use the funds for the completion of the 2.1. Promptly makes payment, directly or indirectly, for all sums due Work. Claimants, and 9. Surety shall not be liable to Owner, Claimants, or others for obligations of 2.2. Defends, indemnifies, and holds harmless Owner from all claims, Contractor that are unrelated to the Contract. Owner shall not be liable for il '': demands, liens, or suits alleging non-payment by Contractor by any payment of any costs or expenses of any Claimant under this Bond, and shall person or entity who furnished labor, materials, or equipment for use have under this Bond no obligations to make payments to, give notices on in the performance of the Contract, provided Owner has promptly behalf of. or otherwise have obligations to Claimants under this Bond. r notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered 10. Surety hereby waives notice of any change, including changes of time, to defense of such claims, demands, liens, or suits to Contractor and the Contract or to related Subcontracts,purchase orders and other obligations. Surety, and provided there is no Owner Default. 11. No suit or action shall be commenced by a Claimant under this Bond other * 3. With respect to Claimants, this obligation shall be null and void if than in a court of competent jurisdiction in the location in which the Work or x_.f Contractor promptly makes payment,directly or indirectly, for all sums due. part of the Work is located or after the expiration of one year from the date(1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph r 4. Surety shall have no obligation to Claimants under this Bond until: 4.2.3,or(2)on which the last labor or service was performed by anyone or the f last materials or equipment were furnished by anyone under the Construction 4.1. Claimants who are employed by or have a direct contract with Contract, whichever of (1) or (2) first occurs. If the provisions of this Contractor have given notice to Surety (at the addresses described in paragraph are void or prohibited by law, the minimum period of limitation Paragraph 12) and sent a copy, or notice thereof, to Owner, stating available to sureties as a defense in the jurisdiction of the suit shall be 1w; that a claim is being made under this Bond and, with substantial applicable. accuracy, the amount of the claim. 12. Notice to Surety,Owner, or Contractor shall be mailed or delivered to the 4.2. Claimants who do not have a direct contract with Contractor: addresses shown on the signature page. Actual receipt of notice by Surety, j Owner,or Contractor,however accomplished,shall be sufficient compliance as it 1. Have furnished written notice to Contractor and sent a copy, or of the date received at the address shown on the signature page. notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included 13. When this Bond has been furnished to comply with a statutory requirement 7. in the claim stating, with substantial accuracy, the amount of the in the location where the Contract was to be performed, any provision in this claim and the name of the party to whom the materials or Bond conflicting with said statutory requirement shall be deemed deleted i.- equipment were furnished or supplied, or for whom the labor was herefrom and provisions conforming to such statutory requirement shall be done or performed;and deemed incorporated herein. The intent is that this Bond shall be construed as ,,,,, a statutory Bond and not as a common law bond. 2. Have either received a rejection in whole or in part from Contractor,or not received within 30 days of furnishing the above 14. Upon request of any person or entity appearing to be a potential notice any communication from Contractor by which Contractor beneficiary of this Bond,Contractor shall promptly furnish a copy of this Bond had indicated the claim will be paid directly or indirectly;and or shall permit a copy to be made. 3. Not having been paid within the above 30 days,have sent a written 15. DEFINITIONS notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a 15.1. Claimant: An individual or entity having a direct contract with copy of the previous written notice furnished to Contractor. Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contract. The intent of this Bond shall be to include without Contractor or to Surety,that is sufficient compliance. limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety rental equipment used in the Contract, architectural and engineering shall promptly and at Surety's expense take the following actions: services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a lil 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 mechanic's lien may be asserted in the jurisdiction where the labor, days after receipt of the claim,stating the amounts that are undisputed materials,or equipment were furnished. and the basis for challenging any amounts that are disputed. 15.2. Contract: The agreement between Owner and Contractor identified on 6.2. Pay or arrange for payment of any undisputed amounts. the signature page, including all Contract Documents and changes thereto. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by 15.3. Owner Default: Failure of Owner, which has neither been remedied Surety. nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. t FOR INFORMATION ONLY—Name,Address and Telephone 1 Surety Agency or Broker: Owner's Representative(engineer or other party): 00615-1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By A C E C National Society of ��American Society Professional Engineers AAIEPtC.EN COUNCIL OF EN(.tNfl(p{N6 co 'NIVAIES Professional Engineers in Private Practice of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVI1.ENGINEERS This document has been approved and endorsed by let o ..;hp r. $' The Associated General Contractors of America Knowledge for Creating antl Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Cn 2002 National Society of Professional Engineers for EJCDC. All rights reserved. f0700-0 Copyright©2002 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Council of Engineering Companies 1015 15th Street,N.W.,Washington,DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 "These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-OW) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions(No. C-800)(2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-I TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 5 ARTICLE 2 -PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference .9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 -CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or-Equals" 19 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 6.16 Emergencies 73 6.17 Shop Drawings and Samples 73 6.18 Continuing the Work 74 6.19 Contractor's General Warranty and Guarantee "74 6.20 Indemnification 74 6.21 Delegation of Professional Design Services ?5 ARTICLE 7 - OTHER WORK AT THE SITE 25 7.01 Related Work at Site 75 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Charge Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 -COST OF THE WORK; ALLOWANCES;UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12 -CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays . . 33 ARTICLE 13 -TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 14.05 Partial Utilization 38 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16-DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17 -MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 4I 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 GENERAL, CONDITIONS ti. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and ARTICLE 1 -DEFINITIONS AND TERMINOLOGY authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim--A demand or assertion by Owner or or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times, or both, or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract. A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract--The entire and integrated written paragraphs, and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, 1. Addenda--Written or graphic instruments representations,or agreements,whether written or oral. issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract 2. Agreement--The written instrument which is Documents.Approved Shop Drawings,other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface covering the Work. and physical conditions are not Contract Documents. 3.Application for Payment--The form acceptable 13. Contract Price--The moneys payable by to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 supporting documentation as is required by the Contract in the case of Unit Price Work). Documents. 14. Contract Times--The number of days or the 4. Asbestos--Any material that contains more dates stated in the Agreement to: (i)achieve Milestones,if than one percent asbestos and is friable or is releasing any, (ii)achieve Substantial Completion; and (iii) corn- asbestos fibers into the air above current action levels plete the Work so that it is ready for final payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. 5. Bid--The offer or proposal of a Bidder 15. Contractor--The individual or entity with submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. 16. Cost of the Work--See Paragraph 11.01.A for 6. Bidder--The individual or entity who submits definition. a Bid directly to Owner. 17. Drawings--That part of the Contract 7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 8. Bidding Requirements--The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement--The date supplements. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 20. Field Order--A written order issued by 32. Progress Schedule--A schedule,prepared and Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and which does not involve a change in the Contract Price or duration of the activities comprising the Contractor's plan the Contract Times. to accomplish the Work within the Contract Times. 21. General Requirements--Sections of Division 33. Project--The total construction of which the 1 of the Specifications. The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole, or a part. 22. Hazardous Environmental Condition--The 34. Project Manual--The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the table(s)of contents. connection with the Work. 35. Radioactive Material--Source, special nucle- 23. Hazardous Waste--The term Hazardous ar,or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section 1004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. amended from time to time. 36.Related Entity--An officer, director,partner, 24. Laws and Regulations;Laws or Regulations- employee, agent, consultant,or subcontractor. -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative--The autho- agencies,authorities,and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples--Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the 26. Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39.Schedule of Submittals--A schedule,prepared and maintained by Contractor, of required submittals and 27. Notice of Award--The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 28. Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which Contractor shall start to perform the Work under the 41. Shop Drawings--All drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42. Site--Lands or areas indicated in the Contract 30.PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and 31. Petroleum—Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications--That part of the Contract kerosene, and oil mixed with other non-Hazardous Waste Documents consisting of written requirements for and crude oils. materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. Alt rights resc,'ed. 00700-6 administrative requirements and procedural matters but is evidence that the parties expect that the change applicable thereto. ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 44. Subcontractor—An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any, on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer, the Work(or Documents, have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended.The terms"substantially 1.The Contract Documents include the terms"as complete" and "substantially completed" as applied to all allowed," "as approved," "as ordered", "as directed" or or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 46. Successful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions--That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract Documents and conformance with the design concept of 48. Supplier--A manufacturer, fabricator, suppli- the completed Project as a functioning whole as shown or er, distributor, materialrnan, or vendor having a direct indicated in the Contract Documents (unless there is a contract with Contractor or with any Subcontractor to specific statement indicating otherwise). The use of any furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to pipelines,conduits, ducts, cables, wires, manholes, vaults, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals,or traffic or other control systems. of 24 hours measured from midnight to the next midnight 50. Unit Price Work--Work to be paid for on the D.Defective basis of unit prices. 1. The word "defective," when modifying the 51. Work--The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty,or deficient in that it: provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection, reference standard, test, or approval referred to in the Contract Documents, 52. Work Change Directive--A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work,or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05)_ will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Condition,of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. MI rights reserved. 00700-7 E. Furnish, Install, Perform, Provide or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given 1. The word "furnish," when used in connection at any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times corn- supply and deliver said services, materials, or equipment mence to run later than the sixtieth day after the day of to the Site (or some other specified location)ready for use Bid opening or the thirtieth day after the Effective Date of or installation and in usable or operable condition. the Agreement, whichever date is earlier. 2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, A. Contractor shall start to perform the Work on or equipment complete and ready for intended use. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which 3. The words "perform" or"provide," when used the Contract Times commence to run. in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction equipment complete and ready for intended use. A. Preliminaiy Schedules: Within 10 days after. 4. When "furnish," "install," "perform," or"pro- the Effective Date of the Agreement (unless otherwise vide" is not used in connection with services, materials,or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor, "provide" is implied. 1. a preliminary Progress Schedule; indicating F. Unless stated otherwise in the Contract Docu- the times (numbers of days or dates) for starting and ments, words or phrases which have a well-known completing the various stages of the Work, including any technical or construction industry or trade meaning are Milestones specified in the Contract Documents; used in the Contract Documents in accordance with such recognized meaning. 2.a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the ARTICLE 2- PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to 2.01 Delivery of Bonds and Evidence of Insurance serve as the basis for progress payments during performance of the Work. Such prices will include an A. When Contractor delivers the executed appropriate amount of overhead and profit applicable to counterparts of the Agreement to Owner, Contractor shall each item of Work. also deliver to Owner such bonds as Contractor may be required to furnish. 2.06 Preconstruction Conference B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a the Site is started, Contractor and Owner shall each conference attended by Owner, Contractor, Engineer, and deliver to the other, with copies to each additional insured others as appropriate will be held to establish a working identified in the Supplementary Conditions, certificates of understanding among the parties as to the Work and to insurance (and other evidence of insurance which either discuss the schedules referred to in Paragraph 2.05.A, of them or any additional insured may reasonably request) procedures for handling Shop Drawings and other which Contractor and Owner respectively are required to submittals, processing Applications for Payment, and purchase and maintain in accordance with Article 5. maintaining required records. 2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Tunes; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules.No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 Supplier shall be effective to change the duties or 1. The Progress Schedule will be acceptable to responsibilities of Owner, Contractor, or Engineer, or any Engineer if it provides an orderly progression of the Work of then subcontractors, consultants, agents, or employees to completion within the Contract Times. Such acceptance from those set forth in the Contract Documents. No such will not impose on Engineer responsibility for the provision or instruction shall be effective to assign to Progress Schedule, for sequencing, scheduling, or Owner, or Engineer, or any of, their Related Entities, any progress of the Work nor interfere with or relieve duty of authority to supervise or direct the performance of Contractor from Contractor's full responsibility therefor. the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract 2. Contractor's Schedule of Submittals will be Documents. acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required 3.03 Reporting and Resolving Discrepancies submittals. A.Reporting Discrepancies 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it 1. Contractor's Review of Contract Documents provides a reasonable allocation of the Contract Price to Before Starting Work: Before undertaking each part of the component parts of the Work. Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, Contractor shall promptly report in writing to Engineer AMENDING, REUSE any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before 3.01 Intent proceeding with any Work affected thereby. A. The Contract Documents are complementary; 2. Contractor's Review of Contract Documents what is required by one is as binding as if required by all. During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, B. It is the intent of the Contract Documents to ambiguity, or discrepancy within the Contract Documents describe a functionally complete Project(or part thereof) or between the Contract Documents and any provision of to be constructed in accordance with the Contract Docu- any Law or Regulation applicable to the performance of ments. Any labor, documentation, services, materials, or the Work or of any standard, specification, manual or equipment that may reasonably be inferred from the code, or of any instruction of any Supplier, Contractor Contract Documents or from prevailing custom or trade shall promptly report it to Engineer in writing. Contractor usage as being required to produce the intended result will shall not proceed with the Work affected thereby (except be provided whether or not specifically called for at no in an emergency as required by Paragraph 6.16.A) until additional cost to Owner. an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in C. Clarifications and interpretations of the Paragraph 3.04. Contract Documents shall be issued by Engineer as provided in Article 9. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- 3.02 Reference Standards ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known A. Standards, Specifications, Codes, Laws, and thereof. Regulations B.Resolving Discrepancies 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, 1. Except as may be otherwise specifically stated or association, or to Laws or Regulations, whether such in the Contract Documents, the provisions of the Contract reference be specific or by implication, shall mean the Documents shall take precedence in resolving any standard, specification, manual, code, or Laws or Regula- conflict, error, ambiguity, or discrepancy between the tions in effect at the time of opening of Bids (or on the provisions of the Contract Documents and: Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the a. the provisions of any standard, specification, Contract Documents. manual, code, or instruction (whether or not specifically incorporated by reference in the 2. No provision of any such standard, Contract Documents); or specification, manual or code, or any instruction of a EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 b. the provisions of any Laws or Regulations or derived from such electronic files will be at the user's applicable to the performance of the Work sole risk. If there is a discrepancy between the electronic (unless such an interpretation of the provisions files and the hard copies, the hard copies govern. of the Contract Documents would result in viola- tion of such Law or Regulation). B. Because data stored in electronic media format can deteriorate or be modified inadvertently or 3.04 Amending and Supplementing Contract otherwise without authorization of the data's creator, the Documents party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which A. The Contract Documents may be amended to the receiving party shall be deemed to have accepted the provide for additions, deletions, and revisions in the Work data thus transferred. Any errors detected within the 60- or to modify the terms and conditions thereof by either a day acceptance period will be corrected by the Change Order or a Work Change Directive. transferring party.. B. The requirements of the Contract Documents C. When transferring documents in electronic may be supplemented, and minor variations and media format, the transferring party makes no deviations in the Work may be authorized,by one or more representations as to long term compatibility, usability, or of the following ways: readability of documents resulting from the use of software application packages, operating systems, or 1. A Field Order; computer hardware differing from those used by the data's creator. 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 3. Engineer's written interpretation or HAZARDOUS ENVIRONMENTAL CONDITIONS; clarification. REFERENCE POINTS 3.05 Reuse of Documents 4.01 Availability of Lands A. Contractor and.any Subcontractor or Supplier or other individual or entity performing or furnishing all A. Owner shall furnish the Site. Owner shall of the Work under a direct or indirect contract with notify Contractor of any encumbrances or restrictions not Contractor, shall not: of general application but specifically related to use of the Site with which Contractor must comply in performing 1. have or acquire any title to or ownership the Work. Owner will obtain in a timely manner and pay rights in any of the Drawings, Specifications, or for easements for permanent structures or permanent other documents(or copies of any thereof)prepared by or changes in existing facilities. If Contractor and Owner are bearing the seal of Engineer or Engineer's consultants, unable to agree on entitlement to or on the amount or including electronic media editions;or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in 2. reuse any of such Drawings, Specifications, Owner's furnishing the Site or a part thereof, Contractor other documents,or copies thereof on extensions may make a Claim therefor as provided in Paragraph of the Project or any other project without written consent 10.05. of Owner and Engineer and specific written verification or adaption by Engineer. B.Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal B. The prohibition of this Paragraph 3.05 will title and legal description of the lands upon which the survive final payment, or termination of the Contract. Work is to be performed and Owner's interest therein as Nothing herein shall preclude Contractor from retaining necessary for giving notice of or filing a mechanic's or copies of the Contract Documents for record purposes. construction lien against such lands in accordance with applicable Laws and Regulations. 3.06 Electronic Data C. Contractor shall provide for all additional A. Copies of data furnished by Owner or lands and access thereto that may be required for Engineer to Contractor or Contractor to Owner or temporary construction facilities or storage of materials Engineer that may be relied upon are limited to the and equipment. printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of-Professional Engineers for EJCDC. Alt rights reserved. 00700-10 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; I. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B. Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized: Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the "technical data"contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions. Except for such reliance conclusions. on such "technical data,"Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1. the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences, and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however,to the following: incident thereto;or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and the categories described in Paragraph 4.03.A; information contained in such reports or shown or and indicated in such drawings;or b. with respect to Work that is paid for on a Unit 3. any Contractor interpretation of or conclusion Price Basis, any adjustment in Contract Price drawn from any "technical data" or any such other data, will be subject to the provisions of Paragraphs interpretations,opinions, or information. 9.07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A. Notice:If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data" on which Contractor is entitled to rely as Bid or becoming bound under a negotiated provided in Paragraph 4.02 is materially inaccurate;or contract;or 2. is of such a nature as to require a change in the b. the existence of such condition could Contract Documents;or reasonably have been discovered or revealed as a result of any examination, investigation, explo- 3. differs materially from that shown or indicated ration, test, or study of the Site and contiguous in the Contract Documents; or areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700-11 c. Contractor failed to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the 3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers, architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times,or Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that was not shown or indicated or not shown or indicated 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A_Shown or Indicated The information and data have been expected to be aware of or to have anticipated. shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 4.05 Reference Points 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data;and Engineer's judgment are necessary to enable Contractor to proceed.with the Work.Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments,and full responsibility for: shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and b. locating all Underground Facilities shown or shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property monuments by professionally qualified personnel. c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction,and A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under- the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous thereto resulting from the Work. Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of B. Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the"technical data" contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions.Except for such reliance Work in connection therewith (except in an emergency as on such "technical data,"Contractor may not rely upon or required by Paragraph 6.16.A), identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-t1 1. the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means, methods, techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto; or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations,opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- D. If Contractor encounters a Hazardous quences of that individual's or entity's own negligence. Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers, directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs) arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor E. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.0611 shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- ARTICLE 5 - BONDS AND INSURANCE page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 in Paragraph 13.07, whichever is later,except as provided from claims set forth below which may arise out of or otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or B. All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties I. claims under workers' compensation, on Federal Bonds and as Acceptable Reinsuring Compa- disability benefits, and other similar employee benefit nies" as published in Circular 570 (amended) by the acts; Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury. All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease,or death of Contractor's authority to act. employees; C. If the surety on any bond furnished by 3. claims for damages because of bodily injury, Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than its right to do business is terminated in any state where Contractor's employees; any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall 4. claims for damages insured by reasonably promptly notify Owner and Engineer and shall, within 20 available personal injury liability coverage which are sus- days after the event giving rise to such notification, tanned: provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and a.by any person as a result of an offense directly 5.02. or indirectly related to the employment of such person by Contractor,or 5.02 Licensed Sureties and Insurers b.by any other person for any other reason; A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located, including loss of use resulting in the jurisdiction in which the Project is located to issue therefrom;and bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall 6. claims for damages because of bodily injury or also meet such additional requirements and qualifications death of any person or property damage arising out of the as may be provided in the Supplementary Conditions. ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this Paragraph 5.04 shall: A. Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary I. with respect to insurance required by Conditions, certificates of insurance (and other evidence Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include of insurance requested by Owner or any other additional as additional insured (subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability) Owner and Engineer, and maintain. any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- B. Owner shall deliver to Contractor, with copies tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, Conditions, certificates of insurance (and other evidence consultants and subcontractors of each and any of all such of insurance requested by Contractor or any other additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 3. include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical Ioss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractoi Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi- Supplementary Conditions to whom a certificate of cally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by final payment. Owner; a. Contractor shall furnish Owner and each other 6.include testing and startup;and additional insured identified in the Supple- mentary Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to continuation of such insurance at final payment each other additional insured to whom a certificate of and one year thereafter. insurance has been issued. 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- property insurance upon the Work at the Site in the cates or other evidence thereof) required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other I. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in accor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700-15 deductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other any of them wishes property insurance coverage within perils whether or not insured by Owner; and the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible, include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion be charged to Contractor by appropriate Change Order pursuant to Paragraph 14.04, or after final payment Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.07. shall in writing advise Contractor whether or not such other insurance has been procured by Owner. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred 5.07 Waiver of Rights to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, A. Owner and Contractor intend that all policies damage, or consequential loss, the insurers will have no purchased in accordance with Paragraph 5.06 will protect rights of recovery against Contractor, Subcontractors, or Owner, Contractor, Subcontractors, and Engineer, and all Engineer, and the officers, directors,partners, employees, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of mentary Conditions to be listed as insureds or additional them. insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes A. Any insured loss under the policies of of loss covered thereby. All such policies shall contain insurance required by Paragraph 5.06 will be adjusted provisions to the effect that in the event of payment of with Owner and made payable to Owner as fiduciary for any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder. Owner and Contractor waive all rights against Paragraph 5.08.B. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced, the moneys the perils or causes of loss covered by such policies and so received applied on account thereof, and the Work and any other property insurance applicable to the Work; and, the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities B. Owner as fiduciary shall have power to adjust identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise of this subcontractors of each and any of them) under such power. If such objection be made, Owner as fiduciary policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any party such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the under any policy so issued. insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 Documents, the objecting party shall so notify the other received from the superintendent shall be binding on party in writing within 10 days after receipt of the Contractor. certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor: Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Docu- Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci- party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the parry's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. A. If Owner finds it necessary to occupy or use a 6.03 Services,Materials, and Equipment portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services,materials,equipment, labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, thereby. The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up,and completion of the Work. permitted to lapse on account of any such partial use or occupancy. B.All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the proposed adjustments in the Progress Schedule that will detailed requirements of the item named in the not result in changing the Contract Times. Such adjust- Contract Documents. ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Substitute Items 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor 1 ' submitted in accordance with the requirements of Article does not qualify as an "or-equal" item under . 12. Adjustments in Contract Times may only be made by Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. r1 I 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information :•r as provided below to allow Engineer to A. Whenever an item of material or equipment is determine that the item of material or equipment Mi specified or described in the Contract Documents by proposed is essentially equivalent to that named _] using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of intended to establish the type, function, appearance, and material or equipment will not be accepted by 11 quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will permitted, other items of material or equipment or be as set forth in Paragraph 6.05.A.2.d, as 0 material or equipment of other Suppliers may be supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the .,1 described below. circumstances. 1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item Contractor is functionally equal to that. named and of material or equipment that Contractor seeks to 711. sufficiently similar so that no change in related Work will furnish or use.The application: be required, it may be considered by Engineer as an � "or-equal" item, in which case review and approval of the 1) shall certify that the proposed substi- { ! proposed item may, in Engineer's sole discretion, be tute item will: i%11 accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a)perform adequately the functions and For the purposes of this Paragraph 6.05.A.1, a proposed achieve the results called for by the U item of material or equipment will be considered general design, functionally equal to an item so named if: b) be similar in substance to that 0 a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: 2) it will reliably perform at least a) the extent,if any, to which the use of :I equally well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the completed dice Contractor's achievement of Project as a functioning whole, Substantial Completion on time; j} 3)it has a proven record of performance b) whether or not use of the proposed and availability of responsive service;and substitute item in the Work will require j a change in any of the Contract Docu- b. Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other work on the Project) to adapt the design 1) there will be no increase in cost to to the proposed substitute item;and `I the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. r1 Copyright©2002 National Society of Professional Engineers for EJCDC. MI rights reserved. 00700-18 ,1 c) whether or not incorporation or use Documents (or in the provisions of any other direct of the proposed substitute item in con- contract with Owner) resulting from the acceptance of nection with the Work is subject to each proposed substitute. ' payment of any license fee or royalty; F. Contractor's Expense: Contractor shall 3) will identify: provide all data in support of any proposed substitute or - "or-equal"at Contractor's expense. lca a) all variations of the proposed substitute item from that specified, and 6.06 Concerning Subcontractors, Suppliers, and Others b) available engineering, sales, maintenance, repair, and replacement A. Contractor shall not employ any Subcon- services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.B), whether initially or as a replacement, against mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the dtrr-es: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents) of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or l in Paragraph 6.05.A2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate L additional data about the proposed substitute item. Change Order will be issued.No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tute a waiver of any right of Owner or Engineer to reject evidenced by either a Change Order for a substitute or an defective Work. approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C. Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. I. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any I will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity,nor i approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or e substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 h or entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, D. Contractor shall be solely responsible for partners, employees, agents, consultants and scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, ' contract with Contractor. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of .g E. Contractor shall require all Subcontractors, or relating to any infringement of patent rights or Suppliers, and such other'individuals or entities per- copyrights incident to the use in the performance of the forming or furnishing any of the Work to communicate Work or resulting from the incorporation in the Work of t with Engineer through Contractor. any invention, design, process, product, or device not specified in the Contract Documents. ' 3 F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not 6.08 Permits control Contractor in dividing the Work among Subcon- j tractors or Suppliers or delineating the Work to be A. Unless otherwise provided in the Supple- performed by any specific trade. mentary Conditions, Contractor shall obtain and pay for „_ all construction permits and licenses. Owner shall assist G. All Work performed for Contractor by a Contractor, when necessary, in obtaining such permits Subcontractor or Supplier will be pursuant to an appro- and licenses. Contractor shall pay all governmental priate agreement between Contractor and the charges and inspection fees necessary for the prosecution Subcontractor or Supplier which specifically binds the of the Work which are applicable at the time of opening L • Subcontractor or Supplier to the applicable terms and of Bids, or, if there are no Bids, on the Effective Date of conditions of the Contract Documents for the benefit of the Agreement. Owner shall pay all charges of utility r Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service with a Subcontractor or Supplier who is listed as an to the Work. additional insured on the property insurance provided in • Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations ri and the Subcontractor or Supplier will contain provisions (J whereby the Subcontractor or Supplier•waives all rights A. Contractor shall give all notices required by against Owner, Contractor, and Engineer„ and all other and shall comply with all Laws and Regulations applica- individuals or entities identified in the Supplementary ble to the performance of the Work. Except where 1 Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and I (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with r- for all losses and damages caused by, arising out of, any Laws or Regulations. relating to, or resulting from any of the perils or causes of y. loss covered by such policies and any other property B. If Contractor performs any Work knowing or insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs, by any Subcontractor or Supplier, Contractor will obtain losses, and damages (including but not limited to all fees the same. and charges of engineers, architects, attorneys, and other r professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. `3v However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and i royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. I which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at f or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on 71 knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the -j patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on r, rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be made therefor as LA provided in Paragraph 10.05. EJCDC C-7D0 Standard General Conditions of the Construction Contract. r 3 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 D. Loading Structures: Contractor shall not load 6.10 Taxes nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall A. Contractor shall pay all sales, consumer, use, Contractor subject any part of the Work or adjacent and other similar taxes required to be paid by Contractor property to stresses or pressures that will endanger it in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents 1 performance of the Work. A. Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, �» Addenda, Change Orders, Work Change Directives, Field A. Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction equip- construction. These record documents together with all ment, the storage of materials and equipment, and the approved Samples and a counterpart of all approved Shop operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipment or other materials or equipment. neer for Owner. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or 6.13 Safety and Protection occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- 2. Should any claim be made by any such owner tions and programs in connection with the Work. or occupant because of the performance of the Work, Contractor shall take all necessary precautions for the Contractor shall promptly settle with such other party by safety of, and shall provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage,injury or loss to: or other dispute resolution proceeding or at law. 1. all persons on the Site or who may be affected 3. To the fullest extent permitted by Laws and by the Work; 1 4 Regulations, Contractor shall indemnify and hold ��aa harmless Owner and Engineer, and the officers, directors, 2. all the Work and materials and equipment to partners, employees, agents, consultants and be incorporated therein, whether in storage on or off the subcontractors of each and any of them from and against Site; and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 3. other property at the Site or adjacent thereto, attorneys, and other professionals and all court or including trees, shrubs, lawns, walks, pavements, arbitration or other dispute resolution costs) arising out of roadways, structures,utilities, and Underground Facilities or relating to any claim or action, legal or equitable, not designated for removal, relocation, or replacement in brought by any such owner or occupant against Owner, the course of construction. Engineer, or any other party indemnified hereunder to the [1: extent caused by or based upon Contractor's performance B. Contractor shall comply with all applicable of the Work. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from B.Removal of Debris During Performance of the damage, injury, or loss; and shall erect and maintain all Work: During the progress of the Work Contractor shall necessary safeguards for such safety and protection. keep the Site and other areas free from accumulations of Contractor shall notify owners of adjacent property and of waste materials, rubbish, and other debris. Removal and Underground Facilities and other utility owners when disposal of such waste materials, rubbish,and other debris prosecution of the Work may affect them, and shall shall conform to applicable Laws and Regulations. cooperate with them in the protection, removal, relocation,and replacement of their property. a C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or loss to any property and make it ready for utilization by Owner. At the con- referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, r pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or L.4 machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work,or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. 1 s Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 ings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings will be Owner or Engineer or , or anyone employed by any of complete with respect to quantities, dimensions, them, or anyone for whose acts any of them may be specified performance and design criteria, 1 liable, and not attributable,directly or indirectly, in whole materials, and similar data to show Engineer the or in part, to the fault or negligence of Contractor or any services, materials, and equipment Contractor Subcontractor, Supplier, or other individual or entity proposes to provide and to enable Engineer to Idirectly or indirectly employed by any of them). review the information for the limited purposes ' required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for Vl safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and with Paragraph 14.07.B that the Work is acceptable Sample submittals. '1 (except as otherwise expressly provided in connection } with Substantial Completion). a. Submit number of Samples specified in the Specifications. ` 4 6.14 Safety Representative b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier, pertinent data such as catalog numbers, experienced safety representative at the Site whose duties the use for which intended and other data as and responsibilities shall be the prevention of accidents Engineer may require to enable Engineer to -• and the maintaining and supervising of safety precautions review the submittal for the limited purposes and programs. required by Paragraph 6.17.D. { 6.15 Hazard Communication Programs B.Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals T A. Contractor shall be responsible for coordi- , any related Work performed prior to Engineer's review nating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among ri employers at the Site in accordance with Laws or C. Submittal Procedures Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergencies Sample,Contractor shall have determined and verified: s. A. In emergencies affecting the safety or protec- a. all field measurements, quantities,dimensions, tion of persons or the Work or property at the Site or specified performance and design criteria, adjacent thereto, Contractor is obligated to act to prevent installation requirements, materials, catalog F threatened damage, injury, or loss. Contractor shall give numbers, and similar information with respect Engineer prompt written notice if Contractor believes that thereto; any significant changes in the Work or variations from the F' Contract Documents have been caused thereby or are b. the suitability of all materials with respect to required as a result thereof. If Engineer determines that a intended use, fabrication, shipping, handling, change in the Contract Documents is required because of storage, assembly, and installation pertaining to the action taken by Contractor in response to such an the performance of the Work; emergency, a Work Change Directive or Change Order will be issued. c. all information relative to Contractor's responsibilities for means, methods, techniques, 1 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and 7: Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as d. shall also have reviewed and coordinated each required by Paragraph 2.07). Each submittal will be Shop Drawing or Sample with other Shop identified as Engineer may require. Drawings and Samples and with the , requirements of the Work and the Contract $.i 1.Shop Drawings Documents. r 1 a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific General Requirements_ written certification that Contractor has satisfied 1. Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. r'. Copyright Chi 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-22 a :, with respect to Contractor's review and approval of that disagreements with Owner. No Work shall be delayed or submittal. postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guarantee of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its ted to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D.Engineer's Review B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule 1. abuse, modification, or improper maintenance of Submittals acceptable to Engineer. Engineer's review or operation by persons other than Contractor, Sub- and approval will be only to determine if the items contractors,Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible;or 11 incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2.normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and ments. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1.observations by Engineer; incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment by which the item functions. Owner of any progress or final payment; 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval 5. any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; E. Resubmittal Procedures 6. any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7. any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and .J 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. t.. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 i arbitration or other dispute resolution costs) arising out of shall appear on all drawings, calculations, specifications, or relating to the performance of the Work, provided that certifications, Shop Drawings and other submittals ' g any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other s bodily injury, sickness,disease,or death, or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such t itself), including the loss of use resulting therefrom but professional's written approval when submitted to only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely of them to perform any of the Work or anyone for whose upon the adequacy, accuracy and completeness of the i j acts any of them may be liable . services, certifications or approvals performed by such design professionals, provided Owner and Engineer have sa B. In any and all claims against Owner or specified to Contractor all performance and design criteria Engineer or any of their respective consultants, agents, that such services must satisfy. A officers, directors,partners, or employees by any employ- ee (or the survivor or personal representative of such D. Pursuant to this Paragraph 6.21, Engineer's employee) of Contractor, any Subcontractor, any review and approval of design calculations and design I Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria •- anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop "` not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages, compensation, or benefits payable by and design drawings) will be only for the purpose stated or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.1. L. other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the .l acts. adequacy of the performance or design criteria required by the Contract Documents. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer .and Engineer's officers, directors, partners, ARTICLE 7- OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: ri1. the preparation or approval of, or the failure to 7.01 Related Work at Site prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys, Change Orders,designs,or Specifications; or Project at the Site with Owner's employees, or via other 9 direct contracts therefor,or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents,then: Idamage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work; and " A. Contractor will not be required to provide professional design services unless such services are 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods, techniques, sequences and procedures. 10.05. Contractor shall not be required to provide professional T. services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with r,i certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. 1 that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or t properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. 1 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 r 3 i.1 properly integrate with such other work. Contractor shall ARTICLE 8 - OWNER'S RESPONSIBILITIES not endanger any work of others by cutting, excavating, M1 or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A. Except as otherwise provided in these General II the benefit of such utility owners and other contractors to Conditions, Owner shall issue all communications to i the extent that there are comparable provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between ri Owner and such utility owners and other contractors. S.02 Replacement of Engineer LI C. If the proper execution or results of any part A. In case of termination of the employment of of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom1-1 others under this Article 7, Contractor shall inspect such Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former delays, defects, or deficiencies in such other work that Engineer. pi render it unavailable or unsuitable for the proper �i�ii execution and results of Contractor's Work. Contractor's 8.03 Furnish Data failure to so report will constitute an acceptance of such id other work as fit and proper for integration with A. Owner shall promptly furnish the data Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and 1,1 the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- i A tions: 8.05 Lands and Easements;Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to A activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifyingcl 2. the specific matters to be covered by such and making available to Contractor copies of•reports of authority and responsibility will be itemized;and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing Li 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance Let authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property insur- ance are set forth in Article 5. A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 8.07 Change Orders 1. B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders Paragraph 7.01.A shall provide that the other contractor is as indicated in Paragraph 10.03. 1, liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 8.08 Inspections, Tests, and Approvals ;,. result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain 1, C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. ' disruption costs incurred by such other contractor as a result of Contractor's action or inactions. [ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 :. 1 " t" i 8.09 Limitations on Otivner's Responsibilities Owner infomied of the progress of the Work and will endeavor to guard Owner against defective Work. [ A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, B. Engineer's visits and observations are subject Contractor's means, methods, techniques, sequences, or to all the limitations on Engineer's authority and procedures of construction, or the safety precautions and responsibility set forth in Paragraph 9.09.Particularly,but programs incident thereto or for any failure of Contractor without limitation, during or as a result of Engineer's i to comply with Laws and Regulations applicable to the visits or observations of Contractor's Work Engineer will performance of the Work. Owner will not be responsible not supervise, direct, control, or have authority over or be for Contractor's failure to perform the Work in responsible for Contractor's means, methods, techniques, accordance with the Contract Documents. sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any i1 8.10 Undisclosed Hazardous Environmental failure of Contractor to comply with Laws and i Condition Regulations applicable to the performance of the Work. A. Owner's responsibility in respect to an undis- 9.03 Project Representative [i closed Hazardous Environmental Condition is set forth in j Paragraph 4.06. A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist [ 8.11 Evidence of Financial Arrangements Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such A. If and to the extent Owner has agreed to Resident Project Representative and assistants will be as furnish Contractor reasonable evidence that financial provided in the Supplementary Conditions, and ri arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another responsibility in respect thereof will be as set forth in the representative or agent to represent Owner at the Site who in Supplementary Conditions. is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of it such other individual or entity will be as provided in the ARTICLE 9 - ENGINEER'S STATUS DURING Supplementary Conditions. CONSTRUCTION 0 9.04 Authorized Variations in Work u 9.01 Owner's Representative A. Engineer may authorize minor variations in the Work from the requirements of the Contract A. Engineer will be Owner's representative Documents which do not involve an adjustment in the during the construction period. The duties and responsi- Contract Price or the Contract Times and are compatible 11 bilities and the limitations of authority of Engineer as with the design concept of the completed Project as a Owner's representative during construction are set forth functioning whole as indicated by the Contract Docu- in the Contract Documents and will not be changed ments. These may be accomplished by a Field Order and a without written consent of Owner and Engineer. will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or 9.02 Visits to Site Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or A. Engineer will make visits to the Site at inter- both, and the parties are unable to agree on entitlement to [I vals appropriate to the various stages of construction as or on the amount or extent, if any,of any such adjustment Engineer deems necessary in order to observe as an , a Claim may be made therefor as provided in Paragraph experienced and qualified design professional the 10.05. progress that has been made and the quality of the various L aspects of Contractor's executed Work. Based on 9.05 Rejecting Defective Work information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in A. Engineer will have authority to reject Work general, if the Work is proceeding in accordance with the which Engineer_believes to be defective, or that Engineer Contract Documents. Engineer will not be required to believes will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents or that will prejudice check the quality or quantity of the Work. Engineer's the integrity of the design concept of the completed t efforts will be directed toward providing for Owner a Project as a functioning whole as indicated by the greater degree of confidence that the completed Work will Contract Documents. Engineer will also have authority to el conform generally to the Contract Documents. On the require special inspection or testing of the Work as basis of such visits and observations, Engineer will keep provided in Paragraph 13.04, whether or not the Work is Li fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. '1 Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. t 00700-26 n, partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings. Change Orders and Payments connection with any interpretation or decision rendered in F 1 good faith in such capacity. i_i A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities Ill ti B. In connection with Engineer's authority, and A.Neither Engineer's authority or responsibility limitations thereof, as to design calculations and design under this Article 9 or under any other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer [I professional design services, if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other n Applications for Payment,see Article 14_ individual or entity, or to any surety for or employee or agent of any of them. 9.07 Determinations for Unit Price Work B.Engineer will not supervise,direct, control, or Li A. Engineer will determine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be sible for Contractor's failure to perform the Work in final and binding (except as modified by Engineer to accordance with the Contract Documents. a reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing ' 9.08 Decisions on Requirements of Contract any of the Work. Documents and Acceptability of Work si"? D. Engineer's review of the final Application for I A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, ,a acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests andLi question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date fmal payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work,and the interpretation of the generally that their content complies with the require- requirements of the Contract Documents pertaining to the ments of, and in the case of certificates of inspections, performance of the Work, will be referred initially to tests, and approvals that the results certified indicate Engineer in writing within 30 days of the event giving rise compliance with the Contract Documents. to the question E. The limitations upon authority and responsi- B. Engineer will, with reasonable promptness, bility set forth in this Paragraph 9.09 shall also apply to, render a written decision on the issue referred. If Owner the Resident Project Representative,if any, and assistants, or Contractor believe that any such decision entitles them if any. to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the ARTICLE 10-CHANGES IN THE WORK; CLAIMS event giving rise to the issues referenced for the purposes i of Paragraph 10.05.B. 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A.Without invalidating the Contract and without t Contractor, subject to the provisions of Paragraph 10.05. notice to any surety,Owner may,at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. i under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. r Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 ' promptly proceed with the Work involved which will be 10.05 Claims performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, .,. except those waived pursuant to Paragraph 14.09,shall be B. If Owner and Contractor are unable to agree referred to the Engineer for decision. A decision by g,, on entitlement to, or on the amount or extent, if any, of an Engineer shall be required as a condition precedent to any adjustment in the Contract Price or Contract Times, or exercise by Owner or Contractor of any rights or remedies :.. both, that should be allowed as a result of a Work Change either may otherwise have under the Contract Documents Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. r.,i. Paragraph 10.05. lir B. Notice: Written notice stating the general 10.02 Unauthorized Changes in the Work nature of each Claim, shall be delivered by the claimant to r 1 Engineer and the other party to the Contract promptly(but t 1 A.Contractor shall not be entitled to an increase in no event later than 30 days) after the start of the event 1_.1 in the Contract Price or an extension of the Contract giving rise thereto. The responsibility to substantiate a Times with respect to any work performed that is not Claim shall rest with the party making the Claim. Notice 1 required by the Contract Documents as amended, of the amount or extent of the Claim,with supporting data LI modified, or supplemented as provided in Paragraph 3.04, shall be delivered to the Engineer and the other party to except in the case of an emergency as provided in the Contract within 60 days after the start of such event El Paragraph 6.16 or in the case of uncovering Work as (unless Engineer allows additional time for claimant to provided in Paragraph 13.04.B. submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall 10.03 Execution of Change Orders be prepared in accordance with the provisions of fl Paragraph 12.01.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute appropri- Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.02.B. Each Claim shall be accompanied l by claimant's written statement that the adjustment 1. changes in the Work which are: (i) ordered by claimed is the entire adjustment to which the claimant Owner pursuant to Paragraph 10.01.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and f 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's iL Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). 2. changes in the Contract Price or Contract C. Engineer's Action:Engineer will review each LI Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions and in writing: 0 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 2.approve the Claim or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3. notify the parties that the Engineer is unable to decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. Paragraph 6.18.A. La D. In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 3 or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety,the giving of any such notice Contractor, unless Owner or Contractor invoke the will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within I applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. EJCDC C-700 Standard General Conditions of the Construction Contract. 1 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. _1 00700-28 r F. No Claim for an adjustment in Contract Price bids from subcontractors acceptable to Owner and or Contract Times will be valid if not submitted in Contractor and shall deliver such bids to Owner, who will r. accordance with this Paragraph 10.05. then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the ARTICLE 11 - COST OF THE WORK; Work plus a fee, the Subcontractor's Cost of the Work [.1 ALLOWANCES; UNIT PRICE WORK and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 11.01 Cost of the Work0 4. Costs of special consultants (including but not A. Costs Included: The term Cost of the Work limited to Engineers, architects, testing laboratories, means the sum of all costs, except those excluded in surveyors, attorneys, and accountants) employed for Paragraph 11.0I.B, necessarily incurred and paid by services specifically related to the Work. 0 Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or 5. Supplemental costs including the following: when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to a. The proportion of necessary transportation, be reimbursed to Contractor will be only those additional travel, and subsistence expenses of Contractor's or incremental costs required because of the change in the employees incurred in discharge of duties Work or because of the event giving rise to the Claim. connected with the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than b. Cost, including transportation and mainte- those prevailing in the locality of the Project,shall include nance, of all materials, supplies, equipment, El only the following items, and shall not include any of the machinery, appliances, office, and temporary costs itemized in Paragraph 11.01.B. facilities at the Site,and hand tools not owned by the workers, which are consumed in the perfor- 1. Payroll costs for employees in the direct mance of the Work, and cost, less market value, Ei employ of Contractor in the performance of the Work of such items used but not consumed which under schedules of job classifications agreed upon by remain the property of Contractor. Owner and Contractor. Such employees shall include, I] without limitation, superintendents, foremen, and other c. Rentals of all construction equipment and personnel employed full time at the Site.Payroll costs for machinery, and the parts thereof whether rented employees not employed full time on the Work shall be from Contractor or others in accordance with apportioned on the basis of their time spent on the Work. rental agreements approved by Owner with the II Payroll costs shall include, but not be limited to, salaries advice of Engineer, and the costs of and wages plus the cost of fringe benefits, which shall transportation, loading, unloading, assembly, include social security contributions, unemployment, dismantling, and removal thereof. All such costs excise, and payroll taxes, workers' compensation, health shall be in accordance with the terms of said and retirement benefits,bonuses, sick leave, vacation and rental agreements. The rental of any such equip- holiday pay applicable thereto. The expenses of ment, machinery, or parts shall cease when the performing Work outside of regular working hours, on use thereof is no longer necessary for the Work. 0 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is 2. Cost of all materials and equipment furnished liable,imposed by Laws and Regulations. and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field e. Deposits lost for causes other than negligence r services required in connection therewith. All cash of Contractor, any Subcontractor, or anyoneLi t discounts shall accrue to Contractor unless Owner directly or indirectly employed by any of them or deposits funds with Contractor with which to make pay- for whose acts any of them may be liable, and ments, in which case the cash discounts shall accrue to royalty payments and fees for permits and Ig , Owner. All trade discounts, rebates and refunds and licenses. 3s returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so f. Losses and damages (and related expenses) that they may be obtained. caused by damage to the Work,not compensated by insurance or otherwise, sustained by I Payments made by Contractor to Contractor in connection with the performance Subcontractors for Work performed by Subcontractors. If of the Work (except losses and damages within F required by Owner, Contractor shall obtain competitive the deductible amounts of property insurance L established in accordance with Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 r , 5.06.D), provided such losses and damages have C. Contractor's Fee: When all the Work is resulted from causes other than the negligence of perfomied on the basis of cost-plus, Contractor's fee shall t Contractor, any Subcontractor, or anyone be determined as set forth in the Agreement. When the i directly or indirectly employed by any of them or value of any Work covered by a Change Order or when a for whose acts any of them may be liable. Such Claim for an adjustment in Contract Price is determined r` t losses shall include settlements made with the on the basis of Cost of the Work,Contractor's fee shall be written consent and approval of Owner.No such determined as set forth in Paragraph 12.01.C. losses, damages, and expenses shall be included in the Cost of the Work for the purpose of D. Documentation: Whenever the Cost of the determining Contractor's fee. Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.0I.B, Contractor will establish g. The cost of utilities, fuel, and sanitary and maintain records thereof in accordance with generally [I facilities at the Site. accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown h. Minor expenses such as telegrams, long together with supporting data. distance telephone calls, telephone service at the [li Site, expresses, and similar petty cash items in 11.02 Allowances i connection with the Work. A. It is understood that Contractor has included i. The costs of premiums for all bonds and in the Contract Price all allowances so named in the r insurance Contractor is required by the Contract Contract Documents and shall cause the Work so covered Documents to purchase and maintain. to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. 0 B. Costs Excluded: The term Cost of the Work shall not include any of the following items: B. Cash Allowances "i 1. Payroll costs and other compensation of 1. Contractor agrees that: Contractor's officers, executives, principals (of s partnerships and sole proprietorships), general managers, a. the cash allowances include the cost to safety managers, engineers, architects, estimators, attor- Contractor (less any applicable trade discounts) L neys, auditors, accountants, purchasing and contracting of materials and equipment required by the agents, expediters, timekeepers, clerks, and other allowances to be delivered at the Site, and all personnel employed by Contractor, whether at the Site or applicable taxes;and in Contractor's principal or branch office for general administration of the Work and not specifically included b. Contractor's costs for unloading and handling r in the agreed upon schedule of job classifications referred on the Site, labor, installation , overhead, profit, to in Paragraph 11.01.A.1 or specifically covered by and other expenses contemplated for the cash Paragraph I1.01.A.4, all of which are to be considered allowances have been included in the Contract 4, administrative costs covered by the Contractor's fee. Price and not in the allowances, and no demand for additional payment on account of any of the 2. Expenses of Contractor's principal and branch foregoing will be valid. offices other than Contractor's office at the Site. C. Contingency Allowance 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for 1_ Contractor agrees that a contingency the Work and charges against Contractor for delinquent allowance, if any, is for the sole use of Owner to cover payments. unanticipated costs. 4. Costs due to the negligence of Contractor, any D. Prior to final payment, an appropriate Change Subcontractor, or anyone directly or indirectly employed Order will be issued as recommended by Engineer to by any of them or for whose acts any of them may be reflect actual amounts due Contractor on account of Work liable, including but not limited to, the correction of covered by allowances, and the Contract Price shall be defective Work, disposal of materials or equipment correspondingly adjusted. :1, wrongly supplied, and making good any damage to property. 11.03 Unit Price Work 5. Other overhead or general expense costs of A. Where the Contract Documents provide that any kind and the costs of any item not specifically and all or part of the Work is to be Unit Price Work, initially expressly included in Paragraphs 11.01_A and 11.01.B. the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work EJCDC C-700 Standard General Conditions of the Construction Contract. s Copyright O 2002 National Society of Professional Engineers for EJCDC_ All rights reserved. 1 00700-30 times the estimated quantity of each item as indicated in 2. where the Work involved is not covered by the Agreement. unit prices contained in the Contract Documents, by a , mutually agreed lump sum (which may include an B. The estimated quantities of items of Unit allowance for overhead and profit not necessarily in c Price Work are not guaranteed and are solely for the accordance with Paragraph 12.01.C.2);or purpose of comparison of Bids and determining an initial 11 Contract Price. Determinations of the actual quantities 3. where the Work involved is not covered byii and classifications of Unit Price Work performed by unit prices contained in the Contract Documents and Contractor will be made by Engineer subject to the agreement to a lump sum is not reached under Paragraph provisions of Paragraph 9.07. 12.01.B.2, on the basis of the Cost of the Work0 (determined as provided in Paragraph 11.01) plus a C. Each unit price will be deemed to include an Contractor's fee for overhead and profit (determined as amount considered by Contractor to be adequate to cover provided in Paragraph 12.01.C). Contractor's overhead and profit for each separatelyIii identified item. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: D. Owner or Contractor may make a Claim for 0 an adjustment in the Contract Price in accordance with 1. a mutually acceptable fixed fee;or Paragraph 10.05 if: 2. if a fixed fee is not agreed upon, then a fee 1. the quantity of any item of Unit Price Work based on the following percentages of the various portions performed by Contractor differs materially and signifi- of the Cost of the Work: cantly from the estimated quantity of such item indicated in the Agreement;and a. for costs incurred under Paragraphs 11.01.A.] and 11.01.A.2, the Contractor's fee shall be 15 2. there is no corresponding adjustment with percent; respect any other item of Work;and b. for costs incurred under Paragraph 11.01.A.3, 11 3. Contractor believes that Contractor is entitled the Contractor's fee shall be five percent; to an increase in Contract Price as a result of having [ii incurred additional expense or Owner believes that Owner c. where one or more tiers of subcontracts are on is entitled to a decrease in Contract Price and the parties the basis of Cost of the Work plus a fee and no are unable to agree as to the amount of any such increase fixed fee is agreed upon, the intent of Paragraph or decrease. 12.01.C.2.a is that the Subcontractor who [l actually performs the Work,at whatever tier,will be paid a fee of 15 percent of the costs incurred ARTICLE 12 - CHANGE OF CONTRACT PRICE; by such Subcontractor under Paragraphs CHANGE OF CONTRACT TIMES 11.01.A.1 and 11.01.A.2 and that any higher tier s Subcontractor and Contractor will each be paid a L fee of five percent of the amount paid to the next 12.01 Change of Contract Price lower tier Subcontractor; A. The Contract Price may only be changed by a d. no fee shall be payable on the basis of costs '( Change Order. Any Claim for an adjustment in the itemized under Paragraphs 11.01.A.4, 11.01.A.5, Contract Price shall be based on written notice submitted and 11.01.13; by the party making the Claim to the Engineer and the other party to the Contract in accordance with the e. the amount of credit to be allowed by provisions of Paragraph 10.05. Contractor to Owner for any change which /-, results in a net decrease in cost will be the B. The value of any Work covered by a Change amount of the actual net decrease in cost plus a Order or of any Claim for an adjustment in the Contract deduction in Contractor's fee by an amount equal Price will be determined as follows: to five percent of such net decrease; and 1 a ; Y.e 1. where the Work involved is covered by unit f. when both additions and credits are involved prices contained in the Contract Documents, by applica- in any one change, the adjustment in ,., tion of such unit prices to the quantities of the items Contractor's fee shall be computed on the basis involved (subject to the provisions of Paragraph 11.03); of the net change in accordance with Paragraphs t_. or 12.01.C.2.a through 12.01.C.2.e, inclusive. , EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. l 00700-31 12.02 Change of C011tra0 Times E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays ', A. The Contract Times may only be changed by within the control of Contractor. Delays attributable to t_ a Change Order. Any Claim for an adjustment in the and within the control of a Subcontractor or Supplier shall Contract Times shall be based on written notice submitted be deemed to be delays within the control of Contractor. r by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times DEFECTIVE WORK covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in i accordance with the provisions of this Article 12. 13.01 Notice of Defects [ i 12.03 Delays A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to A. Where Contractor is prevented from Contractor. All defective Work may be rejected, completing any part of the Work within the Contract corrected, or accepted as provided in this Article 13. Times due to delay beyond the control of Contractor, the E Contract Times will be extended in an amount equal to 13.02 Access to Work the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent rl acts or neglect by Owner,acts or neglect of utility owners testing laboratories, and governmental agencies with i or other contractors performing other work as contemplat- jurisdictional interests will have access to the Site and the ed by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God.i inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise ft B. If Owner, Engineer, or other contractors or them of Contractor's Site safety procedures and programs utility owners performing other work for Owner as so that they may comply therewith as applicable. 7; contemplated by Article 7, or anyone for whom Owner is . Jresponsible., delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice r Price or the Contract Times or both. Contractor'si. of readiness of the Work for all required inspections, entitlement to an adjustment of the Contract Times is tests, or approvals and shall cooperate with inspection and conditioned on such adjustment being essential to testing personnel to facilitate required inspections or tests. r Contractor's ability to complete the Work within the Contract Times. B. Owner shall employ and pay for the services �` of an independent testing laboratory to perform all C If Contractor is delayed in the performance or inspections, tests, or approvals required by the Contract progress of the Work by fire, flood, epidemic, abnormal Documents except: weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other 1. for inspections, tests, or approvals covered by causes not the fault of and beyond control of Owner and Paragraphs 13.03.0 and 13.03.D below; I Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such 2. that costs incurred in connection with tests or adjustment is essential to Contractor's ability to complete inspections conducted pursuant to Paragraph 13.04.B .] the Work within the Contract Times. Such an adjustment shall be paid as provided in said Paragraph 13.04.C; and shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the Con- tract Documents. D. Owner, Engineer and-the Related Entities of each of them shall not be liable to Contractor for any C. if Laws or Regulations of any public body claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects,attorneys, and other professionals and all court or specifically to be inspected, tested, or approved by an employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining such inspections,tests, or approvals,pay all 1 anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-32 costs in connection therewith, and furnish Engineer the reconstruction. If the parties are unable to agree as to the required certificates of inspection or approval. amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with 13.05 Owner May Stop the Work any inspections, tests, or approvals required for Owner's 1 and Engineer's acceptance of materials or equipment to A. If the Work is defective,or Contractor fails to be incorporated in the Work; or acceptance of materials, supply sufficient skilled workers or suitable materials or mix designs, or equipment submitted for approval prior to equipment, or fails to perform the Work in such a way Contractor's purchase thereof for incorporation in the that the completed Work will conform to the Contract Work. Such inspections, tests, or approvals shall be Documents, Owner may order Contractor to stop the performed by organizations acceptable to Owner and Work, or any portion thereof, until the cause for such Engineer. order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part E. If any Work (or the work of others) that is to of Owner to exercise this right for the benefit of be inspected, tested, or approved is covered by Contractor Contractor, any Subcontractor, any Supplier, any other without written concurrence of Engineer, it must, if individual or entity, or any surety for, or employee or requested by Engineer,be uncovered for observation. agent of any of them. F. Uncovering Work as provided in Paragraph 13.06 Correction or Rernoval of Defective Work 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of A. Promptly after receipt of notice, Contractor Contractor's intention to cover the same and Engineer has shall correct all defective Work, whether or not not acted with reasonable promptness in response to such fabricated, installed, or completed, or, if the Work hasfri notice. been rejected by Engineer,remove it from the Project and replace it with Work that is not defective.Contractor shall 13.04 Uncovering Work pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, A. If any Work is covered contrary to the written attorneys, and other professionals and all court or request of Engineer, it must, if requested by Engineer,be arbitration or other dispute resolution costs) arising out of uncovered for Engineer's observation and replaced at or relating to such correction or removal (including but Contractor's expense. not limited to all costs of repair or replacement of work of others). B_ If Engineer considers it necessary or advisable (4' that covered Work be observed by Engineer or inspected B. When correcting defective Work under the or tested by others, Contractor, at Engineer's request, terms of this Paragraph 13.06 or Paragraph 13.07, shall uncover, expose, or otherwise make available for Contractor shall take no action that would void or observation, inspection, or testing as Engineer may otherwise impair Owner's special warranty and guarantee, require, that portion of the Work in question, furnishing if any,on said Work. all necessary labor,material,and equipment. 13.07 Correction Period C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, A. If within one year after the date of Substantial and damages (including but not limited to all fees and Completion (or such longer period of time as may be charges of engineers, architects, attorneys, and other prescribed by the terms of any applicable special professionals and all court or arbitration or other dispute guarantee required by the Contract Documents) or by any resolution costs) arising out of or relating to such specific provision of the Contract Documents, any Work uncovering, exposure, observation, inspection, and is found to be defective,or if the repair of any damages to testing, and of satisfactory replacement or reconstruction the land or areas made available for Contractor's use by (including but not limited to all costs of repair or Owner or permitted by Laws and Regulations as replacement of work of others); and Owner shall be contemplated in Paragraph 6.11.A is found to be entitled to an appropriate decrease in the Contract Price.If defective, Contractor shall promptly, without cost to the parties are unable to agree as to the amount thereof, Owner and in accordance with Owner's written Owner may make a Claim therefor as provided in instructions: Paragraph 10.05. 1.repair such defective land or areas; or D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the 2_correct such defective Work; or Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and EJCDC C-700 Standard General Conditions of the Construction Contract. f Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 ' t, 3. if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work Owner, remove it from the Project and replace it with so accepted. If the parties are unable to agree as to the i i Work that is not defective,and amount thereof, Owner may make a Claim therefor as ., provided in Paragraph 10.05. if the acceptance occurs 4. satisfactorily correct or repair or remove and after such recommendation,an appropriate amount will be replace any damage to other Work, to the work of others paid by Contractor to Owner. or other land or areas resulting therefrom. 13.09 Owner May Correct Defective Work B. If Contractor does not promptly comply with t the terms of Owner's written instructions, or in an A. If Contractor fails within a reasonable time i emergency where delay would cause serious risk of loss after written notice from Engineer to correct defective or damage, Owner may have the defective Work Work or to remove and replace rejected Work as required tr i corrected or repaired or may have the rejected Work re- by Engineer in accordance with Paragraph 13.06.A, or if s. 4 • moved and replaced. All claims, costs, losses, and Contractor fails to perform the Work in accordance with damages (including but not limited to all fees and charges the Contract Documents, or if Contractor fails to comply of engineers, architects, attorneys, and other professionals with any other provision of the Contract Documents, 7.1 and all court or arbitration or other dispute resolution Owner may, after seven days written notice to Contractor, 'La costs)arising out of or relating to such correction or repair correct or remedy any such deficiency. or such removal and replacement (including but not limited to all costs of repair or replacement of work of B. In exercising the rights and remedies under others) will be paid by Contractor. this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, C. In special circumstances where a particular Owner may exclude Contractor from all or part of the ,E, item of equipment is placed in continuous service before Site, take possession of all or part of the Work and Substantial Completion of all the Work, the correction suspend Contractor's services related thereto,take posses- period for that item may start to run from an earlier date if sion of Contractor's tools, appliances, construction n so provided in the Specifications. equipment and machinery at the Site, and incorporate in it the Work all materials and equipment stored at the Site or D. Where defective Work (and damage to other for which Owner has paid Contractor but which are stored Work resulting therefrom)has been corrected or removed elsewhere. Contractor shall allow Owner, Owner's T i and replaced under this Paragraph 13.07, the correction representatives, agents and employees, Owner's other period hereunder with respect to such Work will be contractors, and Engineer and Engineer's consultants extended for an additional period of one year after such access to the Site to enable Owner to exercise the rights correction or removal and replacement has been and remedies under this Paragraph. satisfactorily completed. C. All claims, costs, losses, and damages E. Contractor's obligations under this Paragraph (including but not limited to all fees and charges of 13.07 are in addition to any other obligation or warranty. engineers, architects, attorneys, and other professionals The provisions of this Paragraph 13.07 shall not be and all court or arbitration or other dispute resolution construed as a substitute for or a waiver of the provisions costs) incurred or sustained by Owner in exercising the of any applicable statute of limitation or repose. rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be 13.08 Acceptance of Defective Work issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner A. If, instead of requiring correction or removal shall be entitled to an appropriate decrease in the Contract and replacement of defective Work, Owner (and, prior to Price. If the parties are unable to agree as to the amount of Engineer's recommendation of final payment, Engineer) the adjustment, Owner may make a Claim therefor as prefers to accept it, Owner may do so. Contractor shall provided in Paragraph 10.05. Such claims, costs, losses pay all claims, costs, losses, and damages (including but and damages will include but not be limited to all costs of L. not limited to all fees and charges of engineers, architects, repair, or replacement of work of others destroyed or attorneys, and other professionals and all court or damaged by correction, removal, or replacement of arbitration or other dispute resolution costs)attributable to Contractor's defective Work. Owner's evaluation of and determination to accept such z. defective Work(such costs to be approved by Engineer as D. Contractor shall not be allowed an extension to reasonableness) and the diminished value of the Work of the Contract Times because of any delay in the to the extent not otherwise paid by Contractor pursuant to performance of the Work attributable to the exercise by ry this sentence. If any such acceptance occurs prior to Owner of Owner's rights and remedies under this Engineer's recommendation of final payment, a Change Paragraph 13.09. Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND observations on the Site of the executed Work as an COMPLETION experienced and qualified design professional and on v Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 14.01 Schedule of Values Engineer's knowledge, information and belief: A. The Schedule of Values established as provid- a. the Work has progressed to the point indicat- ed in Paragraph 2.07.A will serve as the basis for progress ed; payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress b. the quality of the Work is generally in accor- payments on account of Unit Price Work will be based on dance with the Contract Documents (subject to the number of units completed_ an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the I4.02 Progress Payments results of any subsequent tests called for in the Contract Documents, to a final determination of A.Applications for Payments quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other 1. At least 20 days before the date established in qualifications stated in the recommendation);and the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to c. the conditions precedent to Contractor's being Engineer for review an Application for Payment filled out entitled to such payment appear to have been and signed by Contractor covering the Work completed as fulfilled in so far as it is Engineer's of the date of the Application and accompanied by such responsibility to observe the Work. supporting documentation as is required by the Contract Documents. If payment is requested on the basis of 3.By recommending any such payment Engineer materials and equipment not incorporated in the Work but will not thereby be deemed to have represented that: delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment a. inspections made to check the quality or the shall also be accompanied by a bill of sale, invoice, or quantity of the Work as it has been performed other documentation warranting that Owner has received have been exhaustive, extended to every aspect the materials and equipment free and clear of all Liens of the Work in progress, or involved detailed and evidence that the materials and equipment are inspections of the Work beyond the responsi- covered by appropriate property insurance or other bilities specifically assigned to Engineer in the arrangements to protect Owner's interest therein, all of Contract Documents;or c which must be satisfactory to Owner. b. that there may not be other matters or issues 2. Beginning with the second Application for between the parties that might entitle Contractor Payment, each Application shall include an affidavit of to be paid additionally by Owner or entitle Contractor stating that all previous progress payments Owner to withhold payment to Contractor. received on account of the Work have been applied on account to discharge Contractor's legitimate obligations 4. Neither Engineer's review of Contractor's associated with prior Applications for Payment. Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including 3. The amount of retainage with respect to final payment,will impose responsibility on Engineer: progress payments will be as stipulated in the Agreement. a.to supervise,direct,or control the Work, or [. B. Review of Applications b. for the means, methods, techniques, 1. Engineer will, within I0 days after receipt of sequences, or procedures of construction, or the each Application for Payment, either indicate in writing a safety precautions and programs incident thereto, recommendation of payment and present the Application or to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to c. for Contractor's failure to comply with Laws recommend payment. In the latter case, Contractor may and Regulations applicable to Contractor's make the necessary corrections and resubmit the performance of the Work, or Application. d. to make any examination to ascertain how or 2. Engineer's recommendation of any payment for what purposes Contractor has used the requested in an Application for Payment will constitute a moneys paid on account of the Contract Price,or ! representation by Engineer to Owner, based on Engineer's EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 r e. to determine that title to any of the Work, 2. If Owner refuses to make payment of the frill materials,or equipment has passed to Owner free amount recommended by Engineer, Owner will give i_:' and clear of any Liens. Contractor immediate written notice (with a copy to Engineer)stating the reasons for such action and promptly 5. Engineer may refuse to recommend the whole pay Contractor any amount remaining after deduction of or any part of any payment if, in Engineer's opinion, it the amount so withheld. Owner shall promptly pay would be incorrect to make the representations to Owner Contractor the amount so withheld, or any adjustment stated in Paragraph 14.02.B.2. Engineer may also refuse thereto agreed to by Owner and Contractor, when to recommend any such payment or, because of subse- Contractor corrects to Owner's satisfaction the reasons for y quently discovered evidence or the results of subsequent such action. [-: inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may 3. If it is subsequently determined that Owner's be necessary in Engineer's opinion to protect Owner from refusal of payment was not justified, the amount l loss because: wrongfully withheld shall be treated as an amount due as _i determined by Paragraph 14.02.C.1. a. the Work is defective, or completed Work has been damaged, requiring correction or replace- 14.03 Contractor's Warrant,of Title L.I ment; A. Contractor warrants and guarantees that title b. the Contract Price has been reduced by to all Work, materials, and equipment covered by any 11 Change Orders; Application for Payment, whether incorporated in the Project or not,will pass to Owner no later than the time of c. Owner has been required to correct defective payment free and clear of all Liens. r Work or complete Work in accordance with Paragraph 13.09; or 14.04 Substantial Completion L.Ji d. Engineer has actual knowledge of the A. When Contractor considers the entire Work 1 occurrence of any of the events enumerated in ready for its intended use Contractor shall notify Owner Paragraph 15.02.A. and Engineer in writing that the entire Work is substantially complete(except for items specifically listed f- C.Payment Becomes Due by Contractor as incomplete) and request that Engineer L issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, B. Promptly after Contractor's notification, , 1' the amount recommended will (subject to the provisions Owner, Contractor, and Engineer shall make an r. of Paragraph 14.02.D)become due, and when due will be inspection of the Work to determine the status of paid by Owner to Contractor. completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in D.Reduction in Payment writing giving the reasons therefor. 1. Owner may refuse to make payment of the full C. If Engineer considers the Work substantially amount recommended by Engineer because: complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the a. claims have been made against Owner on date of Substantial Completion.There shall be attached to ,,. account of Contractor's performance or furnish- the certificate a tentative list of items to be completed or ing of the Work; corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which b. Liens have been filed in connection with the to make written objection to Engineer as to any provisions Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the of the certificate or attached list. If,after considering such objections, Engineer concludes that the Work is not satisfaction and discharge of such Liens; substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify c. there are other items entitling Owner to a Contractor in writing, stating the reasons therefor. If,after set-off against the amount recommended; or consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within d. Owner has actual knowledge of the occurrence said 14 days execute and deliver to Owner and Contractor - of any of the events enumerated in Paragraphs a definitive certificate of Substantial Completion (with a 14.02.B.5.a through 14.02.B.5.c or Paragraph revised tentative list of items to be completed or correct- 15.02.A. ed) reflecting such changes from the tentative certificate 1 as Engineer believes justified after consideration of any objections from Owner. EJCDC C-700 Standard General Conditions of the Construction Contract. 1 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 4 No use or occupancy or separate operation of D. At the time of delivery of the tentative part of the Work may occur prior to compliance with the certificate of Substantial Completion, Engineer will requirements of Paragraph 5.10 regarding property , deliver to Owner and Contractor a written recommen- insurance. g_ dation as to division of responsibilities pending final payment between Owner and Contractor with respect to 14.06 Final Inspection security, operation, safety, and protection of the Work, III maintenance, heat, utilities, insurance, and warranties and A. Upon written notice from Contractor that the guarantees. Unless Owner and Contractor agree otherwise entire Work or an agreed portion thereof is complete, in writing and so inform Engineer in writing prior to Engineer will promptly make a final inspection with Engineer's issuing the definitive certificate of Substantial Owner and Contractor and will notify Contractor in ii Completion, Engineer's aforesaid recommendation will writing of all particulars in which this inspection reveals be binding on Owner and Contractor until final payment. that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to iii E. Owner shall have the right to exclude complete such Work or remedy such deficiencies. Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable 14.07 Final Payment 11 access to complete or correct items on the tentative list. Li A.Application for Payment 14.05 Partial Utilization 0 1. After Contractor has, in the opinion of A. Prior to Substantial Completion of all the Engineer, satisfactorily completed all corrections Work, Owner may use or occupy any substantially identified during the final inspection and has delivered,in completed part of the Work which has specifically been accordance with the Contract Documents, all maintenance identified in the Contract Documents, or which Owner, and operating instructions, schedules, guarantees, bonds, 0 Engineer, and Contractor agree constitutes a separately certificates or other evidence of insurance certificates of functioning and usable part of the Work that can be used inspection, marked-up record documents (as provided in by Owner for its intended purpose without significant Paragraph 6.12), and other documents, Contractor may interference with Contractor's performance of the make application for final payment following the remainder of the Work, subject to the following condi- procedure for progress payments. tions. 2. The final Application for Payment shall be L 1. Owner at any time may request Contractor in accompanied(except as previously delivered)by: writing to permit Owner to use or occupy any such part of !, the Work which Owner believes to be ready for its a. all documentation called for in the Contract a intended use and substantially complete. If and when Documents, including but not limited to the Contractor agrees that such part of the Work is evidence of insurance required by Paragraph substantially complete, Contractor will certify to Owner 5.04.B.7; and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of b.consent of the surety,if any,to final payment; Substantial Completion for that part of the Work. c. a list of all Claims against Owner that 2. Contractor at any time may notify Owner and Contractor believes are unsettled;and E.", Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- d. complete and legally effective releases or tially complete and request Engineer to issue a certificate waivers (satisfactory to Owner)of all Lien rights of Substantial Completion for that part of the Work. arising out of or Liens filed in connection with the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an 3. In lieu of the releases or waivers of Liens 1._ inspection of that part of the Work to determine its status specified in Paragraph 14.07.A.2 and as approved by of completion. If Engineer does not consider that part of Owner, Contractor may furnish receipts or releases in full the Work to be substantially complete, Engineer will and an affidavit of Contractor that: (i) the releases and notify Owner and Contractor in writing giving the reasons receipts include all labor, services, material, and therefor. If Engineer considers that part of the Work to be equipment for which a Lien could be filed; and (ii) all substantially complete, the provisions of Paragraph 14.04 payrolls, material and equipment bills, and other will apply with respect to certification of Substantial indebtedness connected with the Work for which Owner it t_ Completion of that part of the Work and the division of or Owner's property might in any way be responsible have responsibility in respect thereof and access thereto. been paid or otherwise satisfied. If any Subcontractor or t Supplier fails to furnish such a release or receipt in full, I. Contractor may furnish a bond or other collateral EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. Al!rights reserved. r 00700-37 l r . ' satisfactory to Owner to indemnify Owner against any Lien. 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, i B. Engineer's Review of Application and from defective Work appearing after final inspection Acceptance pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special I. If, on the basis of Engineer's observation of guarantees specified therein, or from Contractor's the Work during construction and final inspection, and continuing obligations under the Contract Documents; Engineer's review of the final Application for Payment and [ and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work 2. a waiver of all Claims by Contractor against has been completed and Contractor's other obligations Owner other than those previously made in accordance under the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time ARTICLE 15 - SUSPENSION OF WORK AND Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the EJ provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- 15.01 Owner May Suspend Work ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the A. At any time and without cause, Owner may Elnecessary corrections and resubmit the Application for suspend the Work or any portion thereof for a period of Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which rl C. Payment Becomes Due Work will be resumed. Contractor shall resume the Work le on the date so fixed.Contractor shall be granted an adjust- 1. Thirty days after the presentation to Owner of ment in the Contract Price or an extension of the Contract the Application for Payment and accompanying docu- Times, or both, directly attributable to any such mentation, the amount recommended by Engineer, less suspension if Contractor makes a Claim therefor as any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. E.1 recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to 15.02 Owner May Terminate for Cause Contractor. A. The occurrence of any one or more of the 14.08 Final Completion Delayed following events will justify termination for cause: [1 A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and if Work in accordance with the Contract Documents Engineer so confirms, Owner shall, upon receipt of (including, but not limited to, failure to supply sufficient Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time 1 payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer;or ,I fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such 4. Contractor's violation in any substantial way payment. Such payment shall be made under the terms of any provisions of the Contract Documents. and conditions governing fmal payment, except that it shall not constitute a waiver of Claims. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving 14.09 Waiver of Claims Contractor (and surety ) seven days written notice of its A. The making and acceptance of final payment intent to terminate the services of Contractor: will constitute: EJCDC C-700 Standard General Conditions of the Construction Contract. _i Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-38 k 5 i.J 1. exclude Contractor from the Site, and take 1. completed and acceptable Work executed in possession of the Work and of all Contractor's tools, accordance with the Contract Documents prior to the appliances, construction equipment, and machinery at the effective date of termination, including fair and 1.4 Site, and use the same to the full extent they could be reasonable sums for overhead and profit on such Work; used by Contractor (without liability to Contractor for trespass or conversion), 2. expenses sustained prior to the effective date of termination in performing services and furnishing 2. incorporate in the Work all materials and labor, materials, or equipment as required by the Contract equipment stored at the Site or for which Owner has paid Documents in connection with uncompleted Work, plus Contractor but which are stored elsewhere,and fair and reasonable sums for overhead and profit on such expenses; 3. complete the Work as Owner may deem expedient. 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of C. If Owner proceeds as provided in Paragraph engineers, architects, attorneys, and other professionals I 5.02.B, Contractor shall not be entitled to receive any and all court or arbitration or other dispute resolution further payment until the Work is completed. If the costs) incurred in settlement of terminated contracts with unpaid balance of the Contract Price exceeds all claims, Subcontractors,Suppliers, and others;and costs,losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and 4. reasonable expenses directly attributable to other professionals and all court or arbitration or other termination. dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be B.Contractor shall not be paid on account of loss paid to Contractor. If such claims, costs, losses, and of anticipated profits or revenue or other economic loss damages exceed such unpaid balance, Contractor shall arising out of or resulting from such termination. pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by 15.04 Contractor May Stop Work or Terminate Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. A. If, through no act or fault of Contractor, (i) When exercising any rights or remedies under this the Work is suspended for more than 90 consecutive days Paragraph Owner shall not be required to obtain the by Owner or under an order of court or other public Iowest price for the Work performed. authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) D. Notwithstanding Paragraphs 15.02.B and Owner fails for 30 days to pay Contractor any sum finally I 5.02.C, Contractor's services will not be terminated if determined to be due, then Contractor may, upon seven Contractor begins within seven days of receipt of notice days written notice to Owner and Engineer, and provided of intent to terminate to correct its failure to perform and Owner or Engineer do not remedy such suspension or proceeds diligently to cure such failure within no more failure within that time, terminate the Contract and than 30 days of receipt of said notice. recover from Owner payment on the same terms as provided in Paragraph 15.03. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any B. In lieu of terminating the Contract and rights or remedies of Owner against Contractor then without prejudice to any other right or remedy, if existing or which may thereafter accrue. Any retention or Engineer has failed to act on an Application for Payment payment of moneys due Contractor by Owner will not within 30 days after it is submitted, or Owner has failed release Contractor from liability. for 30 days to pay Contractor any sum finally determined to be due, Contractor may,seven days after written notice F. If and to the extent that Contractor has to Owner and Engineer, stop the Work until payment is provided a performance bond under the provisions of made of all such amounts due Contractor, including Paragraph 5.01.A,the termination procedures of that bond interest thereon. The provisions of this Paragraph 15.04 shall supersede the provisions of Paragraphs 15.02.B, and are not intended to preclude Contractor from making a 15.02.C. Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for 15.03 Owner May Terminate For Convenience expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. A. Upon seven days written notice to Contractor 1 and Engineer, Owner may, without cause and without �p prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be 4' paid for(without duplication of any items): 1 EJCDC C-700 Standard General Conditions of the Construction Contract. f- Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 t. ARTICLE 16 - DISPUTE RESOLUTION 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for i whom it is intended, or 16.01 Methods and Procedures 2. delivered at or sent by registered or certified r A. Either Owner or Contractor may request mail, postage prepaid, to the last business address known mediation of any Claim submitted to Engineer for a to the giver of the notice. decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be 17.02 Computation of Times governed by the Construction Industry Mediation Rules A. of the American Arbitration Association in effect as of the A. When any period of time is referred to in the Effective Date of the Agreement. The request for Contract Documents by days, it will be computed to r- ; mediation shall be submitted in writing to the American exclude the first and include the last day of such period. If Arbitration Association and the other party to the the last day of any such period falls on a Saturday or L Contract. Timely submission of the request shall stay the Sunday or on a day made a legal holiday by the law of the effect of Paragraph 10.05.E. applicable jurisdiction, such day will be omitted from the L,E computation. .....i B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be 17.03 Cumulative Remedies concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined A. The duties and obligations imposed by these by application of the mediation rules referenced above. General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are [1 C. If the Claim is not resolved by mediation, not to be construed in any way as a limitation of, any Engineer's action under Paragraph 10.05.0 or a denial rights and remedies available to any or all of them which i are otherwise imposed or available byLaws or Re ula- pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become P g �,, final and binding 30 days after termination of the tions, by special warranty or guarantee, or by other mediation unless, within that time period, Owner or provisions of the Contract Documents. The provisions of it Contractor: this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with r( 1. elects in writing to invoke any dispute each particular duty, obligation, right, and remedy to resolution process provided for in the Supplementary which they apply. .� Conditions, or 17.04 Survival of Obligations ' 1 2. agrees with the other party to submit the f Claim to another dispute resolution process,or A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in •:,,-.1 3. gives written notice to the other party of their accordance with the Contract Documents, as well as all intent to submit the Claim to a court of competent continuing obligations indicated in the Contract Docu- jurisdiction_ ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. ARTICLE 17 - MISCELLANEOUS 17.05 Controlling Law 17.01 Giving Notice A. This Contract is to be governed by the law of the state in which the Project is located. A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be 17.06 Headings _a deemed to have been validly given if: A. Article and paragraph headings are inserted l for convenience only and do not constitute parts of these General Conditions. l f 3 , S f EJCDC C-700 Standard General Conditions of the Construction Contract. t Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. # 00700-40 f SUPPLEMENTARY GENERAL CONDITIONS These Supplementary General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.)and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. Defined Terms t SGC-1.01. Delete the definition of "Resident Project Representative" (No. 37) and replace with the r following: I Resident Project Representative - The authorized representative of the ENGINEER or f" OWNER, as provided in paragraph 9.03, who is assigned the task of observing the performance of the work on a daily basis. Copies of Documents [1 SGC-2.02. Delete paragraph 2.02 of the General Conditions in its entirety and insert the i following in its place: a 2.02. Five (5) sets of plans and specifications shall be furnished to the CONTRACTOR, at no charge, for construction purposes. Additional copies may be obtained at the cost of reproduction upon request by the CONTRACTOR. Preconstruction Conference SGC-2.06. Modify the first sentence of paragraph A as follows: j "On or before the date of the Notice To Proceed, a conference attended by..." Availability of Lands L.l SGC-4.01. Add the following to paragraph 4.01: D. It shall be the responsibility of the CONTRACTOR, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area prior to the initiation of the work. { Reference Points SGC-4.05. Add the following language at the end of the third sentence of paragraph 4.05 of the i General Conditions: 1. The furnishing of reference points and elevations does not relieve the CONTRACTOR of the responsibility of checking to insure that the new improvements are constructed to the lines and r t grades shown on the plans. SGC-1 f ✓ Contractor's Liability Insurance SGC-5.04.1. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the specified amounts or greater where required by Laws and Regulations as shown in the NCTCOG "Standard Specifications for • ' Public Works Construction" in Section I, Division 100, Item 103.4. SGC-5.04.2. The Contractual Liability required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the specified amounts shown in the NCTCOG "Standard Specifications for Public Works Construction "in Section I, Division 100, Item 103.4.3. r Owner's Liability Insurance Y ± SGC-5.05. Delete paragraph 5.05 in its entirety and replace with the following: Item 103.4.2. Owner's Protective Liability Insurance of Division 1, Part I, of the NCTCOG Li Standard Specifications for Public Works Construction. The complete paragraph as written shall be included. Concerning Subcontractor, Suppliers and Others , a SGC-6.06 Insert paragraph "H": H. The CONTRACTOR shall submit a list of all Subcontractors, Suppliers or other persons or organizations to the OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER. ( a Taxes i SGC —6.10. Add the following paragraph to item 6.10. The CONTRACTOR'S attention is directed to TAC Title 34, Part 1, Chapter 3, Subchapter [I 0, issued by the Comptroller of Public Accounts. Reference: Rule §3.291 Contractors: Bidders who desire to be exempt from the sales tax must comply with the applicable State L. laws by obtaining the necessary copies of exemption certificates (or other acceptable documentation of tax exemption) from the State Comptroller allowing the purchase of materials for incorporation in this project without having to pay the Limited Sales, Excise, and Use Tax at the time of purchase. Such bidders must account for and segregate prices for the total cost of materials (incorporated into the work) and total cost of services. Total materials costs should not include materials which are used or consumed in performing the 1 work. Shop Drawings and Samples t,I SGC-6.17. Add the following paragraph to item 6.17.F: 2. Any and all costs, direct or indirect, incurred by the OWNER in reviewing Shop Drawings and Samples in excess of two (2) times will be charged to the contractor and deducted from the total price for the work. SGC-2 Project Representation SGC-9.03. The duties, responsibilities and limitations of authority of the Project Representative will be as provided in Attachment I, following the Supplementary General Conditions. Tests and Inspections SGC-13.03. Add the following to paragraph 13.03 of the General Conditions 4. Repeat tests required due to failure of initial test, as stipulated in the NCTCOG Item 106.5 (Samples and Tests of Materials) One Year Correction Period SGC-13.07. Amend the first sentence of paragraph 13.07 of the General Conditions by striking the words "one year" and inserting with "two years" and striking "Substantial Completion" and inserting with "Final Acceptance by Owner" and as so amended Paragraph 13.07A remains in affect. "Final Acceptance by Owner" being the date of acceptance by the governing body of the Owner. Additional Special Requirements SGC-17.07. Add immediately after paragraph 17.06 of the General Conditions which are to read as follows: 17.07. The following special requirements are incorporated herewith: 1. Coordination with Others In the event other contractors are doing work in the same area simultaneously with this project, the CONTRACTOR shall coordinate his proposed construction with that of the other contractors. The CONTRACTOR shall coordinate all work with the OWNER'S operations personnel to prevent prolonged interruption of service of any portion of the plant facilities. E kl 2. Project Maintenance The CONTRACTOR shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of his contract. 3. Safety In accordance with generally accepted construction practices, the CONTRACTOR will I be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. The duty of the ENGINEER to conduct construction review of the CONTRACTOR'S performance is not intended to include review of the adequacy of the CONTRACTOR'S safety measures, in, on, or near the construction site. 4. Protection of Improvements r , The CONTRACTOR shall be entirely responsible for the protection of all improvements that are not designed by the ENGINEER to be removed for proper construction of this SGC-3 project; this shall include sidewalks, retaining walls, existing inlets, and manholes, underground utilities, shrubs, trees, signs, sod, and existing pavement. 5. Salvaged Materials [: All materials removed in the construction of this project, and designated on the plans, or by the ENGINEER, as salvaged materials shall be removed, cleaned, and stored as directed by the ENGINEER. Salvaged materials shall be the property of the OWNER. 6. Cleanup During construction, the CONTRACTOR shall, at all times, keep the site of the work and adjacent premises free from materials, debris, and rubbish as is practicable and shall remove same from any portion on the site, if, in the opinion of the ENGINEER, such materials, debris, or rubbish constitutes a nuisance or is objectionable. The CONTRACTOR shall remove from the site all the surplus materials and temporary structures when no further need therefore develops. At the conclusion of the work, all temporary structures and materials belonging to the 1 CONTRACTOR shall be promptly removed and all dirt, rubbish, and other foreign substances shall be disposed of. [1 The CONTRACTOR shall thoroughly clean all equipment and, materials installed by him and shall deliver over such materials and equipment undamaged in a bright, clean, C l polished and new appearing condition. 7. Public Utilities and Other Property to be Changed In case it is necessary to change or move the property of any public utility, such property shall not be moved or interfered with until ordered to do so by the ENGINEER. [.1 The right is reserved to the OWNER of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this Contract. 8. Fences and Drainage Channels Boundary fences or other improvements removed to permit the prosecution of the work shall be replaced in the same location and left in a condition as good or better than that in which they were found. Where surface drainage channels are disturbed or blocked during construction, they shall be restored to their original condition or grade and cross section after work of construction is completed. 9. Quantities in Proposal Form l Measurement and Payment. Payment will be made only for Bid Items listed in the Proposal. 10. Removing Existing Concrete Pavement, Driveways, and Sidewalks Existing concrete pavement, driveways or sidewalks to be completely removed shall be broken by air driven machinery or other suitable means. Where only a portion of the existing concrete is to be removed, special care shall be exercised to avoid damage to that portion of the concrete to remain in place. The existing concrete shall be cut by [1 sawing to the lines shown on the plans or established by the ENGINEER, and any existing concrete beyond the neat lines so established when damaged or destroyed by these operations shall be replaced at the CONTRACTOR'S entire expense. ., 11. Traffic Safety All barricades, warning signs, lights, devices, etc., for the guidance and protection of r traffic and pedestrians must conform to the installation shown, in the 1980 Texas r SGC-4 r Manual of Uniform Traffic Control Devices, as currently amended, Texas Department of I , Transportation. Construction in Public Roadways and Private Driveways [:' SGC-1 7.08. Add the following w g immediately after paragraph 17.07 of the General Conditions: 17.08.1. No public road shall be entirely closed overnight. It shall be the responsibility of the ' CONTRACTOR to build and maintain all-weather by-passes and detours, if necessary, and to properly light, barricade, and mark all by-passes and detours that might be required on or f across the road involved in the work included in this contract. 17.08.2. The CONTRACTOR shall make every effort to complete construction and allow immediate access to adjacent property at all driveway entrances located along the roads. i_1 OWNER's or tenants of improvements where access and/or entrance drives are located shall be notified at least eight (8) hours prior to the time the construction will be started at their drive- iT] ns or entrances and informed as to the length of time driveways will be closed, which period shall not exceed six (6) hours. 17.08.3. The CONTRACTOR shall be responsible for all road and entrance reconstruction, and repairs and maintenance of same, for a period of two (2) years from the date of acceptance. In the event the repairs and maintenance are not made immediately to the -y satisfaction of the ENGINEER, and it becomes necessary for the OWNER to make such repairs, the CONTRACTOR shall reimburse the OWNER for the cost of such repairs. 17.08.4. The CONTRACTOR shall, at all times, keep a sufficient width of the roadway clear of dirt and other material to allow the free flow of traffic. The CONTRACTOR shall assume any and all responsibility for damage, personal or otherwise, that may be caused by the t construction along public roadways or private driveways. 17.08.5. Existing gravel driveways adjacent to the new construction shall be graded and the necessary gravel replaced to provide the property owners adequate access across the new construction. Compensation for adjusting and grading existing gravel or earth driveways shall c.1 be per the unit bid price for the applicable item listed in the Proposal. r Barricades, Lights and Watchmen SGC-17.09. Add the following immediately after paragraph 17.08 of the General Conditions: 11 f 17.09.1. Where the work is carried on in or adjacent to any street, alley or public place, the CONTRACTOR shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the work as necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise the CONTRACTOR shall furnish and maintain at least one light at each barricade and a sufficient r number of barricades shall be erected to keep vehicles from being driven on or into any work Li under construction. The CONTRACTOR shall furnish watchmen in sufficient numbers to protect the work. r t _? 17.09.2. The CONTRACTOR will be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence is found of such damage, the ENGINEER may order the damaged portion immediately removed and ' replaced by the CONTRACTOR at his cost and expense. The CONTRACTOR'S responsibility SGC-5 for the maintenance of barricades, signs, lights, and for providing watchmen shall not cease , until the project shall have been accepted by the OWNER. , 17.09.3. The CONTRACTOR shall use only battery powered lights, enclosed lanterns or t : other lights satisfactory to the ENGINEER. Smudge Pots or other lights which have an open flame will not be permitted. 17.9.04 The CONTRACTOR will be required to furnish all barricades, lights, signs, and flagmen where it becomes necessary to reroute traffic during the time construction is in progress in the City streets or highways. The detour will be determined by the ENGINEERS and approved by the OWNER and the Texas Department of Highways and Public Transportation. r Poles, Signs,Guy Wires, Etc. SGC-17.10. NOT USED 1 Existing Utilities and Service Lines SGC-17.11. Add the following immediately after paragraph 17.10 of the General Conditions: 1.1 17.11.1. The CONTRACTOR shall be responsible for the protection of all existing utilities or service lines crossed or exposed by his construction operations. Where existing utilities or service lines are cut, broken, or damaged, the CONTRACTOR shall replace or repair the utilities or service lines with the same type of original material and construction, or better, at his own cost and expense. 17.11.2. CONTRACTOR shall maintain water and sewer service to existing customers. CONTRACTOR shall notify all residents and customers in writing at least 24 hours prior to any El service outage. Unless emergency conditions warrant otherwise, serviced outages to be restricted to a maximum duration of four(4) hours scheduled within Regular Working Hours. Regular Working Hours [1 SGC-17.12. Add the following immediately after paragraph 17.11 of the General Conditions: 17.12. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours (7:00 a.m. — 5:00 p.m., Monday through Saturday) and CONTRACTOR will not permit overtime work or the performance of Work on Sunday or any legal holiday without the OWNER's written consent given after prior written notice to the ENGINEER. i Video of Existing Conditions SGC-17.13. Add the following immediately after paragraph 17.13 of the General Conditions: 17.13 Prior to the Notice to Proceed, CONTRACTOR to video the entire project site, and deliver to OWNER and ENGINEER copies of same on disc in standard DVD format. Video to include visual identification and reference to each segment of project, with "on-the-ground" coverage of the entire route of each segment. SGC-6 Wage Decision and HUD Requirements SGC-17.14. Add the following immediately after paragraph 17.13 of the General Conditions: 17.14 Attached hereto are "SPECIAL PROVISIONS TO THE GOVERNING SPECIFICATIONS—WAGE DECISIONS AND HUD REQUIREMENTS". These provisions will supersede, where applicable, any related requirements contained in the General Conditions or Supplementary Conditions. I r:i tri a 4 1 Li ff1 r SGC-7 Attachment I A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE EMPLOYED { BY THE OWNER OWNER shall furnish a Resident Project Representative (RPR), assistants and other field staff to i ` assist OWNER and ENGINEER in observing performance of the Work of the Contractor. f Through more extensive on-site observations of the Work in progress and field checks of materials i i and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, Li methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract 1 Documents. LI The duties and responsibilities of the RPR are limited to and described as follows: A. General t RPR is OWNER'S agent at the site, will act as directed by and under the supervision of the OWNER, and will confer with OWNER regarding RPR'S actions. RPR'S dealings in matters pertaining to the on-site work shall in general be with OWNER, ENGINEER, and CONTRACTOR. RPR'S dealings with subcontractors shall only be through or with the full i knowledge and approval of CONTRACTOR. RPR shall generally communicate with ENGINEER with the knowledge of and under the direction of OWNER. I B. Duties and Responsibilities 1. R tred , hf Sp amtt I` scheduleSchedules:of values eview preparedhep ogress by CONTRACTORsch ulesc andedule consultoShop with Dr ENGINEER wingsub conceials rningand acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as pre- construction conferences, progress meetings, job conferences, and other project-related meetings, and prepare and circulate copies of minutes thereof. L' 3. Liaison: a) Serves as OWNER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract '..d Documents; and serve as OWNER'S liaison with ENGINEER when necessary. b) Assist in obtaining from OWNER or ENGINEER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a) Record date of receipt of Shop Drawings and samples. SGC-8 b) Receive samples, which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a) Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER and OWNER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract documents, or ri has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance 1 training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record, and report to ENGINEER and OWNER appropriate details relative to the test procedures and r,r, startups. d) Accompany visitors representing public or other agencies having jurisdiction over the r Project, record the results of these visits and report to ENGINEER and OWNER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR'S recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract. ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of'Work Directive Changes, Change Orders, Field Orders, or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. SGC-9 9. Reports: a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b) Consult with ENGINEER and OWNER in advance of scheduled major tests, inspections, or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not [I incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: Duringthe course of the Work, verify that certificates, maintenance and operation manuals and other data required to be if assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: ? a) Before ENGINEER issues a Certificate of Substantial Completion, submit to I CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority [I Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER or OWNER. 2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or l CONTRACTOR'S superintendent. 1 3. Shall not advise on, issue directions relative to or assume control over any aspect of the L means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. f SGC-10 4. Shall not assume control over safety precautions and programs in connection with the • Work, however, if an unsafe act is observed, he may casually relate such act to the CONTRACTOR. r E ' 5. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 6. Shall not have authority to issue Final Acceptance the Project in whole or in part. k. 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER or OWNER. [; 1 0 t-Y 1.1 U 11 L j a i E I r ' I t SGC-11 STANDARD SPECIFICATIONS The City of Wylie Texas has adopted the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction, fourth edition dated 2002 (October 2004). The NCTCOG Specifications apply to this project. Bidders are specifically directed to become thoroughly familiar with the NCTCOG Specifications y}p prior to submitting a bid. The Specifications may be purchased from: t'A North Central Texas Council of Governments [1 616 Six Flags Drive P.O. Drawer 5888 Arlington,Texas 76005-5888 817/640-3300 Unless otherwise specifically noted on the plans, or in these specifications, all applicable sections of the NCTCOG Standard Specifications are in effect. ni fi El I. 1 wd ai SPECIAL CONDITIONS GENERAL The following Special Conditions modify (change, delete, add to) the North Central Texas Council of Governments Standard Specifications for Public Works Construction (referred to as "NCTCOG tF.i Specifications"). l .F In case of conflict between contract documents, the priority of interpretation shall be per ITEM 105.1.1. PRIORITY OF CONTRACT DOCUMENTS. r I' The changes are itemized by NCTCOG Specification Item Number, as listed below: 101.1 DEFINITIONS t1 Add the following paragraph under "Engineer": �pI .:� 'The word "ENGINEER" in these Specifications shall be understood as referring to TRC Engineers, Inc., 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231, ENGINEER of the OWNER, or such other ENGINEER, Supervisor or Construction Observer as may be authorized by said Owner to act in any particular position.' r 102.2 QUANTITIES IN PROPOSAL FORM Add the following paragraph: {{t I 'Measurement and Payment. Payment will be made only for Bid Items listed in the Proposal. All other work not specifically listed will be considered incidental to the items included in the I'3 Proposal. In case of conflict between "Measurement and Payment" sections of various NCTCOG ISpecifications Items and the Proposal, the Proposal will control. 102.9 CONSIDERATION OF PROPOSAL Add the following at the end of the Item: i 'The low bidder may be required to submit the following qualification information to the ENGINEER. I1. A list of other similar projects completed and the approximate cost, for each. 2. A list of the projects presently under construction, the percentage complete, and the estimated project cost. 3. A list of the equipment that will be available for constructing this project. 4. The name(s) of the superintendent(s) that will be on this project and their experience in this type work. 5. The approximate number of personnel (laborers, concrete finishers, etc.) that will be on this project. 6. The list of subcontractors (if any)proposed for this project. 7. A financial statement. This will be kept confidential and will be returned promptly after review. SC-I 8. The name, address, telephone number, and representatives of the company which would furnish [ the performance and payment bonds and the insurance on this project. 9. A preliminary schedule of the anticipated progress of construction. 10. A list of the major equipment suppliers which will be furnishing the materials for this project.' 103.2 AWARD OF CONTRACT Add the following at the end of the Item: 'Subsequent to award andprior to anyconstruction, a Pre-Construction Conference will be held q between the OWNER, ENGINEER, and CONTRACTOR. The CONTRACTOR shall prepare and present to the OWNER at the Pre-Construction Conference, a tentative schedule of the sequence in which the work will be performed. The agenda for the Pre-Construction Conference will include,but may not be limited to, the following topics of discussion. 1. Date of beginning actual construction. 2. Priorities of work, construction staking. 3. Equipment and material deliveries. 4. Procedures in construction. 5. Personnel on site. 6. Coordination with OWNER, local, state, federal, and other agencies. 7. Questions in plans and specifications. 8. Alternate equipment and materials. 9. Revisions to project, change orders. 10. Clean-up and maintenance following construction. 11. Shop drawing submittals. 12. Inspection and daily construction reports. 13. Monthly progress estimates. 14. Communication. r 15. R.O.W., easements,permits, etc. 16. Other. The above information, as provided by the CONTRACTOR, will be used as a guide in evaluating a program in which other construction work for the OWNER may be scheduled in a practical manner. Also, the information may be given to those concerned with emergency equipment (fire-fighting equipment, police, ambulance, etc.) in the area so that they may be rerouted to their respective destinations without needless delay.' 103.4 INSURANCE Contractor shall provide umbrella liability insurance as stipulated in paragraph 103.4.3. 105.1.1. PRIORITY OF CONTRACT DOCUMENTS Revise to read as follows: In case of conflict between contract documents,priority of interpretation shall be in the following order: signed agreement (or contract), general conditions, performance and payment bonds, proposal, special provisions (or conditions), advertisement for bids (or invitation to bidders, or request for SC-2 .1t proposals), project (or contract) drawings, these Standard Specifications for Public Works Construction— North Central Texas, standard drawings,referenced specifications. 105.1.3. CONTRACT DRAWINGS AND SPECIFICATIONS } Replace the first sentence with the following: l 'The OWNER shall furnish the CONTRACTOR, without charge, five (5) copies of the contract and any supplemental drawings and specifications, of which two (2) copies will be fully executed contract documents. If drawings have been photographically reduced, two (2) full-size sets will be provided without charge; excess quantities will be provided at the cost of reproduction. Extra sets of contract documents and half-size plans will be furnished without charge if available after the bidding process. At least one...'. 105.3 SHOP DRAWINGS PRODUCT DATA AND SAMPLES End of third paragraph, insert the following: '...specific deviation. Throughout this section, the term "Engineer's approval" shall refer to a review by the Engineer. Acceptable submittals shall be stamped "No Exceptions Taken", "Make Fl Corrections Noted", or"Revise and Resubmit". 105.4 CONSTRUCTION STAKES Delete the first sentence of the first paragraph and replace with the following: The CONTRACTOR will furnish the construction stakes necessary for the construction of the improvements. 105.5 MEANS AND METHODS OF CONSTRUCTION Add the following paragraph: 7:0 'The CONTRACTOR will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. The duty of the ENGINEER to conduct construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's safety measures, in, on, or near the construction site.' 107.5 NO WAIVER OF LEGAL RIGHTS k First Sentence,revise: "Inspection..." to: "Review or observation..." �1 107.18 PUBLIC CONVENIENCE AND SAFETY Third paragraph, insert the following after the first sentence: '... such right-of-way. The OWNER will acquire temporary construction easements in conjunction with permanent easements only as shown on the Plans. Where the work is in public SC-3 right-of-way and the CONTRACTOR is not able to confine his operations to same, CONTRACTOR shall, at his expense, arrange for temporary easements(s) from the adjoining i property owner. The CONTRACTOR shall notify...' 203.5.7.1 BLASTING Delete this Section in its entirety and replace with the following: 'Use of explosives shall not be allowed.' 502.8 POLYETHYLENE WRAP FOR METAL PIPE AND FITTINGS First sentence, revise: '... other metals in a corrosive soil environment.' to: '... other metals on underground installations.' 504.2.2.1 CRUSHED STONE EMBEDMENT Add the following sentence to the end of the first paragraph: '... the Los Angeles Machine. Provide Standard Crushed Stone-Aggregate Grade 4 for all pipe embedment, unless noted otherwise.' 504.4.2.1 WATER FOR CONSTRUCTION Delete the first sentence and replace with the following: 'All construction water shall be furnished by the OWNER free from the nearest convenient City main. If City water is unavailable, Contractor shall be responsible for purchasing water from a local supplier or another city. The Contractor shall make...' Delete the sentence, 'Water shall... ...testing.', as it would be redundant with the above. 504.7 MEASUREMENT AND PAYMENT OF BACKFILL Fourth line, delete: '...taking density samples and restoring the trench afterwards...' [11 rl t • SC-4 SECTION 01750 STORM WATER POLLUTION PREVENTION PLAN ' PART 1 GENERAL 1.01 DESCRIPTION This item shall govern the control measures necessary to prevent and control soil erosion, sedimentation, I' and water pollution, which may degrade receiving waters including rivers, streams, lakes, reservoirs, I groundwater, and wetlands. The control measures contained herein shall be installed and maintained throughout the construction contract and coordinated with any permanent or temporary pollution control features specified elsewhere on the plans and in the specifications to assure effective and continuous water pollution control throughout the construction and post construction periods. The controls may j include slit fences, straw bale dikes, rock berms, diversion dikes, interceptor swales, sediment traps and basins, inlet protection, stabilized construction entrances, seeding, sodding, mulching, soil retention x=i blankets, or other structural or non-structural storm water pollution controls. 1.02 REGULATORY REQUIREMENTS The United States Environmental Protection Agency requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared. This plan shall show proposed measures to control pollutants in storm water discharges during and after construction operations. A Notice of Intent (NOI) Form (see attached NPDES Form) shall be completed and signed by the Contractor and the Owner. This Notice of Intent must be submitted by the Contractor two days before start of construction. Submit the NOI to the following address: Storm Water Notice of Intent 401 M. Street, SW Washington, D.C. 20460 The SWPPP is not to be submitted for EPA review, however the SWPPP shall be kept at the job site for assessment by EPA inspectors. 1.03 PRECONSTRUCTION SUBMITTALS Prior to the start of construction, the CONTRACTOR shall submit to the OWNER'S representative, for acceptance, schedules for accomplishment of the storm water pollution control measures. Work on the project shall not begin until the schedules for implementation of the controls and methods of operations have been reviewed and accepted, in writing, by the OWNER'S representative. The CONTRACTOR shall provide the OWNER'S representative for information purposes, proposed methods of storm water g j pollution control for CONTRACTOR operations in areas that are outside the right of way (such as t construction and haul roads, field offices, equipment and supply storage areas, portable process plants, and source material storage)as well as a plan for disposal of waste materials. pi PART 2 PRODUCTS 1:.. CONTRACTOR to provide hay bales, side fences, plastic liners, and temporary seeding materials of the size, type, and quality necessary to implement the required pollution control measures. 01750-1 4 ' PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS (a) The CONTRACTOR shall provide control measures to prevent or minimize the impact to L ` receiving waters as required Federal, State or local regulations and/or as directed by the OWNER'S representative in writing. (b) In any disturbed area where construction activities have ceased, permanently or temporarily, the CONTRACTOR shall initiate stabilization of the area by the use of r ! seeding, mulching, soil retention blankets or other appropriate measures within 14 days, except in areas where construction activities are scheduled to resume within 21 days. (c) The CONTRACTOR shall effectively prevent and control erosion and sedimentation on I the site at the earliest practicable time as outlined in the approved schedule. Control [ measures, where applicable, will be implemented prior to the commencement of each construction operation or immediately after the area has been disturbed. [1 (d) The CONTRACTOR shall limit the amount of disturbed earth to the area(s) shown on the plans or as directed by the OWNER'S representative. The OWNERS representative has the authority to limit the disturbed surface area exposed by construction operations. If, in r i the opinion of the OWNER'S representative, the CONTRACTOR is not able to effectively control soil erosion and sedimentation resulting from construction operations, the OWNER'S representative will limit the amount of disturbed area to that which the CONTRACTOR is able to control. (e) Should the control measures fail to function effectively, the CONTRACTOR shall act . immediately to bring the erosion and sedimentation under control by maintaining existing 1 controls or by providing additional controls as directed by the OWNER'S representative. When, in the opinion of the OWNER'S representative, the site is adequately stabilized, the control measures, except mulches and soil retention blankets, will be removed and properly disposed of by the CONTRACTOR. Soil retention blankets shall be removed only when, in the opinion of the OWNER'S representative, final permanent perennial seeding would be adversely affected by the presence of an existing soil retention blanket. (f) All erosion, sediment, and water pollution controls will be maintained in good working order. A rain gauge provided by the CONTRACTOR will be located at the project site. Within 24 hours of a rainfall event of 0.5 inch or more as measured by the project rain gauge, the CONTRACTOR and OWNER'S representative will inspect the entire project to determine the condition of the control measures. Sediment will be removed and devices repaired as soon as practicable but no later than seven days after the surrounding exposed ground has dried sufficiently to prevent further damage from equipment operations needed for repairs. [1 In the event of continuous rainfall over a 24-hour period, or other circumstances that (g) preclude equipment operation in the area, the CONTRACTOR will install additional 1 backup devices, as determined by the OWNER'S representative, by other appropriate L. methods. The CONTRACTOR will remove slit accumulations and deposit the spoils in an area approved by the OWNER'S representative as soon as practical. Any corrective action will for the control measures will be accomplished by the sequence directed by the OWNER'S representative, however, areas adjacent to receiving waters shall generally have priority followed by devices protecting storm sewer inlets. Li . F 01750-2 (h) The CONTRACTOR shall also conform to the following practices and controls. All labor, z. , tools, equipment, and incidentals to complete the following work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (1) Disposal areas, stockpiles, and haul roads shall be constructed in a manner that will 1 minimize and control the amount of sediment that may enter receiving waters. Disposal areas shall not be located in any floodplain or receiving waters. Construction roads may not be located in or cross any receiving waters without prior r , approval of the OWNER'S representative and shall be done in compliance with r 1 applicable rules and regulations. (2) Construction operations in receiving waters shall be restricted to those areas where it t is necessary to perform the work shown on the plans. Wherever streams are [ ,I i crossed, temporary bridges, timber mats, or other structures shall be used. i (3) Protected storage for paints, chemicals, solvents, fertilizers, and other potentially toxic materials will be provided by the CONTRACTOR at a location approved by the OWNER'S representative. LI (4) Construction staging areas and vehicle maintenance areas shall be constructed by the CONTRACTOR in a manner to minimize the runoff of pollutants at a location approved by the OWNER'S representative. The CONTRACTOR shall prevent r 1 pollution of receiving waters with petroleum products or other hazardous or regulated substances. When work areas or material sources are located adjacent to a receiving water, control measures such as diversion dikes or rock berms, shall be used to keep sediment and other contaminants from entering the adjacent receiving l water. Care shall be taken during the construction and removal of such barriers to Li minimize down-tradient sedimentation. t (5) All receiving waters shall be cleared as soon as practicable of temporary LI embankment, temporary bridges, matting, falsework, piling, debris, or other obstructions placed during construction operations that are not a part of the finished work. 1 (6) Disturbance of vegetation shall be minimized and limited to only what is shown on the construction plans or as directed by the OWNER'S representative in writing. 1 (7) The CONTRACTOR shall clean paved surfaces, as necessary, to remove sediment that has accumulated on the roadway. 11 (i) The project will not be accepted until the CONTRACTOR has cleaned-up disturbed areas I :.. to the satisfaction of the OWNER'S representative. The project will also not be accepted until the CONTRACTOR provides a uniform perennial vegetative cover with a density of 70 percent of adjacent undisturbed areas, or, if in the opinion of the OWNER'S representative, permanent measures (such as mulching with seed, straw bale dikes, slit -'} fences, earth dams, etc.) have been employed that will control erosion, sedimentation, and water pollution until sufficient vegetative cover can be established. , i I PART 4 MEASUREMENT AND PAYMENT r..i Unless specific bid item(s) are shown in the Bid Proposal Form, there will be no separate payment for work described under this section. Include the cost of this work in other applicable bid item(s) of which this work is a component part. END OF SECTION ! 01750-3 Notice of Change (NOC) to an Authorization TCEQ Office Use Only Permit No.: � for Storm Water Discharges Associated with RN: Construction Activity under TPDES General CN: TCEQ Permit (TXR150000) IMPORTANT***** PLEASEREAD THE FOLLOWING INFORMATION AND INSTRUCTIONS BEFORE FILLING OUT THIS FORM. The form will be returned for one of the following reasons: 1)the permit number is not provided,invalid,or no longer active, 1 . 2) a wet ink signature of person meeting signatory requirements for permittee is not provided, 1. 3)the current permittee is not the applicant,and; 4 4)a requested change in operator name is not a legal name change. THIS FORM CANNOT BE USED FOR A CHANGE IN OPERATOR. REFER TO YOUR GENERAL PERMIT. What is the Permit Number of the authorization to be changed? TXR15 if A..,.APPI ICANT.INFORMATION: ., Search:Central Regista y at:w w4. ea.s(ate t c s/emgb . , 1.Operator(Permittee) a. What is the full Legal Name of the current Operator as on the authorization? b. What is the TCEQ Central Registry Customer Number assigned to this Operator? CN r l 2.Permitted Site(required) What is the TCEQ Central Registry Regulated Entity Number assigned for this permitted site? RN B :,RF.C, t31+ `ED.CHANGE O PE'RMITTED,INFORM A 'IO r .. r U, What information has changed or needs corrected? (Check one or more of the sections being updated and enter the new information in the corresponding section of this form.) UOperator Legal Name Change with Texas Secretary of State(TX SOS). Go to Section 1 &/or 2 as applicable. (Note: Permits are not transferable. If a change in entity has occurred,this NOC is not attainable.) E3Address and contact information for Operator,Billing for Annual Fee,or Discharge Monitoring Report forms. Site Information(Regulated Entity) (Note: Permits under a general permit are site specific. If a change in site location has occurred,this NOC is not attainable.) ® General Characteristics relating to the regulated activity. 1. OPERATOR LEGAL NAME CHANGE a. What is the NEW active Legal Name with TX SOS or on other legal document? New Legal Name: b. What is the TX SOS Filing Number for us to confirm this official name change? (This is'only applicable to Limited Partnership or Corporations.) 2. ADDRESS&CONTACT INFORMATION CHANGE fa. What mailing address and/or contact information has changed? (check one or more as applicable) C Operator for permit correspondence 0 Site(RE)Mailing Address and contact information t Billing address/contact for Receiving Annual Fee ❑ Reporting address/contact for Receiving Discharge Monitoring — Statement Reports(DMRs) b. If you selected more than one,is the information to be updated the same for each selection? 0 Yes—Provide the updated information in the fields below. E ❑No— Attachment 1 of the NOC is attached to this form,to provide the different addresses. ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: s"-R City: State: Zip Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: TCEQ-20 t91 (07/I3/2007) Page 1 r 3. REGULATED ENTITY(RE) SITE INFORMATION CORRECTION a. Is this a change to the location of the permitted activity? ❑Yes- this requested change will not be processed since the authorizations are site specific. No—go to next question. f ' b. New or Corrected Name of Project or Site : c. Updated Physical Address(new 911 address): Street Number: Street Name: Bldg/Ste No. City: ZIP Code: County(Counties if>l): d. Update or Corrected location access description,if no physical address(Street Number&Street Name): I e. Corrected Latitude: N Corrected Longitude: W 4. CHANGE IN CHARACTERISTICS PROVIDED ON ORIGINAL FORM Identify the specific change and provide the updated information. If an attachment is need,please reference it below. 1 1-1C .APPLICAT.>(ON.CQNTACT ..� . If TCEQ needs additional information regarding this application,who should be contacted? 1. Name: Title: Company: 2.Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: i 'A; CERTIFICATIO!t: >, Operator Certification: 1, Typed or printed name(REQUIRED) Title(REQUIRED) F B certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my 1 knowledge and belief,true,accurate,and complete. I am aware there are significant penalties for submitting false information,including the I possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use blue ink) (REQ1,IR1,D) (12EQ11IRl D) [11 H if r Ls TCEQ-20391 (07/13/2007) Page 2 Attachment 1 to a NOC Form for Providing Different Address & Contact Information Related to a Specific Permit under General Permit TXR150000 What is the Permit No.? TXR15 1 (REQUIRED) ADDITIONAL ADDRESS&CONTACT INFORMATION Fill in the changes as applicable. Incomplete and invalid addresses will not be used. Verify mailing addresses at USPS.com. 1 Operator ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: ;.lI City: State: Zip Code: Li Country Mailing Information(if outside USA). Country Code: Postal Codc: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Billing Address for Receiving Annual Fee Statement ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: Zip Code: Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: Site(RE)Mailing Address ATTN or C/O: Address: Suite No./Bldg.No./Mail Code: City: State: Zip Code: E.1 Country Mailing Information(if outside USA). Country Code: Postal Code: Phone No.: ( ) Ext: Fax No.: ( ) E-Mail: T i k T('Q-20391 NOC Attachment 1 (07/13/20071 Page 1 r 1 t ' r i Notice of Change (NOC) to an Authorization for Storm Water Discharges Associated with Construction Activity under TPDES General Permit (TXR150000) f General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Change(NOC): ` BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Storm Water Processing Center (MC228) Storm Water Processing Center (MC228) P.O.Box 13087 12100 Park 35 Circle Austin,TX 78711-3087 Austin,TX 78753 TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700 or email swpemmit@tceq.state.tx.us Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Records Management for obtaining copies of forms submitted to TCEQ: 512/239-0900 Information Services for obtaining reports from program data bases(as available): 512/239-DATA(3282) Financial Administration's Cashier's office: 512/239-0357 or 512/239-0187 Notice of Change Process: When your NOC is received by the program,the form will be processed as follows: ( 1. Administrative Review: The form will be reviewed to ensure the request is from the permittee(operator)on the authorization,the permit is active { and initial coverage was acknowledged. Each item on the form will be reviewed for a complete response that qualifies for a NOC.In addition,the operator's legal name change must be verified with Texas Secretary of State(if applicable). The address(s)on the form must be verified with the US Postal service as an address receiving regular mail delivery.Never give an ovemight/express mailing address. Elf an item is incomplete or not verifiable as indicated above,the operator may be notified by letter,phone call or email. In some instances as noted at the beginning of the form,the request may simply be returned. 2. NOC Confirmation: An updated Acknowledgment Certificate will be mailed to the operator only if the NOC is to change information provided on the acknowledgment certificate. The original coverage effective date will not change. General Permit(Your Permit) You may view and print your general permit on the TCEQ web site www.tceq.state.tx.us. Enter the general permit number as the key word in the search box to locate the specific web page. General Permit Forms The Notice of Intent(NOI),Notice of Termination(NOT),and Notice of Change(NOC)with instructions are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.state.tx.us. Change in Operator Lr. i An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOl must be submitted not later than 10 days prior to the change in Operator status. Note that the NOT is effective on the postmarked date. It may be necessary to not terminate the existing permit until coverage by the new entity is confirmed. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a core data form to TCEQ. You can find the information on the Central Registry web site at www4.tccq.state.tx.us/crpub. You can search by the Regulated Entity(RN),Customer 1 Number(CN)or Name(Permitter),or by your permit number under the search field labeled "Additional ID". The Customer(Permittee)is responsible for providing consistent information to the TCEQ,and for updating all CN and RN data for all associated authorizations as changes occur. For General Permits,a Notice of Change form must be submitted to the program area for approval to update the CN and RN data in central registry. 1I `1 TCEQ-20391 NOC Instruction; (07/13/2007) Page I . INSTRUCTIONS FOR FILLING OUT THE NOC FORM t. A.Applicant Information(Operator) l. Provide the current permittee(s)full legal name as on the permit. b. Provide the TCEQ Issued Customer Number(CN)for the entity. Go to http://www4.tceq.state.tx.usicrpub/to locate your CN. If the name(s)provided do not match the current permittee name(s),this form will be returned. It is the responsibility of the permittee(s)to comply with the general permit. • Note: If a change is being made to the CN and the CN has other TCEQ authorization types,it is the entity's responsibility to update those authorizations at the same time. If an authorization has been cancelled or terminated,the name can not be changed on the permit. Because of this,a new CN may be issued for the new name. 2. Provide the TCEQ Issued Regulated Entity number assigned for this permitted activity. Go to http//www4.tceq.state.tx.usicrpub/to locate your CN. If the site has changed or the information provided indicates a new location,this form will be returned. It is the responsibility of the(permittees)to comply with the general permit. B: REQ[TESTED C 4 GI;TO,t$RM1TTED INFORMATION Check one or more of the available options indicating the information in the form that is to be updated. Provide the updated information in Section 1 for Legal Name Change, Section 2 for Address&Contact Information Change,Section 3 for Regulated Entity Site Information Change,or Section 4 for General Characteristics Change,as applicable. 1.LEGAL NAME CHANGE Provide the new legal name. If the entity is a Limited Partnership or Corporation,the name change must be verifiable with Texas Secretary of State. The TX SOS filing number must be provided to verify only a name change occurred. You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name change. Legal name changes of a Corporation and Limited Partnership will be verified with Texas Secretary of State. If the entity is filed as a new entity with a new filing number,then the change cannot be made through a NOC. The permits are not transferable. If the operator changes,the old entity must L.I terminate their permit and the new entity must submit a form for a new permit. 2.ADDRESS&CONTACT INFORMATION CHANGE Indicate the type of address and contact information that has changed from the original NOI or last NOC submitted to TCEQ. If the address and/or contact information is the same for all types,then check each type and enter the information in the fields on the form. If some types have different information,then use the NOC ATTACHMENT I. The permit number MUST be written on ATTACHMENT I to indicate it is a part of the NOC form for the permit being updated. The updates cannot be made without reference to the submitted NOC form. Mailing Address The address MUST BE verifiable with the US Postal Service at www.usps.com.,for regular mail delivery(not overnight express mail). If you find that the address is not verifiable using the USPS web search,please indicate the address is used by the USPS for regular mail delivery. Failure to provide a valid mailing address will delay or prohibit us from updating the permit. Please note that address updates relating to a general permit authorization can ONLY be made through a Notice of Change. Address changes submitted through any other form can not be processed. 3. REGULATED ENTITY(RE)SITE INFORMATION CORRECTION The NOC form is only for use to update or correct information submitted on the original application or last NOC for the authorization. The authorization under a general permit is site specific. If this change is related to a new location,a Notice of Change is not attainable. Provide the updated site name,updated site addresses,and/or corrected latitude and longitude,as applicable to your NOC request. A new physical address for an existing location is usually the result of a newly assigned 911 address for emergencies. k. If providing a corrected latitude and longitude,enter the latitude and longitude of the site in either degrees,minutes,and seconds or decimal form.For r help obtaining the latitude and longitude,go to: www.tceq.state.tx.us/gis/drgview.html or www.terraserver.microsoft.com/advfind.asm 4.GENERAL CHARACTERISTIC Indicate the change to information originally supplied. For example if the number of acreas of area disturbed has changed,then state:"The number acres of area disturbed has increase to 40 acres." C.Application Contact Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. { TCEQ-20391 NOC Instructions (07/13/2007) Page 2 t,. D. CERTIFICATIONS The certification must bear an original signature of a person meeting the signatory requirements specified under 30 Texas Administrative Code(TAC) §305.44. u:a IF YOU ARE A CORPORATION: The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(1)(see below). According to r; this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: 1 The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(3)(see below). According to this code provision, only a ranking elected official or principal executive officer may sign an NO1 or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to §305.44(a)(3). The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. (1) For a corporation,the application shall be signed by a responsible corporate officer. For purposes of this paragraph,a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures t governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively. [1 (3) For a municipality,state,federal,or other public agency,the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph,a principal executive officer of a federal agency includes the chief executive officer of the agency,or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,regional administrator of the EPA). ri Li r� •} TCEQ-20391 NOC Instructions (07/13/2007) Page 3 fp SECTION 02228 TRENCH SAFETY SYSTEMS PART 1 GENERAL 1.01 WORK INCLUDED Work in this section shall consist of furnishing all equipment, materials and labor for a trench system meeting appropriate requirements established by the Texas Legislature in H. B. Nos. 662,665 and 1569, as well as the Occupational Safety and Health Administration (OSHA) Safety h and Health Regulations, Part 1926, Subpart P- Excavations, Trenching and Shoring. [ f 1.02 SUBMITTALS A. Trench Safety Program. After award of the contract and prior to construction start, the Contractor will be required to submit sufficient documentation to verify evidence of a Trench Safety Program. This document will be typewritten and signed by an official of the construction company. It will contain sufficient information to ensure compliance with the Geotechnical Investigation Report to be provided by the Contractor, all OSHA requirements and H. B. Nos. 662, 665 and 1569 regarding trench safety. B. Trench Excavation Plan. After award, the Contractor will be required to submit a trench excavation plan (five sets). This excavation plan must illustrate proposed trenching methods based on the Geotechnical Investigation Report to be provided by the Contractor. All proposed trenching methods must be designed and sealed by a Professional Engineer registered in the State of Texas with professional experience in soil mechanics. The trench excavation plan is to be designed in conformance with the Geotechnical Investigation r-I Report, H. B. Nos. 662,665 and 1569 as well as OSHA standards and regulations. No trenching in excess of five feet below existing grade will be allowed until the plan is reviewed. Any changes in the trench excavation plan after initiation of construction will not be cause t 1 for extension of time or change order, and will require the same review process. Contractor accepts sole responsibility for compliance with all applicable safety requirements. The review is only for general conformance with the Geotechnical Investigation and OSHA safety standards. Review of the trench excavation plan, from Contractor's negligence in 1performance of the contract work, or from Owner's failure to note exceptions to the 1 excavation plan does not relieve Contractor from any or all construction means, methods, techniques and procedures; and any property damage or bodily injury (including death) that j arises from use of the trench excavation plan, from Contractor's negligence in performance ( of the contract work, or from Owner's failure to note exceptions to the excavation plan, shall remain the sole responsibility and liability of the Contractor. 1 C. Information Required ; 1 1. Contractors have three ways to meet H. B. No.'s 662, 665 and 1569 and OSHA Standards for Trench Excavation, they are: a. Minimum Angle of Repose for sloping of the sides of excavation. b. Utilization of Trench Box. c. Shoring, Sheeting, and Bracing Methods. 2. Contractors electing to utilize the Minimum Angle of Repose must submit: 02228-1 r i. r ' . a. Soil classification according to the Unified Soil Classification system including water t ' content and plasticity index, and a minimum angle of the slope of excavation for the i. i trench. f,; b. A detailed plan of the excavation area and the impact on existing right-of-way and infrastructure. c. No separate pay item for this method is provided. I d. No claim for delay cost. r-, 3. Contractors electing to utilize Shoring, Sheeting and Bracing must submit: a. Dimensions and materials of all uprights, stringers, crossbracing and spacing required to meet Geotechnical Investigation and OSHA requirements. b. A separate pay item is provided for this work. c. No claim for delay cost. t In addition, the Contractor must have on file with the Owner's construction inspection program a current Safety Program for trench shoring systems. :1 PART 2 PRODUCTS 2.01 TIMBER 3 Trench sheeting materials shall be a minimum of two inches in thickness, solid and sound, free = from weakening defects such as loose knots and splits. Shoring timber sizes shall not be less than that called for in geotechnical report. 2.02 STEEL SHEET PILING f A. Steel sheet piling shall conform to one of the following specifications. . 1. ASTM A 328. 2. ASTM A 572, Grade 50. 3. ASTM A 690. B. Steel for stringers and cross braces shall conform to ASTM A 588. 2.03 TRENCH BOXES a Portable trench boxes shall be constructed of steel conforming to ASTM A 36. Connecting bolts shall conform to ASTM A 307. Weld shall conform to requirements of AWS Specification 01.1. PART 3 EXECUTION E 3.01 GENERAL Trench safety system shall be constructed, installed and maintained in accordance with the details shown in the design prepared by the Contractor's registered Professional Engineer to prevent death or injury to personnel or damage to structures in or near these trench excavations. ° i Materials excavated from trench to be stored no closer to the edge of trench than one-half the depth of the trench. 02228-2 [; 3.02 SUPERVISION Contractor shall provide competent supervisory personnel at each trench while work is in progress to ensure Contractor's methods, procedures, equipment and materials pertaining to the safety systems in this item are sufficient to meet requirements of H. B. Nos. 662, 665 and 1569 as well as OSHA Standards. 3.04 MAINTENANCE OF SAFETY SYSTEM The safety system shall be maintained in the condition as specified in the Contractor's trench safety plan. The Contractor shall take all necessary precautions to ensure the safety systems are not damaged during their use. If at any time during its use a safety system is damaged, personnel shall be immediately removed from the trench or excavation area and the safety system repaired. The Contractor shall take all necessary precautions to ensure no loads, except those included in the safety systems design,are imposed upon the excavation. 3.05 INSPECTION Contractor shall make daily inspection of trench safety system to ensure that the system meets H. B. Nos. 662, 665, and 1569 and OSHA requirements. Daily inspection to be made by competent personnel. If evidence of possible cave-ins or slides is apparent, all work in the t trench shall cease until necessary precautions have been taken to safeguard personnel entering trench. Contractor to maintain permanent record of daily inspections. 3.06 REMOVAL Bed and backfill pipe to a point at least one foot above top of pipe prior to removal of any portion of trench safety system. Bedding and backfill to be in accordance to other applicable specification items. Backfilling and removal of trench supports shall progress together from bottom of trench upward. Remove no braces or trench supports until all personnel have evacuated the trench. Backfill trench to within five feet of natural ground prior to removal of entire trench safety system. END OF SECTION t GI ti i ! d : rt 02228-3 , 1 t. ITEM 4403 i SPECIAL SHORING 4403.1. Description. This Item shall govern for furnishing and constructing shoring to hold the surrounding earth, water or both out of the work area and to the lines and grades shown on the plans and in accordance with this Item. r' 4403.2. Design. The Contractor shall be responsible for the adequacy of the special shoring design, including but not limited to installation methods and bracing. The Contractor shall submit, to the Engineer, details and design calculations bearing the seal of a Licensed Professional Engineer before constructing the shoring. Design of special shoring is to comply with OSHA Standards and Interpretations, 29 CFR 1926, i Subpart P, "Excavations." All loads and allowable stresses shall comply with the latest AASHTO Standard t ` Specifications for Highway Bridges, or ASHTO LRFD Bridge Design Specifications. The Contractor shall be responsible for providing vertical or sloped cuts, benches, shields, support systems, or other systems to provide the necessary protection in accordance with the approved design. The Owner reserves the right to fie.,. reject designs. "1 4403.3. Materials. The Contractor shall furnish shoring that meets or exceeds the design t requirements; shoring to consist of interlocking steel sheet piling or equivalent. Materials may be new or used. Materials shall not present a hazard to the public, shall be structurally adequate and shall fulfill the t 1 intended shoring purpose. 4403.4. Construction Methods. The construction methods used for special shoring shall be in accordance with the applicable Specifications and the design requirements. 4403.5. Measurement. This Item will be measured by the square foot of surface area of a vertical plane at the face of the shoring between the top of the ground being supported and the minimum protection grade line shown on the plans. Shoring projecting above the level of the ground being supported or [1 embedment length below the minimum protection grade line will not be measured. When excavation techniques are used to provide the necessary protection, the surface area for payment will be calculated based on the area described by a vertical plane adjacent to the structure. rI This is a plans quantity measurement Item and the quantity to be paid for will be that quantity shown in the proposal. If no adjustment of quantities is required, additional measurements or calculations will not 0 be required. 4403.6 Payment. The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement" will be paid for at the unit price bid for"Special Shoring". This price shall be full compensation for furnishing and placing all shoring materials; for design of the shoring; for all necessary excavation; for placement and removal of excess sheeting, or bracing of the shoring thereof; dewatering or diversion of water; jacking and jack removal; driving piling and for all labor, tools, equipment f1 l and incidentals necessary to complete the work. No payment will be made for special shoring made necessary due to the selection of an optional r f design or sequence of work that creates the need for additional shoring. Li END OF SECTION t ' E i Ea , t 04403 - 1